SAVE Kenneth Clair in California
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NEWS
Latest News: New ABC Documentary (2017)
and Death Row Stories featuring
Kenneth Clair story (2018)
Who is Kenneth Clair
Kenneth Clair was a child abandoned by his father at birth and brought up by his mother who did domestic work as a living. In his early years, he did well in school and was interested in sports. When his mother remarried with a man (Jack) who had served jail time and wanted to"discipline" Kenneth, Kenneth became withdrawn and lost interest in school. Ultimately he was arrested for an armed robbery and went to jail.
His mother testified she did not believe he could commit a murder. She said:
"He's not that type of boy. He's very compassionate. He always like to help people". At trial she declared:
"I love Kenneth" and pleaded for his life.
Today, Kenneth Clair has French friends from the ACAT, who hope his innocence will prevail and that their friend will be released.
His mother testified she did not believe he could commit a murder. She said:
"He's not that type of boy. He's very compassionate. He always like to help people". At trial she declared:
"I love Kenneth" and pleaded for his life.
Today, Kenneth Clair has French friends from the ACAT, who hope his innocence will prevail and that their friend will be released.
Case summary
Kenneth Clair was arrested for the November 15, 1984 murder of Linda Faye Rodgers, a baby sitter who was staying in a house in Santa Ana, where a couple resided with four young children.
5-year-old Jerrod Hessling witnessed the beating, rape, and stabbing death of his babysitter. When asked to describe the killer, he said, without hesitation, that it was a white male. Another child present during the murder saw a white man’s tattooed arm reach inside the house to open a sliding glass door.
Yet, the prosecution alleged the murder was committed by Kenneth Clair, a dark-skinned African-American homeless man at the time who had been squatting next door. in the course of a burglary and was committed during an attempted rape. Kenneth Clair was also charged with burglary and a prior burglary occurred in or about a week earlier on November 7th, 1984.
A key witness presented by the prosecution at trial had undergone brain surgery a week prior to the events to which she testified. Nearly all her friends and family were of the opinion that she could not have accurately recalled the events from November 15, 1984.
In 1987, a jury found M. Clair guilty of murder with the special circumstance of burglary but found the attempted rape not true. On August 6th, 1987, the jury sentenced M. Clair to death.
Some time between 2001 and 2004, M. Clair's counsel was provided new additional material relating to an homicide (the "Hoffschneider homicide") occured on the night prior the Rodgers homicide. It was described by a police bulletin as very similar to the Rodgers case. In 2007, it was disclosed that M. Clair had been a suspect in the Hoffschneider homicide and that his DNA had been compared to DNA found at the scene, only to find that it did not match. Another suspect had been actually arrested for the Hoffschneider homicide. That individual later committed suicide (before his extradition to Canada).
Finally, on December 20th, 2007, the state orally disclosed that it had sent certain physical evidence for DNA testing (from the Rodgers homicide) and that the testing was to the effect that other male DNA were on vaginal swabs and a glove found atop the victim that was not from the household; it was not M. Clair's DNA.
For 7 years, the identity of the person whose DNA does match the swab has remained a secret. Recently the death sentence of Kenneth Clair has been commuted to life without option of parole. However, M. Clair wants his name cleared and be exonerated.
In the interest of justice, his investigator calls on the Orange County DA and California state lawmakers to demand that the DNA evidence be turned over to Kenneth Clair’s defense.
5-year-old Jerrod Hessling witnessed the beating, rape, and stabbing death of his babysitter. When asked to describe the killer, he said, without hesitation, that it was a white male. Another child present during the murder saw a white man’s tattooed arm reach inside the house to open a sliding glass door.
Yet, the prosecution alleged the murder was committed by Kenneth Clair, a dark-skinned African-American homeless man at the time who had been squatting next door. in the course of a burglary and was committed during an attempted rape. Kenneth Clair was also charged with burglary and a prior burglary occurred in or about a week earlier on November 7th, 1984.
A key witness presented by the prosecution at trial had undergone brain surgery a week prior to the events to which she testified. Nearly all her friends and family were of the opinion that she could not have accurately recalled the events from November 15, 1984.
In 1987, a jury found M. Clair guilty of murder with the special circumstance of burglary but found the attempted rape not true. On August 6th, 1987, the jury sentenced M. Clair to death.
Some time between 2001 and 2004, M. Clair's counsel was provided new additional material relating to an homicide (the "Hoffschneider homicide") occured on the night prior the Rodgers homicide. It was described by a police bulletin as very similar to the Rodgers case. In 2007, it was disclosed that M. Clair had been a suspect in the Hoffschneider homicide and that his DNA had been compared to DNA found at the scene, only to find that it did not match. Another suspect had been actually arrested for the Hoffschneider homicide. That individual later committed suicide (before his extradition to Canada).
Finally, on December 20th, 2007, the state orally disclosed that it had sent certain physical evidence for DNA testing (from the Rodgers homicide) and that the testing was to the effect that other male DNA were on vaginal swabs and a glove found atop the victim that was not from the household; it was not M. Clair's DNA.
For 7 years, the identity of the person whose DNA does match the swab has remained a secret. Recently the death sentence of Kenneth Clair has been commuted to life without option of parole. However, M. Clair wants his name cleared and be exonerated.
In the interest of justice, his investigator calls on the Orange County DA and California state lawmakers to demand that the DNA evidence be turned over to Kenneth Clair’s defense.
What his investigator CJ Ford says
In 2008, forensic testing revealed that
DNA found on the murder victim did not match Clair’s. DNA taken from a glove found at the scene also did not match. It matches another individual, but the Orange County District Attorney insists that “confidentiality is required” concerning this evidence, and for 7 years now, the identity of the person whose DNA does match the swab has remained a secret.
In the interest of justice, we must call on the Orange County DA and California state lawmakers to demand that the DNA evidence be turned over to Kenneth Clair’s defense.
It is Mr. Clair’s only remaining chance for justice.
Read more
What the prosecution says
Actual innocence , by itself, is simply not enough,
no matter what the strength of the evidence.(...) The United States Supreme Court has yet to rule that a freestanding claim of actual innocence is cognizable in federal habeas, particularly where there remain other avenues, such as executive clemency, for the petitioner to pursue.
(Case: 05 - 99005 -- 05/15/2009 Dkt entry: 6923252)
What the media say
Clair, the subject of a viral social media campaign that has attracted 152,000 supporters, now will serve a sentence of life without parole because of errors made by his defense attorney during his trial, according to court documents obtained by The Orange County Register.
The 9th U.S. Circuit Court of Appeals secretly overturned Clair’s death sentence in March and sealed the records. The three-judge panel, however, upheld Clair’s conviction for the 1984 murder of a Santa Ana nanny and noted conflicting DNA evidence uncovered since his trial.
Read ABC News Article (February 2016)
Thousands call for release of man taken off death row for 1984 Santa Ana murder
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