Criminal Defense Attorney - Murder Charge Overturned

On September 30, 1979, 20-year-old D. Green was nine months pregnant and living in an apartment in Tustin with her husband.  At 2:15 a.m., a law enforcement officer responded to a call from the apartment and was met outside by the husband, who appeared to be in a state of shock and said his wife had been injured.  D. was in the bedroom, unconscious and lying on the bed nude with her legs spread apart.  She was having difficulty breathing and was bleeding from a two-inch hole in the middle of her forehead, as well as from her ear and nose.  There was blood on the bed and floor, and blood spatter on the wall behind the bed.  The wound to her head was so deep it exposed brain tissue and was so pronounced the officer initially believed she had been shot.  D. was transported to the hospital.  Several hours later her unborn fetus, Chantal, ceased to have vital signs and was delivered stillborn. 

Her husband was convicted of the second degree murder of Chantal and of attempting to murder his wife and assaulting her with force likely to cause great bodily injury.  He was committed to prison in November 1980 for a term of 15 years to life.  Subsequent testing of the sperm on the vaginal swab from D.’s rape kit taken revealed a DNA profile that matched defendant’s (Gerald parker, a known serial killer) .  In June 1996, D.’s husband was released from custody after an Orange County Superior Court judge set aside his convictions and dismissed the case against him. 

When interrogated, defendant admitted he was the one who attacked D.. D., who was noticeably pregnant, was lying on the bed in the bedroom.  Defendant rushed toward her and hit her in the head with a board he had picked up outside the apartment.  After knocking her unconscious, he raped her and ejaculated inside her.

The Santa Rosa criminal defense lawyers at Adams Fietz offer Free Consultations for those accused of any crime.