Suit against Lodi ends as judge OKs Rose settlement

A federal judge signed off a legal settlement Thursday, officially ending Peter Rose's lawsuit against Lodi, San Joaquin County and the state regarding his 10-year imprisonment for a rape he did not commit.

Pete Rose

Much of the $1 million settlement will be invested in a life insurance program, meaning that with interest and after attorney fees, Rose will receive at least $520,000. Each of his three children will get a total of slightly less than $150,000.

As Rose and his two younger children sat in a nearly empty courtroom, U.S. District Judge Garland E. Burrell Jr. asked a few questions, because the settlement involves minors. He then signed a court order and the Rose family walked out of the courtroom about 10 minutes after entering.

"I'm just happy I don't have to worry about my kids if they want to go to college," Rose said.

Rose spent 10 years behind bars after a jury convicted him of the Nov. 29, 1994, rape of a 13-year-old Lodi girl who was walking to a school bus stop. She told police she did not see her attacker but changed her story three weeks later after intense police interviews and a suggestion from her aunt.

Throughout his trial and subsequent appeals, Rose denied any connection to the crime, but nothing changed until the Innocence Project's branch at Golden Gate University began investigating. Law school students and professors found evidence, submitted it for new DNA analysis and the tests showed that semen in the girl's underwear did not belong to Rose.

Rose was released from prison in October 2004, and he now lives on the coast, west of Ukiah.

He lives in a rural area where he goes fishing and is making plans to build a house with the settlement money, as well as $328,000 he received as compensation for time in prison.

As for his son and younger daughter, ages 13 and 11 respectively, they were simply impressed with the federal courthouse in Sacramento, where public elevators offer a selection of 16 floors.

They sat beside their father behind the plaintiffs' table in Burrell's courtroom, whispering at one point while Burrell looked at a proposed court order. The two fell silent after Rose tapped one on the shoulder and placed a finger on his lips to silence them.

Before long, they were walking back through metal detectors on their way out of the courthouse, accompanied by attorney Mark Merin.

Under terms of the settlement, the City of Lodi will pay $625,000, San Joaquin County will pay $100,000 and the State of California will pay $275,000.

The money goes to a life insurance trust, which then makes payments according to a schedule that cannot be changed unless by court order.

Rose will get $1,000 a month starting Feb. 20, with that amount doubling in 2012. His eldest daughter, now 18, will receive $800 per month for seven years. The younger children will begin receiving money when they turn 18, and will then get larger sums at ages 25, 27 and 30.

Contact reporter Layla Bohm at layla@lodinews.com.

Some other California residents cleared of crimes through DNA evidence:

• Frederick Daye, released in 1994 after 10 years in prison for a rape and kidnapping in San Diego County. The victim had identified him but a co-defendant later said he was not involved, and DNA cleared Daye.
• Kevin Green, released in 1996 after serving 16 years for the assault of his wife and still-born death of her child in Orange County. She testified against him but DNA later matched another felon, who confessed to the crime along with five other murders.
• Albert Johnson, released in 2003 after 10 years behind bars for two Contra Costa County rapes. The victims identified him, but DNA later cleared him of one of the rapes and was matched to a felon. The evidence in the other rape was destroyed before it could be tested.
Source: Northern California Innocence Project, http://www.ncip.scu.edu.

First published: Friday, January 12, 2007

Reader Feedback

caligirl wrote on Jan 12, 2007 7:59 PM:

" I am so glad that Mr. Rose and his family received some compensation for all those years in prison. Sounds like the kids are really enjoying having Dad around. Good Luck to you and yours, and may God Bless You. "

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