
Wednesday, April 25, 2007
Man's release after DNA exoneration delayed more than 2
years
By The Associated Press
INDIANAPOLIS | A man who languished in prison for more than two years
after DNA results cleared him of a rape wants an explanation for the
paperwork error that kept him behind bars.
Harold Buntin, 38, walked out of prison Friday after 13 years of
incarceration for a 1984 rape he did not commit. His release came more
than two years after DNA cleared him of that crime.
Although he's elated to finally be free, Buntin said he remains upset
and frustrated that misplaced paperwork delayed his release for so
long.
"I'm going to move on and take care of my business," he told The
Indianapolis Star for a story Tuesday. "But I feel like somebody has to
answer for that. I never should have been in jail -- and I spent two
more years there after they knew I was innocent."
The Marion County prosecutor agreed to drop all charges against Buntin
based on the DNA test results, said Matthew Symons, the prosecutor's
spokesman.
At the time Buntin was convicted, DNA testing was not widely used.
Prosecutors linked him to the victim because of her testimony and the
fact that he had the same blood type as the rapist.
Buntin's mother and two sisters raised more than $4,000 to pay for two
DNA analyses -- both of which concluded that he wasn't the person who
robbed and raped a 22-year-old clerk at an Indianapolis cleaners in
1984.
In April 2005, a judge exonerated Buntin based on the test results, but
the rest of the justice system didn't find out about the decision for
two more years. Court officials found that a bailiff or clerk failed to
properly enter and distribute the order clearing Buntin.
Because no order was sent to him or his attorney, Buntin remained
imprisoned for two more years. The error was only discovered after
Buntin and relatives pressed his attorney to file a "lazy judge"
complaint because of the delay in the ruling.
Court officials eventually found the judge's original order in Buntin's
court file, which had been placed in storage.
Buntin is now one of about 200 convicts in the United States exonerated
by DNA evidence since 1989, according to The Innocence Project, an
independent nonprofit organization works to free innocent people
through use of DNA evidence.
The rape allegation has haunted Buntin since he was 15 and identified
by the victim.
Police believed the woman, who previously identified another man, and
Buntin was charged with rape and armed robbery. His case went to trial
in April 1986 but Buntin, then 17 and scared, fled the state before the
trial ended.
Convicted in absentia of rape and robbery, he was sentenced him to 50
years in prison. He began serving that sentence in 1994 after he was
arrested in Florida on an unrelated charge.
Now that he's out, Buntin said he's not sure what the future holds for
him.
"I still haven't gotten used to it yet," he said.
Buntin's release has brought mixed emotions for his family.
"I'm happy he's finally home, but I'm mad he had to go through all of
this to prove his innocence," said his sister, Kim Buntin.
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