Wrongfully Convicted Man’s Family Forced to Live 28 Years Without Him; Denver DA responds

The Colorado Independent editor Susan Greene joins First Take to talk about her story featuring the family of a wrongfully convicted man who was recently released.

(Post updated Jan. 4, 2016) 

The Colorado Independent editor Susan Greene joined First Take with Lando and Chavis to talk about her story featuring the family of Clarence Moses-EL, a wrongfully convicted man who was recently released. 

Moses-EL was sentenced to 48 years in prison for the rape and assault of a neighbor. He was found guilty mainly on the evidence that “his identity as her attacker came to her in a dream” as Greene reports.  

After serving 28 years, a fellow inmate admitted to the crime and Moses-EL was released. 

During those nearly three decades, his children were forced to grow up without a father and their children without their grandfather. 

“It tore them up emotionally,” Greene said. 

Listen to the full interview above to learn how Moses-EL is spending his time now that he is no longer behind bars and the systematic failures that Greene argues led to his conviction. 

DENVER DISTRICT ATTORNEY RESPONDS (following is a written response from the DA’s office):

The Denver District Attorney is currently reviewing the Court’s decision to grant a new trial to Clarence Moses El.  Because there is a possibility that this case will be set for a new trial, the District Attorney must follow the Rules of Professional Conduct which require that he refrain from talking about the facts of the case.

However, the District Attorney believes it is important for people to have some of the information that has come from the public court hearings and the public record.

All of the evidence, including the explanation of the victim’s reference to a dream, was presented to 12 Denver jurors who convicted Clarence Moses El.

The victim knew Clarence Moses El because he was her neighbor and she was able to recognize him during the attack.  Those who now argue that he was convicted based solely on a dream are either unaware of the complete facts or disregard them.  The victim was severely beaten, suffered multiple facial fractures, and was in a coma.  It took some time after the attack before the victim was able to give her statement.  She testified during the trial and was cross-examined at length. The jury believed her testimony that she was attacked and raped by Clarence Moses El. 

What was presented as new evidence, resulting in the Court’s decision to grant a new trial, was a confession that was not true and was retracted.

The “new” evidence in this case was a “confession” by a mutual acquaintance of the victim and Moses El, a man named LC Jackson. When he made his “confession,” his new claims were investigated.  LC claimed that he had consensual sex with the victim.  But his new details about having sex with her were implausible and not consistent with the brutal beating that resulted in the serious injuries she suffered.  LC Jackson is serving prison time for two convictions for sexual assault.  In his statement to the District Attorney’s investigator, he admitted he had lied and had made the confession up.  He said he had been told by the Innocence Project that he couldn’t be charged in the matter because of the statute of limitations, so he felt he could tell a few lies to help out Moses El.

Clarence Moses El has had the full benefit of every aspect of the criminal justice system including multiple appeals.  Every claim and request for reconsideration has been fully litigated by the court system.

It is unfortunate that some published reports have selectively reported and misrepresented the facts of this case. This has done a disservice to the truth of this case, to the victim of this horrible crime, and to the criminal justice system.  Nevertheless, the decision whether or not to re-try Clarence Moses El will not be made based on public opinion or public pressure.  That decision will be made following a complete review of the Court’s ruling and a meeting with the victim.