Commonwealth Attorney Patricia Watson and Judge Allan Sharrett only had a couple of hours to review the motions. Watson told the judge she felt she could respond to the motions.
Defense Attorney Connie Edwards asked Judge Sharrett to dismiss the conviction against Pope, who was convicted of the January 1975 brutal murder and rape of Eva King Jones, 88, a retired school teacher living across the street from the Emporia Police Department.
Edwards said the Department of Forensic Science used up all the samples of DNA evidence and violated Pope's rights because the defense could not test the sample independently. She also asked for a subpoena for the lab so she could get answers to questions she had about the tests performed. Edwards said she had been trying unsuccessfully to get her questions answered so she was asking the court for help.
Pope could have taken a plea bargain and only spent 10 years in prison but chose to have a jury hear the case.
The three-day trial ended with the jury convicting Pope of both charges.
Judge Sharrett, after a lengthy court session, agreed with the jury's recommendation and sentenced Pope to life for the murder of Mrs. Jones and 35 years for rape.
Reprinted with permission from the Independent Messenger
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