Due to DNA evidence that linked a West Philadelphia man to the rape of a 15 year-old girl in cold case from 1998, the man, now a father of five, has been found guilty of several crimes, as reported by the Inquirer for Philly.com
Defense attorney James E. Lee told the court that his client, C.G., 37, had not been in any kind of trouble with the law for much of the last ten years. Instead, according to Lee, C.G. has been busy living; supporting his wife and several children.
On February 11, after a two-day deliberation, 12 jurors found C.G. guilty of rape, sexual assault, robbery, unlawful restraint, and conspiracy.
The most compelling piece of evidence was the DNA, taken from the federal DNA database that had linked C.G. to the crime four years ago.
Lee had argued that the sex between C.G. and the girl was consensual.
When C.G heard the verdict he appeared surprised, and Lee quickly moved for an acquittal once the jury had been excused.
Lee said that because his client had been acquitted on a gun charge – there was no gun during the rape – there was no way to prove that the pair did not have consensual sex.
Judge Giovanni O. Campbell denied Lee's motion and said, "I understand your motion, and that's one way of looking at it, but there are others….I'm sorry, but his exposure is substantial."
As requested by Assistant District Attorney Kelly Harrell, Judge Campbell then revoked C.G.'s $150,000 bail and deputies took him into custody.
C.G.'s sentencing has been scheduled for May 16.
Harrell believes that C.G. will face a sentence of 30 to 60 years behind bars.
In 2008 C.G. had pleaded guilty to an assault charge. His DNA, just like any other defendant's, was then sent to the FBI. There it was added to the Combined DNA Index System database, also known as CODIS.
City prosecutors tasked with looking over DNA evidence in cold cases learned that C.G.'s matched the 1998 rape case. The chance that the DNA would match someone else was one in 10.56 billion.
Based on the DNA evidence C.G. was then arrested by police.
According to the victim, who is now 31 years-old, she and her boyfriend were accosted by an armed man as they walked home at approximately 11:30 p.m. on a North Philadelphia street. The man ordered the couple to enter a hole in the fencing around Reyburn Park.
When the couple crossed through the fence, a second armed man met them. The two gunmen told the couple to empty their pockets, and, when the victim's boyfriend protested he was hit in the head with a gun.
The female victim was then taken into a wooded area, told to look away, and raped by both gunmen.
The victim was unable to identify either or her attackers and the second gunman has not yet been identified through DNA records.
Imagine being arrested for a crime you allegedly committed more than a decade ago. Whatever your scenario is, contact a criminal defense attorney for help. DNA is just one of the tools a prosecutor can use against you in court.
