When They Tested the Fucking DNA

It was 30 years ago, 1985, when Anthony Apanovitch was convicted of aggravated burglary, rape, and aggravated murder of Mary Anne Flynn and sentenced to be executed.  He said he didn't do it.  

He said it repeatedly.  Over and over.  Again and again.  

I didn't do it.  I didn't do it.

The prosecutors said that was bullshit.  

Of course he did it.  Absolutely positive.  Horrible crime. And he's guilty as sin.  

To which the jury and the judge said,

Hang him high.*

And for 30 years now, they've been trying.  And he's been fighting it.  And the new DNA tests.  Which, he says prove he didn't rape and kill her.  The state says DNA proved he's guilty.  Because, you know, what else can they say.  It's why they don't like actually testing the DNA.  Just fucks things up for them. 

As it happened yesterday.

Yesterday, after 30 years of wrangling, the judge ordered a new trial.**  After acquitting him of one count of rape and dismissing the other count of rape.  Oh, and when they find him a suitable place to live, he'll be out on bond.  

Our county prosecutor is pissed.  And will, of course, appeal.

"These shockingly and disturbingly brutal crimes were proved. This is hardly a crime meriting personal bond, which endangers the safety of the public. Worse yet, Apanovitch committed these crimes while on probation for a sexual assault, and he also had been to prison for aggravated robbery.

Ah yes, public danger.  Peril.  Be afraid.  Be very afraid.  Mad dog killer on the loose.

"Death penalty cases have been subjected to ridiculous levels of scrutiny, creating decades of absurd delay at the cost of millions of dollars and countless hours of agony and frustration for families of victims who have not received the justice they deserve."
"We have been fighting for Mary Ann and her family for thirty years, have won appeal after appeal, and will continue to do so. This is only a temporary setback."

Yeah.  Temporary.

They still fully intend to kill a guy for a crime he probably didn't commit.


------------------
*Actually, the order was to fry him.  Here in Ohio, the electric chair was our method of state sanctioned and performed killing in those days.
** I hope to get a copy of the court's order later today and will post it here when I do.