Wisconsin Innocence Project

A Wisconsin man who spent two decades in prison based in part on flawed FBI forensic work has been cleared of rape, battery and burglary charges, the latest in a series of exonerations around the country based on the now-discredited technique of microscopic hair comparison.

Dane County Circuit Judge Nicholas McNamara approved a motion by the Dane County District Attorney’s Office on Thursday to dismiss all charges against Richard Beranek, 59. In the motion, the prosecution said while it still has a “strong belief” in Beranek’s guilt, it was dropping the charges to spare the victim of the 1987 home invasion and sexual assault from additional trauma.

On Friday, attorneys for Beranek said the dismissal came just days after DNA testing on crime scene evidence “revealed a distinct male DNA profile that was not Mr. Beranek’s.”

“I think that this DNA testing and the timing of the dismissal speaks volumes — that Richard Beranek could not be the assailant here,” said Bryce Benjet, staff attorney with the Innocence Project based at the Cardozo School of Law at Yeshiva University.

Beranek attorney Cristina Borde´ of the Wisconsin Innocence Project said the defense has been notified that the profile was compared to others in a local DNA database without success. Beranek’s attorneys say it is unclear whether the prosecution is comparing it to other suspects developed during the initial investigation. Read more.