From Tampa, Florida, the Associated Press reports on the case of Rudolph Holton: "A man who was freed from death row in 2003 after being cleared by DNA evidence was sentenced to 20 years in prison for choking his wife." Holton has a space on the DPIC's notorious "innocence list."
But was he really "cleared by DNA evidence"? The DNA test in question merely showed that one item of evidence, a hair on the victim's body, was hers and not his. Circumstantial cases are often built up of many items of evidence, each of which is neither necessary nor sufficient by itself to prove guilt. "A brick is not a wall." See Note to FRE 401. According to Gov. Jeb Bush, this is just one more case where a new trial was ordered many years after the first one, and the prosecution could no longer make the case beyond a reasonable doubt. Yet it is reported in terms that would lead the general public to believe it was a case of clear proof he was actually innocent, continuing to build the myth.
Holton's attempted murder of his wife was not his first physical attack on her. In 2003, the same year he was released, the story says, "he was arrested for punching his wife and striking her several times with a golf club. She ended up in the hospital and he went to prison for 14 months." Altogether, he had 11 prior felonies. Twelve strikes and you're out?
Whose fault is all this? His wife's, of course. "'I married the wrong lady,' he said." Yeah, right.