The State of South Carolina v. Jepheth Elgin Barnes

Spartanburg, South Carolina criminal law lawyer represented Defendant charged with sexual abuse of a child.



Jepheth Barnes, age 51, was accused of raping his 13-year-old stepdaughter.



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.



Defendant separated himself from his wife and stepchildren when he discovered that his wife had gambled away his assets and had not paid their bills.



Two days later, is stepdaughter accused his of raping her.



Defendant pled not guilty.





A DNA analyst from the South Carolina Law Enforcement Division testified that she could not develop a complete DNA profile from the sperm but that there was sufficient information from the DNA testing to include Barnes as a possible source of the sperm. The analyst also said that she could not estimate the statistical probability that the sperm came from Barnes because she was unable to obtain a full DNA profile.

Defendant as found innocent and was sentenced to 16 years in prison.



Barnes was subsequently exonerated when the prosecution dismissed the case in 2003.