Dog bites man, pt 2.

http://www.nytimes.com/2007/09/06/us/06dna.html?_r=1&hp&oref=slogin

This is the first time prosecutors have sought a new capital murder trial after a conviction was overturned by DNA evidence, said Peter Neufeld, director of the Innocence Project. . . . Usually such cases are simply dropped.

But prosecutors are not convinced of the innocence of Mr. Brewer, a black laborer who is mildly retarded. Forrest Allgood, the district attorney who first tried the case, said his theory then was that Mr. Brewer, who was the boyfriend of the victim’s mother, acted alone.

At the trial, Mr. Allgood argued that the couple’s bedroom was “the killing field,” although traces of human blood found there were so small that they could not be tested. His view has changed. “I perceive that Kennedy Brewer assisted someone else in the killing of the child,” Mr. Allgood said.

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I think the solution is to make the individual prosecutors and judge recuse themselves the second time around. The backtracking and justification of incorrect theories is just too repulsive to bear.