Legal Question in Criminal Law in California

I have the unenviable task of trying to help a friend in Salinas State Prison California fight to clear his name....I'm in Scotland. He is decent ,educated British man who has been in prison for 16 years. Paul was convicted of a murder without any evidence, witnesses or videos ect.He has been sentenced to life without parole.He was beaten on the day of his trial which left him unable to assist in his own defense. His defense lawyer did not present crucial evidence that would have supported his plea of innocence. The murder victim's house had previously been attacked and fire bombed and sprayed 'KKK house'. Paul's wife had been having an affair with the murder victim which is how Paul became a suspect.

The investigation discounted his vehicles and he was 350 miles away from the crime scene. Paul desperately wants to get a red hooded top DNA tested to prove he was not responsible for an attempted murder of the victim prior to his actual murder. Paul wants a fair trial to give him the chance to prove his innocence. Where do we go from here? Who can get evidence DNA tested?


Asked on 1/18/13, 8:45 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"clear his name"??

That would only occur, technically, if he succeeds in winning an appeal of his conviction, AND obtaining a court finding of 'factual innocence' in the process. Highly unlikely to happen, statistically.

He wasn't convicted "without any evidence". If there had been none, he would not have been convicted or even charged. He may now contest the weight and implication of the evidence, but that is not the same as saying there was 'none'.

He also had appeal rights if there had been valid grounds to assert such claims as he now makes. Appeals must be timely filed, not years later.

The same logic and requirements apply to his seeking to obtain a Governor's pardon and declaration of 'innocence'.

However, if serious, he can hire counsel and investigators and experts now, and seek court orders for testing, and file motions and possibly file appeals if any newly discovered evidence justifies doing so.

If serious about doing so, feel free to contact me to discuss the actual facts as well as the significant costs of this process.

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Answered on 1/18/13, 12:11 pm


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