Judge Rejects Convicted Rapist's Request for Further Testing of Evidence in 1993 Case
June 10, 2006
Anchorage Superior Court Judge Sharon Gleason issued findings on Monday that convicted rapist William Osborne is not entitled to further testing of the evidence in his 1993 case.
Osborne and another man were convicted by an Anchorage jury of rape and felony assault for raping the victim at gunpoint, beating her with an axe handle, shooting her in the head, and leaving her for dead in a snowbank near Earthquake Park.
Osborne admitted his guilt under oath to the parole board, but after they denied him parole he repeated his request for DNA testing of a condom the police found the day after the attack. Osborne speculated that a new test might exonerate him. The Alaska Court of Appeals ruled in 2005 that Osborne's attorney made a justified, tactical decision not to further test the evidence in 1993, fearing that additional testing might solidify the state's evidence against him. Nonetheless, the court of appeals sent the case back to the superior court to allow Osborne another chance to show that the new testing might make a difference. After considering all the evidence, Judge Gleason determined that Osborne failed to meet any of the requirements specified by the court of appeals.
"We are gratified with the judge's thorough review of the evidence, and the thoughtful manner in which she reached this decision," said Assistant Attorney General James Fayette. "Judge Gleason's ruling shows that there was no doubt about Osborne's guilt. We hope the judge's ruling eliminates the victim's fear that she would be re-called to court to testify again about this horrible attack on her life, which occurred so many years ago." For additional information, please contact Assistant Attorney General James Fayette at (907) 269-6263.
- Judge's Decision - LARGE PDF (1.36M)
# # #