Jepheth Eglin Barnes v. Spartnburg County Sheriff's Office, et al.

Spartanburg, South Carolina personal injury lawyers represented Plaintiff, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming her was wrongfully convicted of rape and incarcerated to 9 years.



In 1995, a bank foreclosed on Jepheth Barnes' home due to his wife's

secret gambling problems and resulting nonpayment of their mortgage. 99

Consequently, Barnes "separated ... from his wife and her two children

from a previous marriage . ... 100 Two days later, his wife's eleven-year-old

daughter alleged and later testified that Barnes raped her. 101

The examining doctor that prepared the rape kit testified that although

sperm was present, its lack of motility indicated that the rape had not

occurred within the last two days as the girl claimed.102 A South Carolina

Law Enforcement (SLED) analyst-relying on an incomplete DNA

profile-testified that there was enough evidence to suggest that Barnes

could have been the perpetrator, though she "could not estimate the

statistical probability that the sperm came from Barnes."1 03

Despite maintaining his innocence and the examining doctor's

testimony, a "jury convicted [Barnes] of criminal sexual conduct with a

minor and ... sentenced [him] to [sixteen] years in prison."1 04 In 2002, a

new DNA analysis of the rape kit revealed that the sperm belonged to the

victim's brother and not Barnes.

06/19/2007 81  ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Judge Henry M Herlong Jr on 6/19/07. (awil) (Entered: 06/19/2007)

06/19/2007 82  SUMMARY JUDGMENT in favor of Spartanburg County Sheriff's Office, South Carolina Law Enforcement Division and Lilly Gallman. (awil) (Entered: 06/19/2007)

06/19/2007   ***DOCUMENT MAILED 82 Summary Judgment, 81 Order Dismissing Case(60 Day Settlement Order) placed in U.S. Mail to Rodman Tullis (awil) (Entered: 06/19/2007)