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Prosecutor: DNA clears man imprisoned since ’02 for rape

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CLEVELAND (AP) — Prosecutors in Cleveland say newly tested DNA evidence appears to clear a man in prison since 2002 on rape and kidnapping charges.

Cleveland.com reports Cuyahoga County prosecutors have filed a motion saying it won’t oppose the Ohio Innocence Project’s efforts to vacate 41-year-old Christopher Miller’s conviction. A hearing is Thursday.

Miller received 40 years for a 2001 attack of a woman in Cleveland Heights. He was arrested after police found him with the woman’s cellphone. Miller said he exchanged drugs for the phone. The woman identified Miller as one of two attackers.

Updated testing found DNA from two men convicted of a similar rape and kidnapping but none from Miller.

The Innocence Project discovered police reports that Miller’s attorney never received noting inconsistencies in the woman’s identification of him.

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Information from: cleveland.com, http://www.cleveland.com

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