Judge allows new DNA testing in 1996 Putnam rape case

WINFIELD A judge will allow new DNA testing that could exonerate a Hurricane man whos spent more than 15 years in prison after being convicted of raping his 5-year-old daughter.

Putnam Circuit Judge Joseph Reeder denied a request Wednesday made by Joseph Lavigne Jr. for a new trial, but granted his request to allow testing of various evidence that has either never been DNA tested before or hasnt been tested with current methods. Lavigne is serving a jail sentence of 22 to 60 years.

The evidence includes hairs collected during his daughters examination at a hospital following the February 1996 rape and at a subsequent evaluation at the hospital the following month. It also includes towels and washcloths gathered from Lavignes home and swabs taken as part of a rape kit.

Lavignes daughter, Katie Haught Kelly, has publicly said she doesnt believe he raped her, and the request for DNA testing referenced an affidavit in which she states shes absolutely certain he didnt do it.

Joe has never disputed that someone abducted his daughter while she was sleeping at home and brutally assaulted her, Lavignes request to allow the testing states. He adamantly denies, however, that he was the perpetrator.

The motion also states, if a male DNA profile is found, it can be entered into the nationwide (Combined DNA Index System) database to determine whether it matches any of the more than 10 million convicted felons profiles presently contained in the database as well as unsolved sexual assault cases and other crimes.

This database wasnt available until after a jury found Lavigne guilty in 1996. The request also says the DNA evidence can be compared to that of two previous suspects in the case.

The national nonprofit Innocence Project, which is dedicated to helping prisoners who could be proven innocent by DNA testing, is aiding Lavignes case. Valena Beety, director of the West Virginia Innocence Project, a legal clinic of West Virginia Universitys College of Law, said that if the DNA testing is favorable to Lavigne, and points to a different perpetrator, there would be various methods of setting Lavigne free. She didnt know how long the testing would take.

Reeders order followed Prosecuting Attorney Mark Sorsaias announcement at the hearing that he had reversed his decision to oppose the testing. He had written a letter to Lavignes attorneys opposing the testing, but said he later realized that the state statute Lavigne had cited allows it.

I grudgingly conceded because they did have the law on their side, so I had to follow the law, Sorsaia said. But its frustrating because I think when someone has their day in court and they get a fair shake, its time to move on.

Read more here:
Judge allows new DNA testing in 1996 Putnam rape case