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Friday Feb 27, 2009 at 5:29 PM

For bisected his life, Billy Joe Holton has been confined a activity bastille book for raping a Jacksonville woman in her home in 1986.Now DNA tests appearance he’s innocent, said attorneys for the aforementioned nonprofit close that has helped chargeless seven added Florida prisoners.The Innocence Activity of Florida asked a adjudicator aftermost week  to abandon Holton’s confidence and book based on three ogous berry stains begin on a absolute that covered the victim during the attack. The accompaniment agreed in 2003 to acquiesce testing of the stains and the results, accustomed about a year ago, showed no bout to Holton, 42.“We feel absolutely acceptable about these results, and we anticipate they are conspicuously clear,” said Seth Miller,  the group’s controlling director. He is alive with Jacksonville advocate Bill Sheppard  to chargeless Holton.Prosecutors are reviewing the case and aren’t accessible to accept annihilation yet. The absence of Holton’s DNA on the absolute doesn’t automatically bright him, Assistant Accompaniment Advocate Alan Mizrahi  said.But if the DNA doesn’t bout Holton’s co-defendant, whose affidavit put Holton away, again “we’ve got a above issue,” Mizrahi said.“If it’s not his, again based on my abrupt assay of the file, I anticipate they ability be right,” he said. “If the guy’s innocent, he should go free.”The woman was again raped by two men who bankrupt into her Springfield home. They took turns captivation her 7-year-old son. Back they left, they told her to break beneath the floral absolute they’d acclimated to awning her, Miller said. Eventually she and the boy fled to a neighbor’s and alleged police. The woman has back died, and her son now lives out of state.Miller said the victim told badge she hadn’t had in six months and consistently done her bedclothes, so the stains are believed to accept appear from the rape.Holton was walking in the adjacency the aforementioned morning. He said he was en avenue to a adjacent bakery to borrow a friend’s car. Miller said the victim told badge she couldn’t yze her attackers, but her son said Holton wasn’t one of the assailants. The boy after testified for the aegis at Holton’s trial.The case went algid until a year after back a bastille adviser came advanced and active Holton and Tim Smith,  now 40.  The victim best Holton out of a lineup. The record’s cryptic if she best Smith, too, but both were answerable with animal battery, kidnapping, armed robbery, break-in and aggravated assault.Just afore trial, Smith accustomed a accord to affirm adjoin Holton. He pleaded accusable to break-in and got a time-served sentence, cloister annal show. Holton, who had ahead been to bastille for break-in and admirable theft, was bedevilled of all counts and bedevilled to life.In 2005 the absolute was activated by the Florida Department of Law Enforcement. Its tests yielded no results, so a additional acceding was accomplished in 2007 to ysis the absolute at a clandestine lab, paid for by the Innocence Activity of Florida. Those tests showed the three agent samples on the absolute all appeared to arise from the aforementioned man and definitively afar Holton as the donor.Miller said it took a year to book the motion to abandon because the Innocence Activity did added ysis into the case to accomplish abiding it was on solid acknowledged ground. The activity has been complex with seven of the 10 added Florida prisoners freed because of DNA back 2003. They accommodate Chad Heins,  who had been confined back 1994 for murdering his sister-in-law in Mayport until new tests sprung him in 2007.Mizrahi said he will now conduct his own ysis that will accommodate award and interviewing Smith and comparing his DNA to the alien samples. That could booty some time, he said.Miller declared Holton as carefully optimistic about the results.“Most of these guys in this position, they apprehend we accept a continued way to go and it isn’t over until the adjudicator says it’s over,” Miller [email protected],(904) 359-4107

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