Man cleared by DNA after 13 years in prison

CLEVELAND – Prosecutors won't challenge DNA genetic evidence that has cleared a man convicted of rape who has spent 13 years in prison.

"It's a classic conflict between a victim who made a positive (identification) of her attacker and scientific evidence that says it's probably not him," said Carmen Marino, assistant Cuyahoga County prosecutor.

DNA tests of a soiled washcloth used by the attacker to clean up and found at the crime scene didn't match the DNA of Anthony Michael Green, 35, of Cleveland.

The tests were obtained by Barry Scheck and the Innocence Project at Cardozo Law School in New York City. The nonprofit organization uses DNA evidence to free people who have been convicted wrongfully.

Green was convicted of raping a nurse who was being treated for liver cancer at the Cleveland Clinic. She died after testifying at Green's trial that he was her attacker.

Green, a former employee at the research hospital, was sentenced to 20 to 50 years in prison.

Common Pleas Judge Anthony O. Calabrese Jr. scheduled a hearing for Sept. 27, after which he could free Green. Calabrese also could order a new trial.