x
Breaking News
More () »

Accuser of man who was exonerated asks court to hear her statement before paying him $1.9 million

Clarence Moses-EL was found not guilty during a retrial in 2016. He had spent 28 years and five months in prison.

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.

RELATED: Denver DA to retry man freed after 28 years in prison

RELATED: Man ‘not angry' after 28 years in prison for crime he didn't commit

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.

Clarence Moses-El walks out of the Denver Jail after spending 28 years behind bars for a rape he says he didn't commit.

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.

RELATED: Colorado won't oppose man's $1.9 million exoneration 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.

SUGGESTED VIDEOS | Investigations from 9Wants to Know

Before You Leave, Check This Out