A Pennsylvania prosecutor will not retry a man who served 34 years in prison for rape and murder before new DNA tests won his release, NBC News reported.
Lewis Fogle's case was championed by the Innocence Project, which pushed for new testing of the physical evidence that was collected after 15-year-old Deanna 'Kathy" Long was killed in 1976.
After the forensic tests showed that Fogle could not have been the source of sperm found on the victim, the Indiana County district attorney's office asked the court to toss the conviction.
County District Attorney Patrick Dougherty considered retrying him and spent 45 days reviewing the case.
