Michigan inmate who represented himself wins appeal against burglary conviction

DETROIT (AP) — A Michigan inmate convinced a judge to overturn his burglary conviction, defying the odds by serving as his own lawyer in an appeal of a conviction that was based solely on his DNA being found on a soda bottle at a beauty salon.

Gregory Tucker, 65, argued that DNA alone was not enough to convict him of a 2018 burglary near Detroit, citing U.S. Supreme Court rulings on the evidence.

U.S. District Judge David Lawson Agreement that the case against Tucker is weak.

“Any inference that (Tucker) must have left his DNA on the bottle during the burglary was pure speculation unsupported by any positive evidence in the record,” Lawson wrote in an Aug. 1 ruling.

Anne Yantus, an attorney who spent 30 years in the Appellate Defender’s Office and is not associated with the case, said what Tucker accomplished was not easy.

“I’m impressed that this man had enough confidence and legal skills to represent himself in a habeas corpus case,” Yantus said, referring to habeas corpus, a Latin term for a last-minute appeal that comes to federal court long after a conviction.

The petitioner is trying to argue that the conviction violated various protections under federal law. Success is extremely rare.

Tucker was accused of breaking into a Ferndale beauty salon in 2016. $10,000 worth of items were stolen, as well as a television, computer and wall clock.

Tucker was charged after his DNA was found on a Coca-Cola bottle at the crime scene. Authorities could not match the DNA from the bottle to anyone else.

Speaking from prison, Tucker told The Associated Press he was “overwhelmed” by Lawson’s ruling. He said he had no idea why the bottle with his DNA on it ended up there.

“A soda bottle has monetary value,” Tucker said, referring to Michigan’s 10-cent deposit law. “You can leave a bottle on the east side, and it could be on the west side the same day.”

His victory did not mean he was freed. Tucker is still serving time on another conviction and cannot leave prison until the parole board decides to release him.

Meanwhile, prosecutors aren’t giving up. The Michigan Attorney General’s Office said it plans to appeal the decision to overturn Tucker’s burglary conviction.

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