Factual background: The incidents occurred on July 3 and August 5, 1987. In the first, a young woman was raped near a footbridge at a high school. The second incident occurred at the same location, but the woman fled and found a police officer. Police picked up Green in the area of the two assaults.

Edward Green was arrested and tried for rape and assault with intent to rape (in two separate incidents). He was convicted by a jury of the rape and acquitted for the assault/attempted rape. The jury reached its verdict in three hours.

Prosecutor's evidence at trial: The prosecution based its case on several points:

· The second victim identified Green in a "showup" on the street.

· The first victim identified Green from a photo array and a formal lineup.

· Both victims made in-court identifications of Green.

· The blood type of the assailant was consistent with Green's.

Postconviction challenges: After conviction but prior to sentencing, the defense moved to delay sentencing pending the results of DNA testing. While waiting for the DNA results, the prosecution opposed several time extensions, which were granted by the judge.

DNA results: DNA tests were performed on an item of the victim's clothing and compared to the victim's and Green's blood. The report, issued in February 1990 from Cellmark Diagnostics, excluded Green as the source of the semen.