Could new DNA evidence overturn a more than 25-year-old rape case? That decision will be up to the Virginia Supreme Court.

Back in 1991 a jury convicted Darnell Phillips of raping a 10-year-old girl.

For more than 25 years Darnell Phllips has sat in a Virginia correctional center in one town or another. He will serve 100 years for attacking and raping a 10-year-old girl in a park near the Timberlake section of Virginia Beach.

However, several years ago the Innocence Project took up his case using DNA evidence.

“In our opinion the truth is out. I mean, we know Darnell Phillips didn’t do this,” Innocence Project Attorney, Jennifer Givens said. “What we don’t know is who did.”

In court on Wednesday, Givens took the latest DNA evidence to a judge. This evidence consisted of samples of skin that investigators found on the victim’s clothes.

“In this case, we know that the victim’s attacker had touched her shorts and underwear. He had pulled them off of her,” she said.

The return from a California lab showed no match with Phillips.

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