New DNA testing frees convicted Colorado rapist, killer

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Robert Dewey

 

Update: A man sentenced to life in prison for the rape and killing of a Colorado woman was freed on Monday based on advanced DNA testing that exonerated him.

Robert "Rider" Dewey, 51, who had been imprisoned since his 1996 conviction, appeared before a Colorado judge on Monday in Grand Junction for a post-conviction hearing in his case. He was ordered released shortly after that hearing.

"I kind of want to kick back, ride my bike and be with my family," Dewey said after he was freed. "I always knew of my innocence and proclaimed my innocence."


Dewey was convicted and sentenced to life without parole for the rape and murder of Jacie Taylor, 19, in the western Colorado town of Palisade. Taylor's partially clothed body was found in her bathtub in June 1994. She had been beaten, sexually assaulted and strangled with a dog leash.

Appearing with prosecutors at a joint news conference to announce their motion on Monday, Dewey's lawyer, Danyel Joffe, called the outcome of his trial a miscarriage of justice. Dewey has maintained his innocence throughout the case.  

 


"I don't believe the prosecution established guilt beyond a reasonable doubt," she said. "The jury wanted to convict somebody."

Stephen Laiche, one of two attorneys who defended Dewey at his trial in 1996, praised Mesa County District Attorney Pete Hautzinger's office, The Daily Sentinel reported. 

"They could have fought us on this thing, but they realized they had an innocent man," he told the newspaper.  "It makes me wonder what we could have done differently."

Advanced techniques
Dewey's lawyers submitted his case to the Colorado Justice Review Project, a program established in 2009 with a $1.2 million federal government grant that allows convicted felons to apply for DNA testing in their cases.

The program is administered by the office of Colorado Attorney General John Suthers, who lauded it as a way for advanced DNA techniques to affirm convictions or clear the innocent.

Questions arose during his trial about whether blood on his shirt belonged to the victim, according to local news accounts. A defense expert disputed the prosecution's contention that the blood matched Taylor's, the reports said.

The semen found on the victim did not match Dewey at the time of his conviction, but no other suspect was ever arrested for the crimes.

'Still a killer out there'
Under Colorado law, a first-degree murder conviction carries an automatic life sentence without the possibility of parole.

Dewey consistently maintained his innocence.

 At Dewey's original  sentencing, then-Mesa County District Judge Charles Buss was quoted in local media as telling the defendant that, "I am happy to impose it (a life sentence) on you."

Dewey replied: "There's still a killer out there."

Post-conviction DNA testing has exonerated nearly 290 people in the United States since 1989, according to the Innocence Project, which works to reverse wrongful convictions.

Reuters contributed to this report.

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I'm just glad they determined this BEFORE this man was put to death. This does speak volumes against the death penalty. Like the article said, they just wanted to find someone guilty for such a heinous crime. I don't know how you compensate someone for spending 17 years in jail for a crime he did not commit. A comfortable life should be the first compensation and an apology from the arrogant judge should be a "requirement." I sure hope the people who sat on this jury now understand that you don't convict if there is any reasonable doubt. I think the fact that his semen did not match the semen found on the girl would be reasonable doubt in anybody's mind. Sad story with happy ending for this man... now I hope they will search for the real killer and search diligently!

    Reply#214 - Mon Apr 30, 2012 10:03 PM EDT

    He wasn't sentenced to death; he was sentenced to life without parole.

      #214.1 - Mon Apr 30, 2012 10:12 PM EDT

      I stand corrected John... but the point remains the same. I'm glad this was discovered before this man spent his entire life behind bars for a crime he did not commit. And jurors need to understand the concept of "guilty beyond a reasonable doubt." I do hope they find the true perpetrator of this crime. Sounds like they have some DNA to work with.

      • 1 vote
      #214.2 - Mon Apr 30, 2012 10:32 PM EDT
      Reply

      Wait, his DNA didn't match then, but they STILL convicted him?

      • 2 votes
      Reply#215 - Mon Apr 30, 2012 10:04 PM EDT

      Innocent or guilty, if you can't pay for a good shyster lawyer, chances are you will rot in prison. Alfalfa found this out the hard way and certainly looks worse for the wear.

        Reply#216 - Mon Apr 30, 2012 10:09 PM EDT

        I can't even begin to imagine what this guy has gone through these past sixteen years, knowing full well that you're innocent, but no one will listen or believe you! I was in prison for a little over nineteen years, but I was guilty so I knew what I was being punished for, he didn't. Never mind the fact that sex offenders have the worst possible time in prison, I'm surprised he made it as far as he did. His lawyer at the time, Stephen Laiche, stated in the article that he wanted to commend the prosecutor for not playing hard ball by not recognizing that an innocent man was in jail and he said "IT MAKES ME WONDER WHAT WE COULD HAVE DONE DIFFERENTLY"? Well here's a flash for you, you could have done a better job investigating the case especially since the semen that was recovered didn't match Dewey's!!! That should have given you a good indication that maybe you had the wrong guy! Why didn't you contact the Innocence project earlier about getting a DNA test done? DNA tests have been exonerating guys since the late 80's and I'm sure if you tried hard enough or maybe had more belief in your client and his protestations of innocence you could have convinced the Innocence Project to take a look at the case!! You were too eager to close the case when you should have dug deeper and gone the extra mile especially when a man's life was at stake, that's what you should have done differently!!! One other thing I want to say here is that, BESTIA INTERNALE, YOU ARE A COMPLETE A-HOLE AND I'M SURE THAT STUPIDITY COMES NATURAL TO YOU!!!

          Reply#217 - Mon Apr 30, 2012 10:09 PM EDT

          He should sue MSNBC for libel. Hes not a "convicted rapist and killer",hes a man that "was convicted of rape and murder" but now thats been overturned. It may sound like a small distinction,but I imagine he will feel its quite a big deal.

          • 1 vote
          Reply#218 - Mon Apr 30, 2012 10:16 PM EDT

          They call this American Justice and happen's all accross america, the prosecutor and the judge just want to get re-elected so they are willing to hang some one out to dry, right or wrong they don't care. This is especially true with the prosecutor and judge in regard to the simplest of infractions..............its all about the MONEY.

          • 2 votes
          Reply#219 - Mon Apr 30, 2012 10:21 PM EDT

          I hope and pray he sue the h*ll out of them.

          • 1 vote
          Reply#220 - Mon Apr 30, 2012 10:22 PM EDT

          This case and others where innocent people were convicted of crimes they did not commit are why I no longer support the death penalty. Bad enough to lock up an innocent person, but at least there is hope of eventually proving the person's innocence. However, after an innocent person is put to death there is no way to correct the injustice.

          I still feel those that commit heinous violent crimes deserve the death penalty, but the risk of the state killing an innocent person is far to great and unacceptable.

          • 3 votes
          Reply#221 - Mon Apr 30, 2012 10:24 PM EDT

          poor guy should get a mil for every year he spent in prison.

          • 1 vote
          Reply#222 - Mon Apr 30, 2012 10:26 PM EDT

          Yes, and the arrogant judge should pay at least half of that! I've seen too many judges in action and they are too often arrogant @!$%#s who have way too much power. I know this guy was convicted by a jury but the judge's comment was totally uncalled for.

          • 1 vote
          #222.1 - Mon Apr 30, 2012 10:36 PM EDT
          Reply

          Typical of MSNBC shotty reporting. They didn't add that the same test that exonerated Dewey has produced the real killer/rapist. That suspect being Douglas Thames. Thames apparently is serving a prison term for raping and strangling another woman, Susan Doll, in 1989. Thames is said to have lived in the same apartment complex as Jacie Taylor at the time. His girlfriend at the time was friends with Taylor. The DNA analysis matched Thames to the semen found on Taylor. As slow as MSNBC is in reporting, you probably won't hear about this for another day or two.

            Reply#223 - Mon Apr 30, 2012 10:40 PM EDT

            Thanx for the info.

              #223.1 - Tue May 1, 2012 7:44 AM EDT
              Reply

              Much thanks goe's out to the founders of the "Innocence Project" ... Johnny Cochran and associates.

              I know the horror that this man has endured .... in 1995 during my trial "non-jury" , what a mistake for listening to my sell out attorney later found to be doing crack .... in reviewing my trial transcripts the Judge stated they understood that i had shot and killed in "self defense" .... but couldn't understand why i had shot the person more than once , or why i didn't shoot a "warning" shot into the air first { i had been attacked by a crack smoker that broke into one of my properties and was threatening to burn the home down with all the tenants inside , this guy attacked me brutally and stabbed me with a butcher knife } the Judge also stated in the transcript that " I had the burden of proving my innocence " rather than the prosecution having the burden of proving my guilt " . The prosecution was trying to have me convicted of first degree murder with a sentence of either life without parole or the possibilty of a death sentence . The Judge then pondered between acquittal based on self defense or 3rd Degree Murder based upon "malice" because i shot more than once in self defense .

              I wound up with a sentence of 5-10 because of a mandatory sentence for a crime with a handgun , she asked the DA to waive that mandatory statute , so she could consider possibly a sentence of 1-2 yrs or maybe probation as i had no adult criminal record nor any juvenile record , i was employed as a private investigator prior to this trial. I owned the weapon legally , had a license to carry , and was defending myself in my own property.

              I was convicted in Dec 1995 and "allowed" to remain free on bail , as the Judge put it , to allow me time to get things in order before going away, I was sentenced on 18 Feb 1997 and off to prison i went after the bail was revoked the same date.

              So i did 5 1/2 years in a state prison , until paroled , then walked off the rest until 2007 when my sentence ended , the Judge , "erroneously" convicted me of 3rd Degree Murder , "after" aknowledging i had shot in self defense , and "erroneously" shifting the burden of proof . Another words she considered me guilty , and took away the burden of the prosecution to disprove self defense .

              The same Judge "denied" me competent counsel for appeals , my first appeal was dismissed because counsel failed to file an appeal petition .... the second counsel refused to raise the issue of police officers committing perjury , the DA argued on appeal that evidence of police perjury should not be reviewed by the Appellate Court , because it should have been raised at Trial .... again incompetent Trial Attorneys , but the Trial Judge refused to rule Trial Counsel as incompetent during Post Trial Motions for relief .

              After my release on parole an attorney offered to take my case , because while on parole your still considered an inmate within the system , but i couldn't afford his fee's , so no luck with that. Now that i'm off parole i cannot use the Post Relief Remedies and am told my only recourse is to request a Pardon and that process may take 3-4yrs. I still have the Police Detective Interview reports of the responding officers , that totally contradict their handling of the crime scene as compared to their testimony at trial , as they "framed" me for a murder , that was NOT a murder , but a self defense shooting. When i save the money needed , i will pursue my pardon , by proving my innocence , including the transcripts wherin the Judge stated , I understand it was "Self Defense".

              • 1 vote
              Reply#224 - Mon Apr 30, 2012 10:45 PM EDT

              A prime example why you should always exercise your right to a trial by jury. Thanks for sharing.

              • 1 vote
              #224.1 - Mon Apr 30, 2012 10:54 PM EDT

              @ John-1779666 ............ yes , but being it was my first time and not being familiar with the system , i trusted the advice of my attorney , because he said the police would not cross the blue line , and it would be best to take a Judge alone if facing First Degree Conviction .... boy did he ever set me up with that line .

              By the way this case happened in Philadelphia , Pa. ...... during my incarceration i read many a articles of Police Corruption throught different Police Districts and there was even a DA Scandal during that time ... hundreds of case's were overturned as a result of Corruption , because all case's involving Tainted Police in one case affected all the case's they were ever involved with.

              • 1 vote
              #224.2 - Mon Apr 30, 2012 11:06 PM EDT
              Reply

              maybe we need to raise holy hell and say there racist wheres his pay for all them years at f the law we dont have law because the law wont let the law do tha laws job hollar racist it works did about 2 weeks ago lol

                Reply#225 - Mon Apr 30, 2012 10:53 PM EDT

                Why do they always fail to include the fact that whoever commited this crime is free and the prosecuters don't have a clue how to change that fact. Is it justice or just us?

                  Reply#226 - Mon Apr 30, 2012 10:54 PM EDT

                  Because in this case, the suspect who they issued an arrest warrant for is in prison for another rape and murder. So Jacie Taylor's rapist/killer is currently behind bars.

                  • 1 vote
                  #226.1 - Mon Apr 30, 2012 10:56 PM EDT

                  The story doesn't say one thing about that. Maybe you should write the article.

                    #226.2 - Mon Apr 30, 2012 11:02 PM EDT
                    Reply

                    I don't know if I should laugh or cry at those who think there is no body above the law. Prosecutors are immune, cops work in pacts like wolves, no one can get close to them. Judges throw everything on the jury so they don't have to make a call and set an innocent man free. It is a joke how we claim "innocent until proven guilty" when people think police are infallible and honest and with integrity. Police lie to protect each other give and receive favors from each other and other departments. On paper, we have the best justice system in the world, but we have the most corrupt DA's and judges who work with humans as if they are working with dolls. They destroy people and families and put innocent people KNOWINGLY in 6x10 for their own interests. It is sickening people. The problem with Americans they only want justice if who they think is guilty walks free but have no problem with an innocent man or woman suffer and gets incarcerated for something he or she did not do. Why aren't people revolting like they did to Trayvon Martin to free an innocent man. You won't see that happening.

                      Reply#227 - Mon Apr 30, 2012 11:25 PM EDT

                      This guy gets convicted of rape and murder on little or no evidence, sits and rots in prison for sixteen yrs.....and yes there was DNA testing in 1996.......

                      Then Patrick Sullivan, the former, upstanding Arapahoe County, Colorado Sheriff, admits that he was guilty of trading meth for sex for years and admits that he probably had sex with a 13yr old boy......walks after serving 17 days under protective custody.........!!!!!??????

                      Anybody else see a total disconnect in our justice system?

                      WTF!!!

                        Reply#228 - Mon Apr 30, 2012 11:32 PM EDT

                        "DNA Evidence Exonerates Innocent Man" I guess 12 jurors, a DA's office and a judge owe the man an apology. The State owes him several million dollars...but only if the State cares about justice.

                        • 1 vote
                        Reply#229 - Mon Apr 30, 2012 11:35 PM EDT

                        Once released, the wrongly convicted needs the help of 'the rapist' - uh, I mean 'therapist'

                        • 1 vote
                        Reply#230 - Mon Apr 30, 2012 11:43 PM EDT

                        Ride on Rider, free at last brother!

                        • 1 vote
                        Reply#231 - Mon Apr 30, 2012 11:45 PM EDT

                        I hope he sues the state and the taxpayers for a few million dollars, because he deserves it for the broken justice system wasting 16 years of his life!

                        • 1 vote
                        Reply#232 - Mon Apr 30, 2012 11:48 PM EDT

                        This guy is guilty as sin! They obviously made a mistake with the DNA the first time and now it's all screwed up. He should have already been put to death!! He was found guilty by a group of his peers people! I hope all you idiots are happy that there's another rapist killer on the streets. Shame on you all. Justice has been unserved.

                          Reply#233 - Mon Apr 30, 2012 11:56 PM EDT

                          it is now time that we demand justice for ALL by requiring DNA evidence be confirmed on ALL cases. I am sorry if it causes undue monitary problems but if you are going to sentence a person it is obligated. DNA do not lie! How many times lately are we hearing people who have been sentenced to death, life, etc only to be cleared. Also I demand that any police, judicial that convicts a person when evidence is there that will either confirm or clear a person and they knowingly allow a person to be found guilty. Then they must be required to serve the sentence! We have had several cases where prosecutors and officers knowingly allowed a person to be convicted this is pure wrong and when they do this they become worse then any offender!! I use to be pro death penalty until I am reading more and more of falsely being accused especially in my state of Texas and especially from Dallas county prosecutors! I pray something will change and also do away with the death penalty unless DNA confirms guilt! My 2 cents worth!

                          • 2 votes
                          Reply#234 - Tue May 1, 2012 12:05 AM EDT

                          Wowwww....almost 20 years gone....convicted of something you did not do......and the villian is still out there.You know whats equally sad are states that refuse to go back and use DNA science...because they basically dont want to be held accountable for killing someone or putting someone away that did not do the crime.....seems a bit inhumane if you ask me, but in some strange way they always wind up justifying it for a bull@!$%# reason.

                          • 1 vote
                          Reply#235 - Tue May 1, 2012 2:59 AM EDT

                          he should sue the state the judge and he da from back hen

                            Reply#236 - Tue May 1, 2012 3:35 AM EDT

                            how did 1996 dna testing match the blood stained on his shirt to the victim in the first place? How did new dna testing match the blood stained on his shirt to someone else today in 2012? What about the rape testing result from 1996 dna test for rape, is that still valid under the new dna testing ?

                            In other words, were the 1996 dna testings used in trial were mixed up with another defendant or someone else?

                              Reply#237 - Tue May 1, 2012 5:24 AM EDT

                              His lawyer is correct - the jury wanted to convict someone and he was the only person available. Juries want to do this to give victims and their families some closure and to assure themselves that the community is safe. Crime affects everyone and not just the people it personally touches. It is amazing that in one state, such seriously flawed and contested evidence can result in a conviction, but in another a mother who fails to report her child missing, tells a bunch of lies and goes partying is exonerated.

                              We keep saying we have the best justice system in the world, but really, we don't and it needs to be re-imagined and re-defined. There is a huge amount of justification for relying on stable legal precedent as the basis for legal decisions, but the precedent has to give way to modern technology and forensics at some point. We also have to acknowledge that people have equal rights but not always equal intelligence or expertise and the constitution of a jury needs to take into account the complexity of the case and needed expertise to understand and evaluate that information in a neutral way.

                                Reply#238 - Tue May 1, 2012 9:01 AM EDT
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