DNA test clears man of rape; prosecutor agrees to throw out his conviction

Although he had already been released from prison, Dion Harrell wanted his name cleared and wanted to be released from Megan's Law requirements

FREEHOLD -- DNA tests have cleared a Long Branch man who served four years in prison for a rape he insisted he did not commit.

Dion Harrell has spent 27 years trying to clear his name, and now with the results of the DNA test, the Monmouth County Prosecutor's Office will move to have his conviction thrown out, acting Monmouth County Prosecutor Christopher Gramiccioni said on Friday.

Harrell, now 49, was 22 when a 17-year-old girl accused him of sexually assaulting her in a dark parking lot off Broadway in Long Branch on Sept. 18, 1988, after she left work at McDonald's. The victim claimed he dragged her into the empty lot and sexually assaulted her before he stole her purse.

The victim told police at the time that she did not know her attacker. Three days after the assault, she identified Harrell as her assailant after she saw him in the area. She told authorities she had seen him previously in the fast-food restaurant.

At the time of his 1992 trial, investigators had what was known as blood typing of evidence, which indicated whether a suspect's blood type would have included him in a pool of people who could have committed the crime. Harrell's blood type put him in that large population.

Prosecutor OKs DNA test, as man convicted of raping teen tries to prove innocence

With that evidence and the victim's identification of him, Harrell was convicted of sexual assault and was sentenced in 1992 to eight years in prison. He was released after serving four years of his term.

Since his conviction, DNA testing became a more accurate indicator of a suspect's involvement in a sexual assault and other crimes.

And although Harrell had already been released from prison, he wanted to clear his name and be released from the lifetime reporting requirements of Megan's Law.

The New York-based Innocence Project took up his cause and argued for the prosecutor's office to allow the new testing. Gramiccioni's Office initially fought the effort but finally relented two weeks before a Superior Court judge earlier this year was expected to rule on the request.

Gramiccioni said his office would work with the Innocence Project to throw out Harrell's conviction.

"This is wonderful news for Mr. Harrell and his family. Our goal as prosecutors is to see that justice is done," Gramiccioni said. "Mr. Harrell's 1992 conviction was based upon the best evidence available at that time. Advancements in science have now provided evidence of Mr. Harrell's innocence, and our duty to act is clear. Today, modern DNA technology has provided justice." MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.