Man charged with rape after DNA testing wants case dismissed - Spokane, North Idaho News & Weather KHQ.com

Man charged with rape after DNA testing wants case dismissed

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Courtesy Montana Department of Corrections Courtesy Montana Department of Corrections
BOZEMAN, Mont. -

(AP) - A man charged with raping an 8-year-old girl after DNA evidence linked him to the 1987 case wants the charge dismissed, arguing the statute of limitations had run out.
  
Ronald Dwight Tipton argues a 2007 law that allows the prosecution of sexual assault cases within a year of a conclusive DNA match is unconstitutional.
  
A state judge rejected his motion to dismiss and the Montana Supreme Court heard oral arguments Wednesday.
  
The Bozeman Daily Chronicle reports attorney Robert Stephens told justices "the proof of guilt is overwhelming," but argued his client's constitutional rights shouldn't be violated.
  
The state argues the law that allows for prosecution of sexual assault cases after the statute of limitations has otherwise expired recognizes the power of DNA evidence.
  
The justices took the case under advisement.
  
___
  
Information from: Bozeman Daily Chronicle, http://www.bozemandailychronicle.com

(Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

4/19/2018 2:53:31 PM (GMT -7:00)

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