DNA shows shoddy police work AGAIN!

BALTIMORE -- A man convicted of taking part in a 1987 rape and murder has been ordered freed after DNA evidence caused the case against him to unravel.

Jayne Miller Reports

Baltimore prosecutors on Wednesday declined to retry 43-year-old James Owens for the stabbing and strangling death of 24-year-old Colleen Williar.

Owens and James Thompson -- Williar's neighbors -- were convicted in 1988 of committing what police and prosecutors described as a burglary that turned into a rape and murder. Police said Williar had been raped, strangled with a sock and stabbed repeatedly with a knife.

Owens was sentenced to life without parole.

But Owens' attorney, Stephen Mercer, filed a motion for a new trial nearly two years ago after a DNA test ruled out both Owens and Thompson as the men who had raped Williar.

The state ordered Owens to have a new trial, but on Wednesday city prosecutors chose to drop the case altogether because many of the witnesses had died and the rest of the evidence was gone.

"The knife we would have argued is the murder weapon, some of the hair at the scene, some of the clothing recovered at the time have all since been destroyed and lost to time," said Joseph Sviatko of the city state's attorney's office.

Mercer said his client was "overwhelmed" by the news that he will be a free man after serving 21 years behind bars.

"Mr. Owens is innocent. He didn't commit this crime. DNA evidence conclusively shows that, and it's disgraceful he's been in jail for 21 years," Mercer told 11 News.

He said a big question remains.

"Whoever committed this crime has gone free, has not been found, apprehended and prosecuted. The wrong people were prosecuted," Mercer said.

Mercer said Owens will be released by the end of the day.

Thompson testified when the two men originally went on trial, implicating himself and Owens in the crime. Defense lawyers said it was a false confession. He is also seeking a new trial.

Here we have another case of fire and forget justice.. 21 years this man spent in jail, wrongfully accused and sentenced. DNA cleared him.. and oh, the evidence is gone now.. hmm, methinks it was never there to begin with..