KUSA - In late January, 9NEWS received thousands of news tips about Clarence Moses-El.
The proof of Moses-EL's guilt or innocence may well have been written in DNA code on two bedsheets, a sexual-assault kit and a pink and black outfit worn by a Denver rape victim.
From prison, he won a judge's permission to test the evidence and persuaded fellow inmates to pitch in $1,000 for the lab work.
In Clarence Moses-El's case, Denver Police packaged the DNA evidence and labeled it "DO NOT DESTROY.'' Then, they threw it in a Dumpster.
The move violated a court order and the Denver Police Department's own evidence policies.
Still, Moses-EL remains behind bars, with no way to free himself from a 48-year sentence for a rape he says he didn't commit.
Recently, People's Power Assemblies posted a petition online regarding his innocence: http://bit.ly/1dP5mr0.
The viral news tip sent to 9NEWS hundreds of times read:
To: Gov. Hickenlooper, Mayor Hancock, District Attorney Morrissey
CC: Colorado State Legislature, Denver City Council, Colorado Congressional Delegation and members of the media
I urge you to take action to free Clarence Moses-El.
Clarence Moses-El has been convicted of a crime that he did not commit. He has asserted his innocence from the very beginning and is in prison based on no more than a dream. He has asked all along that the DNA evidence involved with his case be tested. After winning a court order for the evidence to be tested, the evidence, which was in a box marked, "DO NOT DESTROY," was thrown into a dumpster.
Moses-El was denied the right to a new trial based on a Supreme Court decision, which determined that the defendant must prove "bad faith" on the prosecution's part when the evidence is destroyed, something difficult if not impossible to prove.
The three people originally identified as possibly being responsible for the rape for which Moses-El was convicted, according to the victim, were "LC, Earl, and Darnell." This appeared in police reports and trial transcripts. L.C. Jackson, one of the three, who is serving a prison sentence for rape of a 9-year-old and her mother, recently confessed to the crime. In a letter asking that Moses-El send his attorneys to interview him, Jackson says, "I really don't know what to say to you. But let's start by bringing what was done in the dark into the light. I have a lot on my heart."
Despite the discarded evidence, the confession and the victim's original statement, District Attorney. Mitch Morrissey has refused to free Clarence Moses-El.
One day in prison for an innocent man is too much; 27 years constitutes cruel and unusual punishment.
It is time for Clarence Moses-El to be set free.
I urge you to take action and do what is right and just. Free Clarence Moses-El.
9NEWS contacted all the email recipients and received the following note from the District Attorney's Office:
"The District Attorney's foremost concern is that justice is served - that the guilty are held accountable and that the innocent are exonerated. This concern is paramount in this case and every case. Because this is a matter that is once again pending in court, we have to decline making any comment on the facts or the evidence in the case at this time."
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