San Diego County, California – The infamous 73-year-old Jane Dorotik will be tasting freedom once again after a judge allowed her to continue fighting her near-20-year-old murder conviction outside of bars due to COVID-19 concerns.
For those completely unaware of who Dorotik is, she was sentenced to 25-years-to-life in prison back in 2001 after being convicted of murdering her then-55-year-old husband in February of 2000.
San Diego Superior Court Judge Harry Elias made the ruling on April 20th, allowing Dorotik to be released on her own recognizance during the period of the pandemic.
Judge Harry Elias orders release of convicted murderer Jane Dorotik, due to virus fears in prison https://t.co/g0NAy8K0eb
— SD Criminal Justice (@SDCrimJustice) April 22, 2020
What makes this situation more unique than most is that Dorotik’s conviction has been the subject of scrutiny for some time. Yet, it’s not because of what she was convicted of, but rather how she was convicted.
Namely, a strange hypothesis by the prosecution, questionable evidence, and investigation tactics employed.
Keep in mind, for every “OJ Simpson” kind of case where an acquittal just doesn’t sit well with folks, there’s always going to be a ying to that yang. Dorotik’s case has some elements that can make one ponder just what happened.
Prosecutors alleged that Dorotik murdered her husband in quite the gruesome fashion on February 12th, 2000 after she’d reported her husband missing and his body was discovered on February 13th.
The prosecution alleged that she bludgeoned his head in with a hammer, and fixed a rope so tightly around his neck that that it caused a ¼ inch incision around his neck inside their bedroom.
This theory presented by the prosecution was pretty intense, considering the only DNA evidence connecting Dorotik’s late husband to being murdered in their bedroom was a small amount of blood.
No skull fragments, brain matter, or the extensive amount of blood that would result from being beaten in the head with a hammer. Just an amount of blood that Dorotik alleged was from a nosebleed her husband had the week before.
Then the prosecution stated that the then-53-year-old Dorotik dragged his body down the stairs, across a 60-foot porch, and then hoisted him inside of a full-size Ford F-250 and dumped his body.
All of the aforementioned would’ve required a formidable amount of strength, not to mention there wasn’t much supporting the narrative other than speculative theory presented during the trial.
Nikki Herst-Cook, a staff attorney for the Loyola Law School’s Project for the Innocent, is working on Dorotik’s case to have the conviction overturned. Cook stated that recently discovered DNA evidence shows there is zero evidence that links Dorotik to being present wherever her husband was murdered.
Another LPI victory!!! Yesterday, a San Diego Superior Court judge ordered the immediate release of LPI’s 73-year-old client, Jane Dorotik, on her own recognizance, due to the danger she faces while confined at the… https://t.co/5gpwmtpeGW
— Loyola Project for the Innocent (@LoyolaInnocent) April 21, 2020
The recent DNA testing of the Dorotik’s husband’s clothing, fingernails and the rope that was said to be one of the weapons used to murder the victim showed no evidence of Dorotik’s DNA, according to Cook:
“I think the DNA evidence that excluded Jane as a contributor may have helped persuade the court that she will likely prevail on her petition, once the court is able to hold a hearing. Despite numerous items of evidence being submitted for DNA testing, there is simply no evidence tying Jane to this crime.”
With her newfound release under the concerns of COVID-19, Dorotik will be living with her sister. She’ll also be adorning an ankle monitor while self- quarantining for two weeks.
My friend Jane Dorotik fought a wrongful conviction for 20 yrs. She was given a new trial based on DNA, false forensics, ignored exculpatory evid, related to her release & @latimes headline is Convicted Killer Freed Due to Coronavirus Fears? DISGUSTED! https://t.co/5Fn3D66Hm6
— (((Claudia Miles❄️))) (@claudiamiles) April 22, 2020
Laurie Levenson described the petition that was filed for the courts in which Judge Elias granted the release:
“We filed an emergency application for release of Ms. Dorotik pending the outcome of her post-conviction proceedings because her advanced age and the conditions inside the prison, where inmates are unable to maintain social distancing, left her at extreme risk of contracting the virus.”
LPI client, 73 year old Jane Dorotik, will be released from prison immediately!! A SD Superior Ct Judge ordered her release while she awaits a hearing on her innocence claim. #freeourelders #wrongfulconviction #letthemgo @LoyolaLawSchool pic.twitter.com/dYYhKvJHzb
— Loyola Project for the Innocent (@LoyolaInnocent) April 21, 2020
Paula Mitchell, who serves as the legal director for Project for the Innocent, stated the following about the judge’s decision:
“We are so relieved and grateful to Judge Elias for granting our request and ordering the release of our client.”
Even though Dorotik is now released, she is still due in court in roughly 30 days for a status hearing on overturning her conviction. Mitchell feels quite confident in the evidence supporting Dorotik’s innocence:
“We have every reason to believe the court will ultimately conclude that she did not receive a fair trial and that she was convicted because the jury relied on significant forensic evidence that was demonstrably false.”
Needless to say, an interesting development that has been introduced via the ongoing pandemic.
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