The state responded last month, saying the DNA argument was speculative because there was so little DNA - so-called trace DNA - available for testing. Three months ago, in June, Epps’ lawyers asked again for a finding that their client was wrongfully convicted. (It also didn’t come from J.G.’s ex-boyfriend.) A year later, testing done on a hair sample taken from J.G.’s bedspread showed it came from a black person who was not Epps, Warren, or the ex-boyfriend. In 2014, new results showed conclusively the presence of sperm from someone other than either Epps or Warren. At the same time, his lawyers asked for even more sophisticated testing, which the courts granted. Either way, it threw the state’s theory into question: If two men had raped J.G., defense attorneys said there now was doubt about Warren and Epps’ convictions.Įpps filed court papers arguing the testing exonerated him. Some of it was simply too small a sample to be definitively compared to Epps' DNA. Some of the material clearly was not his. But it was a bit more ambiguous when it came to Epps. put on right after the rape came from at least one other man. Results revealed that sperm recovered from the crotch of the jeans J.G. In 2013, however, after Warren died, the results of advanced DNA testing changed the dynamic of the case.
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And there they sat for 17 years, as their various claims for relief were denied by state and federal judges. But it didn’t take long for jurors to convict them. The men denied involvement and both had offered alibis. He told jurors in the Warren case that Warren bragged about the rape he told jurors in the Epps case that Epps had bragged. He told jurors he had seen Epps and Warren running from J.G.’s apartment an hour after they would have done so. Other witnesses said it had been pouring. Brazell came to the case with credibility problems - four prior felony convictions and a dozen misdemeanor convictions - and his testimony was inconsistent.īrazell told jurors it was not raining the night J.G. Without any physical evidence linking either man to the crime, prosecutors also relied heavily on the testimony of Brazell, who told jurors that he did not take the reward money but came forward because he believed the attack was wrong. had not been sexually active for at least eight months before she was raped.
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Crucially, prosecutors in each trial argued that both defendants had raped J.G. She told jurors that she had jumped to the conclusion that the men were in their early 20s under pressure from police to come up with a quick description. At both trials, prosecutors relied on J.G.’s identification. identified Epps and Warren from a lineup - after J.G.’s ex told her that Epps and Warren were her rapists - and the men were promptly charged with rape and tried separately.
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Epps and Warren, who lived near the victim, became prime suspects. One man, Ernest Brazell, said he had seen Epps and Warren running from the crime scene and overheard them bragging to each other about the rape. J.G.’s ex-boyfriend was a mailman, and as he went about his route, he began offering a reward for information about the assault. At the time, there was some DNA evidence but it was not deemed worthy of testing with the available technology. The police found no fingerprints in her apartment other than the victim’s. Two men, 28 and 31 years old, were immediately apprehended by the police and brought before J.G. J.G., who is white, told the police that she believed her rapists were two black males in their mid-20s.
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When an officer showed up, the attackers fled out a window. Neighbors who heard her screams called police. Two men had broken into her apartment where she lived with her young daughter. Listen to "Case in Point" on The Takeaway.Įpps and Warren were accused in February 1996 of raping a Norfolk, Va., woman identified in court records only as J.G.