A diligent attorney makes all the difference, as in this case where the BCA mixed-up DNA samples and charged an innocent man, until his attorney, Bob Sicoli, uncovered the truth.
Bob’s client was arrested and charged with an alleged brutal stranger rape of an employee of Valley Fair in a swamp in the back of a facility that housed Valley Fair employees. The client was found sleeping in his car about one mile from the scene of the rape, four hours after the rape. He was facing a prison sentence of life in prison without the possibility of release.
Bob’s client insisted that he was innocent. Bob believed him and worked diligently to prove his innocence. When Bob’s client was arrested, he told the police that he was homeless and was in his car the entire time, except that he stopped off at a gas station to buy a yogurt and apple juice. Bob found the gas station where he stopped at, and obtained the surveillance video from the gas station. It showed that Bob’s client was at a gas station 40 minutes away from the scene of the rape, at 1:26 a.m., when the rape occurred at 1:00 a.m. He could not have committed the crime.
The prosecutor disregarded the solid alibi because there was DNA evidence collected at the scene, which the state believed proved that Bob’s client was guilty. Bob knew that there was something wrong with the DNA testing because his client could not have committed the crime. Bob hired a DNA expert, a professor from Indianapolis University, to review the DNA evidence. After her review, she told Bob that she believed that the BCA had mixed-up the DNA results.
As Bob was preparing for trial, he disclosed a summary of his expert’s conclusions to the state. Based upon the work of Bob’s experts, the prosecutor asked the BCA to retest the items. The retest of the items confirmed Bob’s expert’s conclusions, the BCA had mixed up the results. The prosecutor then filed a dismissal in the interests of justice. Bob’s client was innocent. If not for Bob’s diligent work to prove his client innocent, an innocent man could have spent the rest of his life in prison for a crime he did not commit.