Friday hearing could exonerate Steven Barnes for 1985 rape and murder

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Steven Barnes rejoices among friends and family on November 25 in the ceremonial courtroom of the Oneida County Courthouse. Barnes was freed after 20 years in prison for a crime he did not commit. (Earl Davis/WKTV)

By DAVE DELLECESE

Story Created: Jan 8, 2009 at 11:31 AM EST

Story Updated: Jan 8, 2009 at 11:31 AM EST

UTICA, N.Y. (WKTV) - A man who was convicted nearly 20 years ago for the rape and murder of a 16 year old girl, and then had his conviction and sentence vacated in November 2008, could be fully exonerated this Friday.

A hearing is set for Friday, January 9 at 9:30 a.m. for Barnes.

If the indictment against Barnes - for the rape and murder of Kimberly Simon of Whitestown in 1985 - is dismissed at Friday’s hearing, he will be fully exonerated in the rape and murder case for which he was convicted nearly two decades ago.

An Oneida County Judge vacated Steven Barnes' conviction and sentence Tuesday, November 25 citing a joint motion by the Oneida County District Attorney's Office and The Innocence Project. The "not for profit" re-examines convictions using advances in DNA technology.

His conviction was vacated, but the indictment against him was not dismissed, meaning he could be retried for the crime at any time.

Barnes will appear in Oneida County Court Friday, represented by Innocence Project Staff Attorney Alba Morales.

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