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Date: 06-19-2007
Case Style:
Case Number: 7:05-cv-03127
Judge: Henry M. Herlong, Jr.
Court: United States District Court for the District of South Carolina (Spartanburg County)
Plaintiff's Attorney: Eugene C. Covington, Jr., Eric S. Bland and Esten Benton Leinster, Iii
Defendant's Attorney: William Benson Darwin, Jr. for Spartanburg County Sheriffs Office
Russell W. Harter, Jr. for South Carolina Law Enforcement Division, et al.
Description: Spartanburg, South Carolina personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming her was wrongfully convicted of rape and incarcerated to 9 years.
In 1995, a bank foreclosed on Jepheth Barnes' home due to his wife's
secret gambling problems and resulting nonpayment of their mortgage. 99
Consequently, Barnes "separated ... from his wife and her two children
from a previous marriage . ... 100 Two days later, his wife's eleven-year-old
daughter alleged and later testified that Barnes raped her. 101
The examining doctor that prepared the rape kit testified that although
sperm was present, its lack of motility indicated that the rape had not
occurred within the last two days as the girl claimed.102 A South Carolina
Law Enforcement (SLED) analyst-relying on an incomplete DNA
profile-testified that there was enough evidence to suggest that Barnes
could have been the perpetrator, though she "could not estimate the
statistical probability that the sperm came from Barnes."1 03
Despite maintaining his innocence and the examining doctor's
testimony, a "jury convicted [Barnes] of criminal sexual conduct with a
minor and ... sentenced [him] to [sixteen] years in prison."1 04 In 2002, a
new DNA analysis of the rape kit revealed that the sperm belonged to the
victim's brother and not Barnes.
Outcome:
06/19/2007 81 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Judge Henry M Herlong Jr on 6/19/07. (awil) (Entered: 06/19/2007)
06/19/2007 82 SUMMARY JUDGMENT in favor of Spartanburg County Sheriff's Office, South Carolina Law Enforcement Division and Lilly Gallman. (awil) (Entered: 06/19/2007)
06/19/2007 ***DOCUMENT MAILED 82 Summary Judgment, 81 Order Dismissing Case(60 Day Settlement Order) placed in U.S. Mail to Rodman Tullis (awil) (Entered: 06/19/2007)
Plaintiff's Experts:
Defendant's Experts:
Comments: