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Indybay Feature

Demand justice for Dewayne Ewing

Date:
Friday, January 29, 2021
Time:
9:00 AM - 10:00 AM
Event Type:
Class/Workshop
Organizer/Author:
Charlie Hinton
Email:
Location Details:
Alameda County Courthouse 1225 Fallon Street, Oakland

Alameda County Courthouse 1225 Fallon Street, Oakland
Friday at 9 AM PST – 10 AM PST
Price: Free · Duration: 1 hr
Public · Anyone on or off Facebook
DeWayne’s attorney, Jeffrey Mendelman, has filed a motion to withdraw DeWayne's plea deal and ask that any DNA evidence that remains be re-tested. The judge will set the briefing schedule on Friday, January 29. We are also asking the public to call District Attorney Nancy O’Malley’s office at (510) 272-6222 to support letting Dewayne withdraw his plea, give him a fair trial, and re-test the DNA.
For more information, please refer to the post, "The Found Condom: A DeWayne Ewing Mystery" on DeWayne Ewing's Facebook page (Ione, CA)
Added to the calendar on Tue, Jan 26, 2021 11:20AM

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by SF Bay View
sm_dewayne-ewing.jpg
In January 1994, 23-year-old DeWayne Ewing and a girlfriend discarded a condom as they left a park in the Oakland hills. A rape took place in the same park a few days later, and three days after the rape, police found the condom under a bush and put it with the rape kit.

Thirteen years later, in June 2007, police pulled DeWayne over for an illegal turn and arrested him for rape on a cold hit DNA match. He’s been imprisoned all but 11 months since. Yes, the condom is his, but there is NO EVIDENCE OF ANY KIND THAT LINKS THE CONDOM TO THE RAPE.

• The victim couple could not identify him in a police lineup.

• His description does not match that in the police bulletin dispatched after the crime.

• There is none of his DNA, hair, fingerprints etc. in the car where the rape took place.

• There is none of his DNA on the victim’s vaginal swab or matted pubic hair in the rape kit.

• The victim’s DNA is not on the found condom.

• To get an arrest warrant, the DA’s office lied and told the judge the condom was found in the car where the rape took place, instead of under a bush several days later.

• The victim’s story remained consistent from night of the assault through her grand jury testimony: No condom was used. She was positive, because she had asked the rapists to use condoms and neither did. (DeWayne was charged with his cousin, who also maintains his innocence.) In his closing argument, the DA said that although the victim testified no condom was used, she was mistaken.

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