There will be no special prosecutor for a man charged with kidnapping and accused of sexually assaulting a woman in 1988.
The wrong man spent 18 years in jail, convicted of sexually assaulting a woman on Charter Oak Avenue in Hartford. James Tillman was charged with the crime after the victim identified him as the rapist. Tillman and Foster have similar facial features, height and build.
He spent 18 years in prison before DNA evidence exonerated him, thanks to lawyers from the Innocence Project taking on the case.
Monday, the lawyer for Duane Foster, 47, asked for a special prosecutor to hear the case against his client. He argued that the state could not objectively try his client. His request was denied.
Authorities say new DNA evidence will prove that Foster is the man responsible. In 2008, authorities said Foster’s DNA matches DNA from the rape case.
Because of the statute of limitations on rape, Foster has been charged only with kidnapping.
Foster is due back in court Feb. 18 and the defense will decide whether to proceed with the trial on schedule for March 9 or request a continuance.