LOS ANGELES, July 10 (UPI) -- California prosecutors are trying to keep DNA evidence that freed Herman Atkins away from the jury in his wrongful conviction lawsuit.
The Riverside County case seeks damages for the 12 years Atkins spent in prison for a rape and robbery he did not commit, The Los Angeles Times reports.
The county district attorney declared Atkins innocent six years ago, but the county now doesn't want the jury to learn about the DNA evidence that freed him, the report said.
Atkins, now 40, was originally accused in a 1986 robbery of a shoe store. In his wrongful conviction suit, which is set for trial later this month, Atkins claims a detective fabricated evidence.
Private lawyers representing the county assert the sole issue in Atkins' case is whether his rights were violated, The Times reported. They also are challenging the reliability of the DNA tests.
But Atkins' attorneys have said in court papers, "The prejudice to Atkins would be immeasurable if the jury did not hear conclusive evidence that he is innocent."
