Appeals court overturns ex-49er Dana Stubblefield’s rape conviction
Legal Issues
A California appeals court has overturned the rape conviction of former San Francisco 49er Dana Stubblefield after determining prosecutors made racially discriminatory statements during the Black man’s trial.
The retired football player was sentenced to 15 years to life in prison in October 2020 after being convicted of raping a developmentally disabled woman in 2015 who prosecutors said he lured to his home with the promise of a babysitting job.
The Sixth Court of Appeals found Wednesday that prosecutors violated the California Racial Justice Act of 2020, a law passed during a summer of protest over the police killing of George Floyd. The measure bars prosecutors from seeking a criminal conviction or imposing a sentence on the basis of race.
Prior to the law, defendants who wanted to challenge their convictions on the basis of racial bias had to prove there was “purposeful discrimination,” a difficult legal standard to meet.
The appeals court said prosecutors used “racially discriminatory language” that required them to overturn Stubblefield’s conviction.
The case was “infected with tremendous error from the minute we started the trial,” said Stubblefield’s lead attorney, Kenneth Rosenfeld.
In April 2015, Stubblefield contacted the then-31-year-old woman on a babysitting website and arranged an interview, prosecutors said.
According to a report by the Morgan Hill Police Department, the interview lasted about 20 minutes. She later received a text from Stubblefield saying he wanted to pay her for her time that day, and she went back to the house.
The woman reported to the police that Stubblefield raped her at gunpoint, then gave her $80 and let her go. DNA evidence matched that of Stubblefield, the report said.
During the trial, prosecutors said police never searched Stubblefield’s house and never introduced a gun into evidence, saying it was because he was famous Black man and it would “open up a storm of controversy,” according to the appellate decision.
By saying Stubblefield’s race was a factor in law enforcement’s decision not to search his house, prosecutors implied the house would’ve been searched and a gun found had Stubblefield not been Black, the appeals court said. The reference to controversy also links Stubblefield to the events after the recent killing of Floyd based on his race.
Defense attorneys said there was no rape, and Stubblefield said the woman consented to sex in exchange for money.
“The trial had a biased judge who didn’t allow the evidence from the defense, the fact that she was a sex worker, to be heard in front of a jury,” Rosenfeld said. He called the incident a “transactional occasion” between Stubblefield and the woman.
He remains in custody until a hearing next week, during which his attorneys will ask a judge to approve a motion to release him. Prosecutors have several options, including asking the court to stay their decision so they can appeal to the state’s Supreme Court, or refile charges.
The Santa Clara District Attorney’s Office said it was “studying the opinion.”
Stubblefield began his 11-year lineman career in the NFL with the 49ers in 1993 as the league’s defensive rookie of the year. He later won the NFL Defensive Player of the Year honors in 1997 before leaving the team to play for Washington. He returned to the Bay Area to finish his career, playing with the 49ers in 2000-01 and the Raiders in 2003.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.