The attorney for a man charged with rape based on his DNA profile is asking a judge to throw out the case, saying prosecutors shouldn't have filed the unusual indictment.
Paul Eugene Robinson is believed to be the first person charged on the basis of a "John Doe" warrant that identifies the suspect only by DNA instead of by name, though prosecutors in several other states have filed similar indictments.
He was arrested in September for a 1994 rape, after a computer matched his DNA to that of the suspect identified only by his genetic profile. Robinson faces five sexual assault charges.
The statute of limitations on the crime would have expired in August, but days before that deadline, Deputy District Attorney Anne Marie Schubert filed charges against a John Doe, identifying the suspect solely by DNA.
Robinson's attorney, Johnny Griffin III, said Wednesday that the case should be dismissed because the John Doe warrant identifies a suspect by a description, giving the accused notice of the indictment. A DNA profile isn't enough of a description, because most people don't know their DNA profile, he said in court documents.
By filing charges against a John Doe in this manner, prosecutors effectively eliminated the statute of limitations, he said.
"The existing laws on the books, dealing with statute of limitations and the John Doe statutes, shows you can't use the John Doe statutes to extend the statute of limitations," Griffin said.
California legislators passed a law earlier this year that extends the statute of limitations for rape cases, from six to 10 years.
Griffin says that proves that the state recognizes the importance of limiting the time prosecutors have to file charges.<
Please purchase a Premium Subscription to continue reading.
To continue, please log in, or sign up for a new account.
We offer one free story view per month. If you register for an account, you will get two additional story views. After those three total views, we ask that you support us with a subscription.
A subscription to our digital content is so much more than just access to our valuable content. It means you’re helping to support a local community institution that has, from its very start, supported the betterment of our society. Thank you very much!
Only subscribers can view and post comments on articles.
Already a subscriber? Login Here
Much Ado About Nothing: A Modern Verse Translation, tells the timeless and hilarious story o… Read moreMills High School Much Ado About Nothing: A Modern Translation
Join us to meet Simi Monheit, the author of The Goldie Standard, and the 2024 Winner of the … Read moreMeet the Award-Winning Author of The Goldie Standard
Success! An email has been sent to with a link to confirm list signup.
Error! There was an error processing your request.
Sorry, an error occurred.
Already Subscribed!
Cancel anytime
Thank you .
Your account has been registered, and you are now logged in.
Check your email for details.
Submitting this form below will send a message to your email with a link to change your password.
An email message containing instructions on how to reset your password has been sent to the email address listed on your account.
No promotional rates found.
Secure & Encrypted
Thank you.
Your gift purchase was successful! Your purchase was successful, and you are now logged in.
| Rate: | |
| Begins: | |
| Transaction ID: |
A receipt was sent to your email.
(0) comments
Welcome to the discussion.
Log In
Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
Keep it clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
Don't threaten. Threats of harming another person will not be tolerated.
Be truthful. Don't knowingly lie about anyone or anything.
Be proactive. Use the 'Report' link on each comment to let us know of abusive posts.
PLEASE TURN OFF YOUR CAPS LOCK.
Anyone violating these rules will be issued a warning. After the warning, comment privileges can be revoked.