Court grants ex-49er Dana Stubblefield's release from prison after rape conviction overturned
SAN JOSE, Calif. (KGO) -- The release of former 49er Dana Stubblefield was ordered by a Santa Clara County judge Friday.
It comes after an appellate court overturned Stubblefield's rape conviction late last December.
Stubblefield was at the courthouse Friday in from Corcoran State Prison, but he did not enter the courtroom, because his attorneys were upset that he was not allowed to wear civilian clothes.
Those attorneys who have been fighting for his release since the appellate court made its decision are praising the move.
The Santa Clara County DA's Office said justice has been interrupted.
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"It's a significant step for him to be home with his family tonight, where he should be, where he should have been the whole time," said Allen Sawyer, Stubblefield's defense attorney.
The former 49er was initially sentenced to 15-years-to-life in prison in the case.
He was found guilty of raping a woman under threat of a gun after inviting her to his home to interview for a babysitting job in 2015.
His defense team says the judge blocked key evidence from being admitted, including the accuser's confession that she was a paid sex worker.
"This was the most infected trial I've ever seen," Sawyer said.
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Stubblefield said the interaction with the accuser was a paid consensual transaction.
He was convicted in 2020. A year later, California's Racial Justice Act took effect.
The law bars prosecutors from seeking a conviction on the basis of race, ethnicity and national origin.
The appellate court ruled that the prosecution violated the act when it said in its closing argument that it didn't search Stubblefield's home for a gun over concerns it would open up "a storm of controversy" amid civil unrest at the time over the police killing of George Floyd.
"When there were references to Mr. Stubblefield's race that had nothing to do with the case, that set the appellate court on notice that 'we need to go back and look carefully at this.' And they said that was a violation, and they said he did not get a fair trial," said Steven Clark, a legal analyst.
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That move by the appellate court eventually led to Friday's order for release.
"He's legally innocent. He had a legally invalid process, and that's where we are today," said Kenneth Rosenfield, another Stubblefield attorney.
In the bail hearing on Friday, the prosecutor said calling Stubblefield innocent is a misstatement, since the appellate court ruled on the Racial Justice Act and not what the jury decided when Stubblefield was convicted. They said the attorney general's office is appealing the overturned conviction to the California Supreme Court.
In a statement following the hearing, Assistant District Attorney Terry Harman said:
"A jury unanimously found Mr. Stubblefield guilty of raping a woman at gunpoint. He was given an appropriate sentence, and we felt that justice had been served. That justice has been interrupted. And although we are disappointed that the judge released Mr. Stubblefield from custody, while we await a decision from the California Supreme Court, we remain focused on the sexual assault that occurred, the victim, and the need for accountability and community safety."
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The prosecutor indicated in court Friday that they would refile charges against Stubblefield.
Stubblefield had to return to Corcoran State Prison in Kings County Friday to be released from there. Conditions for his release include wearing an ankle bracelet and an order to have no contact with the victim.
Stubblefield and his attorneys plan to speak out in a press conference next week.
Stay with ABC7 News for updates on this developing story.
