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MAN FALSELY ACCUSED OF RAPE RELEASED AFTER SERVING 10 YEARS IN PRISON

Posted by Fay Arfa | Nov 06, 2015 | 0 Comments

Forensic Evidence Showed Accuser Self-inflicted Her Wounds

Los Angeles. After ten years, two trials and two reversals on appeal, the prosecution and the defense reached an agreement releasing Daniel Clarke from state prison. Prominent defense attorney Fay Arfa, fought for Clarke's freedom and never gave up hope. Daniel Clarke had been serving a sentence of twenty six years to life in prison for six felonies including the rape of pregnant T.G., the mother of his son. Forensic evidence proved Clarke's accuser lied and self-inflicted her wounds to keep Clarke from gaining custody of their son.

The saga began when Clarke filed for custody of the couple's son because T.G., now pregnant with the couple's unborn child, refused to let him see his son. On April 14, 2005, Clarke filed a petition seeking legal and physical custody of their son. Two days before the custody hearing, T.G. invited Clarke to her house where they engaged in sex. After Clarke fell asleep, T.G. called the police. When the police arrived, T.G. grabbed her pajama shirt and ran out of the house naked and claimed Clarke broke into her house, held a knife to her throat, cut her chest, thighs and genitalia with a knife and forced her to have sex. The police arrested Clarke. He was tried and convicted and sentenced to life in prison.

Clarke hired Attorney Arfa who uncovered forensic evidence that T.G. self-inflicted her wounds. The California Court of Appeal granted Clarke a new trial. The second trial started and the prosecution hired their own expert to evaluate T.G.'s wounds. The prosecution's expert agreed that T.G. had self-inflicted her wounds, but the prosecution kept their expert's exculpatory report from the defense. Once again, the jury convicted Clarke and he was again sentenced to life in prison. Undeterred, Attorney Arfa contacted the prosecution's wound expert. The prosecution's expert gave Attorney Arfa the extensive report proving T.G.'s wounds had been self-inflicted. The Court of Appeal found the prosecutor unconstitutionally failed to give the defense the exculpatory report proving T.G. self-inflicted her wounds. The Court of Appeal again granted a new trial.

Before the third trial started, the prosecution offered to release Mr. Clarke if he agreed to plead guilty to a lesser a non-strike, non-registerable felony. Mr. Clarke accepted the offer and the trial court ordered him released from custody.

“We always believed in his innocence; it's a shame he spent ten years of his life in prison; but we are thrilled with his release and we wish him all the best in the world,” said Attorney Arfa.

CONTACT: Attorney Fay Arfa, (310) 841-6805 or [email protected]

About the Author

Fay Arfa

Fay Arfa has the distinction of being Certified as a Specialist in two separate areas of law – Criminal Law as well as Appellate Law – by the California State Bar, Board of Specialization. The National Board of Trial Advocacy has also awarded her a board Certification in Criminal Trial Advocacy. ...

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