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OK Man Plans to Sue for Wrongful Arrest After Being Cleared by DNA Evidence in Rape Case

An Oklahoma man was arrested and held in jail for 84 days before DNA evidence cleared him in the rape of his then-girlfriend’s 4-year-old daughter, and he now plans to sue the Creek County Sheriff’s Office for wrongful arrest and detention, which he claims was the result of negligence on the part of the investigators …

An Oklahoma man was arrested and held in jail for 84 days before DNA evidence cleared him in the rape of his then-girlfriend’s 4-year-old daughter, and he now plans to sue the Creek County Sheriff’s Office for wrongful arrest and detention, which he claims was the result of negligence on the part of the investigators involved in the case. If you believe you have been wrongfully arrested for a sex crime or another criminal offense in Oklahoma, your first course of action should be to contact our criminal defense attorneys at Oklahoma Legal Center. Our law firm is located in Oklahoma City, and our lawyers have years of experience protecting the legal rights of accused individuals throughout Oklahoma. With our attorneys on your side, you may be able to have your charges reduced to a lesser offense, or possibly even dismissed altogether.

Investigators Fail to Order DNA Test

Tommy Braden was arrested shortly after the rape took place on April 6, 2012, and was not released until a defense lawyer got a judge to approve a DNA test, which cleared him on July 3. Braden’s defense attorney argues that investigators should have looked into who was living next to the rape victim at the time of the assault, and should have pursued DNA testing immediately. “From day one [Braden’s] begging them to do a DNA test,” said Braden’s defense attorney. “They said they weren’t going to do that because it was a waste of taxpayer’s dollars.” Court records show that the rape of the 4-year-old girl took place in the middle of the night while the family was sleeping, and that it was Braden who found the girl the next morning and called 911. According to investigators, the victim identified Braden as her attacker, but Braden’s attorney argues that the little girl made that statement after more than an hour of interrogation.

DNA Test Implicates Convicted Felon

Once investigators finally conducted a DNA test, the results of the test implicated not Braden, but a man named Patrick Edward Misner, who is a convicted felon and who lived in the same mobile home park as the victim at the time of the sexual assault. Following the rape crime, Misner moved to Oregon and was arrested on unrelated charges. He was eventually brought back to Creek County, where he is being held on a $750,000 bond on charges of rape, burglary and lewd molestation. “Three months later – after [Braden’s] life’s gone to hell – the results he’s been asking them to do comes up that he’s not the guy,” said Braden’s lawyer. “Why wouldn’t you do a DNA test? Even if it was him, why not do a test and confirm it? Why take three months?”

Consult Our Criminal Defense Attorneys Today

Being convicted of a crime in Oklahoma – particularly a sex crime – can have long-lasting consequences for the convicted individual and his or her family. Under Oklahoma law, convicted sex offenders are subjected to stringent restrictions that prevent them from living, working or even walking within a certain distance of schools, playgrounds, child care centers and parks. In addition to jail time and other penalties resulting from a criminal conviction, being forced to register as a sex offender with the state can affect the rest of the offender’s life. If you are facing charges for a serious crime in Oklahoma, consult our criminal defense lawyers at Oklahoma Legal Center as soon as possible. With the help of our reputable attorneys, you can ensure that your legal rights are protected and build a strong defense in your case.

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