KUSA - The victim who accused a man who has since been exonerated of brutally raping her has requested to be heard by the court before that man is paid nearly $2 million for being wrongfully incarcerated.
The motion was filed in Denver District Court Friday by Stan Garnett, on the behalf of his client, who is the victim in the Moses-EL case.
Clarence Moses-EL was accused of raping and beating a neighbor in 1987.
According to the motion, the victim claims her attacker hid inside her apartment and then assaulted her.
She also claims, in the motion, that she "knows to this day" that Moses-EL was that assailant.
He spent 28 years in prison for the crime.
He maintained his innocence for almost three decades, an effort that was hindered when Denver Police said they destroyed DNA evidence related to the case.
A judge overturned Moses-EL’s initial sentence after another inmate, who was convicted of two other sexual assaults, testified that he had consensual sex with the victim the night Moses-El was accused of the violent crime.
A jury found Moses-EL not guilty during a retrial in 2016.
Moses-EL filed a claim for $1.9 million in compensation under Colorado's Exoneration Act. The law provides $70,000 for each year a person is wrongfully held.
On Tuesday, Attorney General Phil Weiser announced that he would not fight that claim.
The motion filed Tuesday requests that a written statement from the victim be considered by the court before a final decision in that case is made.
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