A man who spent 28 years in prison for a rape crime he never committed after a woman said she dreamt about him raping her might regain his freedom after new confession evidence emerged.
An innocent man imprisoned for 28 years after a woman said she dreamed that he raped her could be freed after a Denver judge overturned his conviction, saying he would likely be acquitted at a new trial because someone else confessed to the crime.
That is the story of Clarence Moses-EL who was convicted in 1988 and sentenced to 48 years in prison for raping and assaulting a woman when she returned home from a night of drinking. More than a day after the assault, while in the hospital, the woman identified Moses-EL as her attacker, saying his face came to her in a dream.
Moses-EL has long claimed he was innocent. But all his effort to regain freedom has been futile because Denver police threw away DNA evidence from the attack which could have identified the real culprit. Police destroyed body swabs and the victim's clothing despite a judge's order to preserve it for testing that could have confirmed Moses-EL's guilt or innocence.
However, his break came in December 2013 when another man, L.C. Jackson, sent him a letter in prison saying he couldn't believe Moses-EL was accused of raping the woman because he 'had sex' with her at the same time that night.
'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,' Jackson wrote, according to court documents. 'I have a lot on my heart.'
As a result of the revelation contained in the letter, a hearing in July took place, where Jackson testified that he became angry during sex with the woman and hit her in the face. The woman told police that she was lying down to sleep when a man put his hands around her neck and raped her. Jurors would likely clear Moses-EL if they heard Jackson's sworn confession and saw evidence showing that Jackson's blood type and not Moses-EL's was found in the victim, Denver District Judge Kandace Gerdes wrote in her Monday order granting a new trial.
'He's elated,' Moses-EL's attorney Gail Johnson said 'He's very happy and feels like he's finally getting justice in this case.' he added. A judge set Moses-EL's bond at $50,000, and his attorneys expect he will soon be returned to Denver, where he will likely be released pending a new trial. Prosecutors declined to say whether they would file new charges against him.
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