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SANTA CLARA DA TO RETRY RAPE CASE The Santa Clara County district attorney’s office will not appeal two overturned verdicts in a well-publicized rape case, opting instead to take the case to trial again. Superior Court Judge James Emerson recently overturned the 1998 rape and sodomy convictions of Damon Auguste and Kamani Hendricks. Emerson cited the “cumulative effect” of errors that occurred during the trial and wrote that Deputy District Attorney Benjamin Field committed a Brady violation by not disclosing laboratory notes on DNA evidence. “We believe the court’s habeas order is wrong, but we have decided not to appeal because the factual finding on the victim’s credibility is difficult to overcome,” Field said Thursday. Field added an appeal could take up to a year and said, “That is too long to wait for resolution.” A new arraignment and trial scheduling will take place next week, Field said. — Justin M. Norton

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