- Associated Press - Friday, October 10, 2014

WILLIAMSBURG, Va. (AP) - A jury on Thursday found a man guilty in a 1978 rape case in which a Charles City area man was convicted and later exonerated.

According to the Richmond Times-Dispatch (https://bit.ly/1yRfSsw ), a Williamsburg Circuit Court jury found 58-year-old James Moses Glass Jr. guilty Thursday of rape, abduction with intent to defile and two firearms charges. He was charged in the attack on a College of William and Mary student at an off-campus apartment in Williamsburg.

The jury recommended a sentence of life in prison plus 42 years.

Bennett Barbour was wrongfully convicted and served 4 ½ years in prison. The Virginia Supreme Court exonerated him in 2012 in the case after tests conducted in 2010 on material from the case didn’t find Barbour’s DNA. He died of cancer last year.

.”I know that this case is old. But justice delayed does not have to be justice denied,” Williamsburg Commonwealth’s Attorney Nate Green told the jury in closing arguments at the Glass trial. “The commonwealth is seeking justice by righting a wrong that was done more than 30 years ago.”

The testing was part of the Virginia Department of Forensic Science’s massive post-conviction DNA project aimed at identifying people who may have been wrongly convicted of crimes.

Shelley Edler, with the forensic science department, testified Thursday that the only DNA profiles identified in evidence from the Feb. 7, 1978, rape belonged to the victim and Glass.

Arthur Young, a forensics expert, testified as a defense witness that he would have liked to have seen more data before saying the results were “conclusive.”

The victim testified she was raped at gunpoint at her boyfriend’s apartment by a man who threatened to kill her. The description of her assailant and a police sketch of the suspect she helped produce did not resemble Glass. Glass and Barbour, a slightly built man, did not resemble each other.

She was unable to identify Glass as the rapist Wednesday when asked by defense lawyer Ashton Wray if his client was the attacker.


Information from: Richmond Times-Dispatch, https://www.timesdispatch.com

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