A Las Vegas judge noted this week that he had “real concerns” concerning why a man has been in prison for 6 years without conviction.
Warren McClinton faces three counts of sexual assault with a minor younger than 16, three counts of open or gross lewdness and one count of battery with intent to commit sexual assault. These charges stem from allegations made against him in August of 2008 – but in 2009, a grand jury refused to convict him of the sexual assault.
The reason? DNA from two other men was found on the victim’s bedsheets, according to the Las Vegas Review-Journal.
McClinton has fired nine different lawyers who represented his case, which is why he has been so delayed getting before a jury. He has tried to get the DNA evidence admitted, but prosecutors point to rape shield laws that prevent defendants from giving evidence that would point to a victim’s sexual history.
In addition to the problems McClinton has had defending himself, prosecutors say he is a “flight risk” because he uses multiple aliases, four Social Security numbers and three dates of birth.
He has also missed several court dates.
Now, District Judge Eric Johnson is looking at re-setting bail for McClinton so that he can stay out of jail while his case is being decided. It’s currently set at $130,000.
“McClinton has every incentive to remain in the jurisdiction,” Ozzie Fumo, McClinton’s current attorney, wrote. “He looks forward to defending himself. A bail over $10,000 for a case with this history is tantamount to punishment prior to conviction.”