DES MOINES, Iowa (AP) — The Iowa Supreme Court says a Clinton man whose sexual abuse conviction was overturned and he was found not guilty in a second jury trial has the right to pursue wrongful imprisonment against the state.
However, the court says the case of David Desimone must go back to district court for a new hearing on wrongful imprisonment.
Desimone, who is now 54, was convicted of third-degree sexual abuse in 2005 and sentenced to prison for 15 years. He was accused of sexually assaulting a 17-year-old at a 2004 party.
The supreme court in 2011 ordered a new trial finding prosecutors failed to disclose evidence. A second Clinton County jury found him not guilty in March 2012.
A wrongful imprisonment finding would him to sue for monetary damages.