Borrowed from the Innocence Project website:
(DALLAS, TX; October 19, 2007) – At a hearing this morning in Dallas, Judge Lana Myers set another hearing for next Friday (October 26) to determine bail for Clay Chabot. The Innocence Project, which represents Chabot, and the Dallas County District Attorney’s office agree that Chabot’s 1986 murder conviction should be vacated because of DNA test results pointing to the actual perpetrator. At today’s hearing, Judge Myers approved vacating Chabot’s conviction (which now goes to the Court of Criminal Appeals, which is the entity with the authority to vacate convictions in Texas). Details of the case are available here, in a press release on the case issued yesterday. At this morning’s hearing, the Dallas County District Attorney’s office indicated that it may attempt to retry Chabot for the crime, despite the clear DNA evidence.
Following is a statement from Innocence Project Staff Attorney Vanessa Potkin, who argued on behalf of Chabot this morning and will appear in court at next Friday’s hearing:
“If the District Attorney’s office intends to retry Clay Chabot, it’s going to be an extremely short trial because there is not one shred of evidence connecting him to this crime. Clay Chabot was convicted based on Jerry Pabst’s testimony, and the DNA results don’t just prove that Pabst lied to hide his own guilt – the DNA also shows that Chabot did not commit this crime.”
Some DAs just don't know when to give up.