DNA Could lead to Inmates Freedom December 11, 2008

(Houston, TX) – Harris County District Attorney Kenneth Magidson announced Thursday that prosecutors will request to have Ricardo Rachell freed and his sexual assault conviction reversed, after DNA tests showed he did not commit the crime.

The request will be made jointly with defense lawyer Deborah Summers. They will ask 185th District Judge Susan Brown, who presided over the trial, to allow Rachell to be released on bond as he begins the legal process required to overturn the 2003 jury verdict.

Brown is scheduled to hear the motion Friday (tomorrow, Dec. 12).

Rachell, 51, has served five years of the 40-year sentence assessed by a jury on his conviction of aggravated sexual assault of an eight-year-old boy in 2002.

“As soon as the evidence was found to exonerate him, we have acted as swiftly as possible to see that justice is done in this case,” District Attorney Magidson said.

The DA’s Office will also support any request by Rachell for a full pardon.

Investigators have reopened the 2002 rape investigation. They have identified a suspect in the case, who has not yet been charged.

Magidson pledged to continue the thorough reviews and investigations prompted by convicts’ DNA testing requests. The Office will also continue its agreement with the Innocence Project for DNA testing in cases presented by the Innocence Project.

Former DA Rosenthal Cleared December 2, 2008

 

He destroyed his own political career, (and some would say  the careers of some of his fellow republicans), but it now looks like former Harris County District Attorney Chuck Rosenthal won’t face criminal charges for his questionable actions while in office.

Remember the racist and sexist emails found on Rosenthal’s county computer?

Rosenthal was also accused of using county equipment for political purposes.

The following is a statement from acting Harris County District Attorney Ken Magidson.

Investigation Indicates Further Action Unwarranted for Former DA

(Houston Tx) — Harris County District Attorney Kenneth Magidson has ended an eight-month investigation of former DA Chuck Rosenthal with the finding that there is insufficient evidence to seek prosecution.

Magidson advised Eric J.R. Nichols, Deputy Texas Attorney General for Criminal Justice, of his decision in a Dec. 2 letter.

“After a careful and independent review of this matter, I have determined that there is insufficient evidence for prosecution,” Magidson stated.

To avoid any conflicts of interest, the District Attorney in April accepted an offer by the Texas Attorney General’s Office to assist in the investigation. It focused on whether there was prosecutable criminal misconduct in Rosenthal’s use of government resources, including office e-mails relating to political activities. Rosenthal resigned as District Attorney last February.

In the Dec. 2 letter, Magidson commended Nichols and Texas Attorney General Greg Abbott for the assistance, “hard work and wise counsel” provided by the AG’s staff during the investigation.