At trial in order to resolve the discrepancy between

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Petitioner as the donor of the semen. At trial, in order to resolve the discrepancy between their charge of rape/murder and the presence of another man’s semen, the People argued that the semen likely belonged to a young man believed to be a consensual partner of the victim’s, although, upon information and belief, his sample was not tested. 2
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5. The CODIS convicted-offender and unsolved-crimes DNA databank was developed in the late 1990s, long after Petitioner’s trial. Now, however, its vast capabilities will permit the DNA profile of the semen donor in Petitioner’s case, upon re- testing using current methodology, to be instantly compared to DNA from millions of convicted felons and evidence collected in unsolved crimes, potentially providing dispositive new evidence to support Petitioner’s longstanding claim of innocence. 6. Such was the case with Douglas Warney, who was released from a Rochester prison on May 16, 2006 after DNA re-testing and a CODIS “hit” proved he had been wrongfully convicted of murder in Rochester, NY in 1997. Before trial, testing on biological evidence excluded Mr. Warney as the source of non-victim blood found at the scene, but the State continued to prosecute him, as they did Petitioner, based on a confession he had made to the crime. When the evidence was re-tested nine years later, the DNA profile from blood found at the scene was entered into CODIS where a “cold hit” identified another prisoner, Eldred Johnson, as its source. When confronted with the evidence against him, Johnson confessed to the murder for which Mr. Warney had wrongly served nine years in prison, and Mr. Warney was freed. See Infra ¶¶ 55-56. Crime 7. Fifteen-year old Angela Correa (“the victim”), a 5’4”, hundred-six-pound Columbia native who moved to Peekskill in 1987, was quiet and reserved. (Trial Transcript (“Tr.”) at 22-23, 1283.) 1 She lived in White Plains, New York with her mother, stepfather, and younger sister, Diana. (Tr. at 23, 25.) 1 The Innocence Project is in the process of obtaining the complete transcript from the underlying proceedings. As the complete transcript has not yet been obtained, certain citations to the Trial Transcript (Tr.) pages 1-9, 62-167 and 427-682 are taken from the Brief of Defendant-Appellant, People v. Jeffrey Deskovic , 90-01563, submitted to the New York Supreme Court Appellate Division, Second Department, Apr. 16, 1991. 3
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8. Around 2:30 in the afternoon on November 15, 1989, the victim left school and went home to change clothes. She left her house about an hour later for a school photography project, carrying her camera, camera accessories, and a cassette player. (Tr. at 27-28.) When the victim did not return home that evening, her family reported her missing to the Peekskill Police Department. (Tr. at 34.) An older gentleman, William Harrison, saw the victim’s missing persons photograph and, in the morning of November 17, 1989, reported to the police that he had seen her taking photographs at around 3:30 p.m. on November 15. (Tr. at 34-35.) At around 11:00 a.m. on November 17, 1989, police dogs located the body of the victim at “the pit,” a wooded area frequented by teenagers to drink and “make out” around Griffen’s pond in Peekskill. (Tr. at 17, 19, 20,
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