Judge tosses murder conviction of man in prison for 34 years

[Judi Lynn]

Source: Associated Press

Judge tosses murder conviction of man in prison for 34 years
Joe Mandak, Associated Press
Updated 12:59 am, Friday, August 14, 2015

PITTSBURGH (AP) — A man who spent 34 years in prison for the rape and shooting death of a teenage girl was released from prison Thursday after a judge vacated his murder conviction, citing new DNA evidence.

Lewis Fogle, 63, was freed on bond because he remains charged and could be retried by District Attorney Patrick Dougherty, who filed the joint motion to vacate the conviction with the New York-based Innocence Project.

"We are incredibly grateful to District Attorney Patrick Dougherty for working with us to conduct the DNA testing and for acknowledging that Mr. Fogle's conviction should be set aside," said David Loftis, managing attorney for the Innocence Project.

But Dougherty said his actions and the judge's decision don't mean Fogle has been exonerated in the death and rape of 15-year-old Deann Katherine Long in 1976.



Read more: http://www.chron.com/news/crime/article/Judge-vacates-Pennsylvania-man-s-conviction-in-6442276.php

[gregcrawford]

1. So let me get this straight...

... DNA tests demonstrated conclusively that Fogle did NOT commit the crime for which he's been imprisoned for more than half his life.

But in D.A. Dougherty's fevered brain, that doesn't necessarily mean he's innocent? WTF!?!

Or perhaps he's employing the standard authoritarian rationale that "he's probably guilty of something" so he can refuse to acknowledge that his predecessor made a grievous - and very possibly intentional - mistake. Because such sociopaths would scoop out their own eyeballs with a rusty spoon before they'd EVER admit being wrong. Is THAT it, Patrick, me bucko?

[phantom power]

3. They know cases like this are a direct threat to their credibility and authority.

And I bet they have an idea how many cases like this there *are*, and that if everybody else found out, it would be a disaster for them.

[harrose]

4. The rest of the article...

... makes it clear that there were other people involved too. Even if Fogel didn't commit the rape, that doesn't necessarily mean that he wasn't involved in the murder in some other way. That's what the DA is going to look into.

You can't expect the DA to make a snap decision on that, so he's going to take a few weeks to look into the matter (his decision is due Sept 14).

In all likelihood, the matter will be closed, as gathering evidence from forty years ago is going to be near-impossible.

[Hassin Bin Sober]

7. Sounds like a real railroad job. Jail house informant and hypnosis of a guy who checked himself...

... in to a metal healthy facility who named his accomplices.

Yeah, no.

[harrose]

9. Very likely, yes.

But, nonetheless, the DA would be negligent if he didn't, at least, give it a cursory examination. He has a responsibility to do his best to see if it's at all possible that he was involved in the murder.

The fact that he agreed to release the defendant on bond says a lot about where he probably intends to go on the matter, but he has to, at least, make sure it's done properly.

[sorefeet]

2. This way they don't have to

give him 10 million bucks for wrongfully locking him up. It's just an oops moment.

[GoneFishin]

6. You nailed it. It's a lingering threat hanging over his head.

[JimDandy]

10. That's it. n/t

[tabasco]

8. Happy to see the DA assisted

rather than some other shitheel DAs who have tried to block DNA innocence evidence.