Booker Diggins Innocence Project

Booker Diggins Innocence Project - Booker Diggins Criminal...

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Burl Cain, Warden Criminal District Court Parish of Orleans Case No. 322-352 " A" Booker Diggins v. APPLICATION FOR POST-CONVICTION RELIEF Petitioner Booker Diggins, by and through counsel, moves this Court to grant him post-conviction relief, and vacate his convictions for aggravated rape, armed robbery, and conspiracy to commit armed robbery. Recent scientific testing has demonstrated that, while Petitioner is Blood Type "0", the perpetrator of the crime for which Petitioner was convicted is Blood Type" A" - a fact which was never disclosed to the defense at triaL. It is now a demonstrable scientific impossibilty for Petitioner to have been the perpetrator of the crimes for which he stands convicted, and for which he has spent over twenty-two years in the Louisiana State Penitentiary. Pursuant to Brady v. Maryland, 373 u.s. 83 (1963), State v. Mathis, 970 So.2d 505 (La. 2007), State v. Conway, 816 So.2d 290 (La. 2007); the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the u.s. Constitution; Article I, Sections Two, Sixteen, Nineteen, Twenty, Twenty-One, Twenty-Two, and Twenty-Four of the Louisiana Constitution; and on various other related grounds, Petitioner requests this Court vacate his conviction as the State withheld material exculpatory evidence denying Petitioner a fair trial, and the newly discovered scientific testing proves, beyond all doubt, his innocence of this aggravated rape and armed robbery. Introduction On January 25, 1988, Petitioner was convicted of aggravated rape, armed robbery, and conspiracy to commit armed robbery. The crime occurred at a restaurant on the Riverwalk. The two assailants waited in the restaurant's storeroom, and when the victim, an assistant manager, entered the room, they handcuffed her to a wooden post and gagged her. While the" short" attacker tried to open the safe, the" tall" 1
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attacker vaginally raped the victim, ejaculated, and wiped his penis off on her shirt. Afterward, the "short" attacker touched the victim's vagina with his hand, but stopped when he discovered that she was wearing a tampon.2 The attackers then left, taking the victim's jewelry and money from the store.3 Before Petitioner's 1988 trial, serological testing of vaginal swabs collected from the victim showed that the man who raped her is Blood Type" A". This evidence was not introduced at triaL. Although the District Attorney's fie in this case contains the serology report and an unfied, undated, and unsigned motion for blood samples from the defendant - who was convicted for being the rapist - nothing in the record demonstrates that this motion was filed, or that the critical blood typing of the rape kit evidence was ever turned over to the defense. In short, the defense was not told that the perpetrator had left semen behind, and his blood type had been established. The defense could have used the serology results at trial as part of the defense case, and more importantly, could have performed additional testing to generate Mr. Diggins'
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This note was uploaded on 03/06/2011 for the course CHS 3501 taught by Professor Perr during the Spring '09 term at FIU.

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Booker Diggins Innocence Project - Booker Diggins Criminal...

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