Jerry Lee Brock, 55, had been in prison since his conviction for first-degree molestation in 1995. In 2012, the alleged victim, Regina Rush, came forward to say she made the whole thing up, partly as a way to get more attention from her mother.
Last week, Thurston County Superior Court Judge Erik Price ordered a new trial after finding the recantation credible, and on Thursday, he signed an order vacating Brock's conviction. The order stated that Brock "shall no longer remain in the custody of the Washington State Department of Corrections."
"He was all smiles," said Brock's lawyer, public defender Patrick O'Connor. "His brother was there to pick him up and take him home. It was very satisfying to see."
Brock was released with a few conditions, including that he remain in the state, not possess firearms and not use drugs. A new trial was scheduled for February, but it wasn't clear prosecutors would proceed with it, given that the girl's story was the primary evidence against him.
Rush was 11 years old when she accused Brock, a friend of her mother, of molesting her while she was sleeping. She repeated the allegations at trial, and Brock was convicted. He was sentenced to life in prison under the state's "three-strikes" law; he also had convictions for burglary and promoting prostitution.
But in 2012, Rush came forward to say she was haunted by what she had done. In a six-page, typewritten admission, she denied that Brock touched her inappropriately. She said she made up the story because she wanted attention from her mother and because she worried that Brock was a drug user and a bad influence on her mom.
Price held a hearing Nov. 10 to assess Rush's credibility. Now 31 and a mother herself, she testified under oath, detailing that she had previously been taken away from her mother due to her mother's drug use, and she didn't want it to happen again.
"Ms. Rush testified that she realized just how wrong it is to make such serious false accusations," the judge wrote in his order Thursday. "The dishonesty was eating away at her inside and she didn't want to carry that burden any longer. ... She simply wanted to clear her conscience."
Prosecutors argued that Rush may be recanting because she disagreed with the length of Brock's sentence. The judge rejected that, noting that Rush didn't even know Brock was still in prison when she came forward in 2012.
"The Court concludes that Ms. Rush's recantation was not motivated by anything other than her stated desire to tell the truth," Price wrote.
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Man in prison 19 years freed after claim recanted | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News
Last week, Thurston County Superior Court Judge Erik Price ordered a new trial after finding the recantation credible, and on Thursday, he signed an order vacating Brock's conviction. The order stated that Brock "shall no longer remain in the custody of the Washington State Department of Corrections."
"He was all smiles," said Brock's lawyer, public defender Patrick O'Connor. "His brother was there to pick him up and take him home. It was very satisfying to see."
Brock was released with a few conditions, including that he remain in the state, not possess firearms and not use drugs. A new trial was scheduled for February, but it wasn't clear prosecutors would proceed with it, given that the girl's story was the primary evidence against him.
Rush was 11 years old when she accused Brock, a friend of her mother, of molesting her while she was sleeping. She repeated the allegations at trial, and Brock was convicted. He was sentenced to life in prison under the state's "three-strikes" law; he also had convictions for burglary and promoting prostitution.
But in 2012, Rush came forward to say she was haunted by what she had done. In a six-page, typewritten admission, she denied that Brock touched her inappropriately. She said she made up the story because she wanted attention from her mother and because she worried that Brock was a drug user and a bad influence on her mom.
Price held a hearing Nov. 10 to assess Rush's credibility. Now 31 and a mother herself, she testified under oath, detailing that she had previously been taken away from her mother due to her mother's drug use, and she didn't want it to happen again.
"Ms. Rush testified that she realized just how wrong it is to make such serious false accusations," the judge wrote in his order Thursday. "The dishonesty was eating away at her inside and she didn't want to carry that burden any longer. ... She simply wanted to clear her conscience."
Prosecutors argued that Rush may be recanting because she disagreed with the length of Brock's sentence. The judge rejected that, noting that Rush didn't even know Brock was still in prison when she came forward in 2012.
"The Court concludes that Ms. Rush's recantation was not motivated by anything other than her stated desire to tell the truth," Price wrote.
more
Man in prison 19 years freed after claim recanted | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News
