More than four decades after he was convicted of sexual assault in Ventura County, a man’s claims he was innocent have been proven, and his conviction vacated.
In 1982, a woman was sexually assaulted in eastern Ventura County, just outside of Simi Valley.
Richard Luna was arrested for the attack. Despite his contention that he was innocent, in 198,3 a Ventura County jury convicted him. He was sentenced to six years in state prison.
Using the latest DNA technology, the victim’s sexual assault kit was tested as part of a review of a number of untested kits. It definitively showed that Luna was not the man responsible for the assault.
The District Attorney’s office notified Luna, the crime victim, and the Ventura County Public Defender’s office about the findings. In a court proceeding, a judge vacated the conviction and found the now 69-year-old factually innocent. He no longer lives in the area.
The DNA linked the crime to another man, but because the statute of limitations had expired, he couldn’t be prosecuted.
"While we can't undo the past, we can use the power of DNA technology to exonerate the wrongfully convicted," said Ventura County District Attorney Eric Nasarenko.
The DA's office reports that nearly two test kits in other cases have shown the right person was convicted. Officials say this is the first time the program has uncovered someone who was wrongly convicted.
