MONTGOMERY, Ala., Sept. 9 /PRNewswire/ -- The Alabama Supreme Court recently overturned the Attempted Rape conviction of an Abbeville, Alabama man after his conviction was previously upheld by the Alabama Court of Criminal Appeals. Demarlos Davis, represented by Jim Parkman and Josh McKeown of Parkman, Adams & White, LLC (http://www.parkmanlawfirm.com) learned on September 8, 2009 the high court had reversed the conviction for which he had been sentenced to 30 years in prison.
"Mr. Davis has awaited a just outcome for over ten years and the Supreme Court's ruling is a big step in proving his innocence" offered Mckeown. Over the course of ten years Mr. Davis went through two mistrials and ultimately was found guilty during his third trial, while represented by indigent counsel who was denied access to transcripts from the previous mistrials.
However, on appeal the Supreme Court of Alabama unanimously agreed that the trial judge wrongfully denied Davis's request for transcripts. This decision by the trial judge was found to have hampered Davis's ability to cross-examine witnesses during the third trial.
"It is critical, especially taking into effect that this case has been going on for over ten years, to have sworn testimony of witnesses to point out to the jury that the testimony in each trial changed dramatically. This is why it was so important to Mr. Davis to have these prior transcripts to establish that there was no truth to the accusations against him. Since the Supreme Court sided with Mr. Davis, it is now clear that Mr. Davis will be allowed access to the transcripts of the prior trials and be allowed to show a jury all the inconsistencies in the testimony" stated Parkman.
"Mr. Davis looks forward to being released from prison and adjusting to the life of an innocent man waiting for his day in court where all the evidence can be presented to a jury of his peers. We are confident that at the close of the day, when all of the evidence is presented, Mr. Davis will be cleared of the charges and be able to move on with his life."
Neither Attorney Parkman nor McKeown could provide an estimate as to a new trial date.
SOURCE Parkman, Adams & White, LLC
