New Haven Independent

DNA Frees Accused Killer, Rapist After 21 Years

by allison schwartz | August 5, 2009 2:10 PM | Permalink | Comments (4)

“You can take the handcuffs off,” Judge Richard Damiani said. And with that, a man who has been in jail for 21 years — and was supposed to spend decades more behind bars — walked away a free man.

DNA set him free.

The dramatic release took place Wednesday morning in Connecticut Superior Court on Church Street.

Kenneth Ireland went to jail in 1988, at the age of 20, convicted of raping and killing a woman named Barbara Pelkey of Wallingford. The sentence: 50 years.

His case was taken up by the Connecticut Innocence Project, which uses DNA evidence from crimes to prove that people have been wrongfully accused. They did that in this case to buttress Ireland’s longstanding claim that someone else, not he, committed Pelkey’s rape and murder. The Project petitioned for a new trial, and the petition was granted.

Damiani ordered Ireland released Wednesday on a promise to appear. He technically faces a new trial, though it’s unclear whether one will take place. His next court appearance is Aug. 19.

The newly freed Ireland walked out of the courthouse (pictured in blue shirt with his back to the camera) with his Innocence Project lawyers and his family. He thanked the lawyers, and kept hugging his family.

East Haven State Rep. Mike Lawlor, co-chair of the legislature’s Judiciary Committee, immediately issued the following statement:

“This is yet another Connecticut example of an innocent person having spent two decades in prison for a very serious crime while an actual rapist and murderer has been roaming free since 1986. This is not acceptable.

“The legislature, working with the Advisory Commission on Wrongful Convictions, must determine whether any state laws need to change and whether the law enforcement community is using best practices in the investigation of cases in order to avoid wrongful arrests and convictions.

“Under a 2008 law, Mr. Ireland is eligible to apply for compensation for his wrongful conviction with the state claims commissioner, who will make recommendations for compensation to the legislature. I hope this can be done in time for the 2010 legislative session, which convenes in February.”

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Posted by: ACR | August 6, 2009 1:13 PM

Can't we sue whoever helped frame this poor guy for the millions we should now pay him for the loss of his youth?

Posted by: Tonja Brown | August 7, 2009 11:46 AM

These king of stories just warm my heart. Here in Nevada we are going thru the same thing with my innocent brother who was arrested in 1988. In a recent development the Washoe County District Attorney Dick Gammick admitted during an interveiw to opening up the DNA after trial and testing the DNA All of this was withheld from us years. A judge ordered the DA to turn over the DNA test results and the entire file in our case. On June 10, 2009 the file was turned over. In the file notes from 21 years ago were made by the prosecuting attorney that he was not going to turn over the exculpatory evidence even with a court order telling him to. Ron Rachow who is now a federal prosecutor withheld the evidence that showed the theory of the Sparks Police Department showed that another man was the suspect in the case which this innocent man was convicted of. Other exculpatory came to light as well. We are going back into court. I anticipate that the judge will just go thru the process and will ultimately dismiss the petition in order to protect the wrong doings of the Washoe County District Attorney's office. We are dealing with at least 3 District Attorney's and 3 ADA over the years.

MR. IRELAND, CONGRATULATIONS ON YOUR FREEDOM!

Posted by: Tonja Brown | August 7, 2009 11:50 AM

Anybody wishing to see the documents regarding this innocent man in Nevada can. They can be found at the Washoe County Court house under CR88-1692.

Posted by: Ann from Nashville TN | August 13, 2009 11:43 AM

This is just another reason why they shouldn't have the death penalty and execute people. How many of them might have been innocent? Even one is one too many.

I know of 3 in prison who are innocent. Will they end up dying in there since they aren't on death row but have life? One will come up for parole next month.

Most in prison are guilty but what about the ones who aren't. One day in prison for an innocent person is one too many. Imagine sitting in there knowing you are innocent and wondering if anyone will listen and prove you are not guilty.

The guilty person has probably been raping and murdering all these years and laughing that he has gone free while another man took the blame and served the time he should have served. Will they ever find that person?
Ann in Nashville

DNA Frees Accused Killer, Rapist After 21 Years

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