Three Pennsylvania men who have spent decades in prison for rape and murder of elderly woman in her home have their convictions overturned

Three Pennsylvania men who were imprisoned for decades in the 1997 slaying of a 70-year-old woman – despite their DNA never matching that found at the scene – have had their convictions overturned by a judge.

The Delaware County judge threw out the convictions for Derrick Chappell – who was 15 when he was arrested – and first cousins Morton Johnson and Sam Grasty. The District Attorney is now reviewing the case to see if a new trial is necessary.  

Chappel, Johnson, and Grasty were each convicted in separate trials for the murder of Henrietta Nickens, a 70 year old woman who was brutally killed at her home in Chester, Pennsylvania, on October 10, 1997.

Nickens was savagely beaten and had had her underwear removed. Investigators found her home ransacked and blood on the walls and bedding. 

A mysterious green jacket, in the pocket of which was cocaine, was found on top of Nickens’ television set.

Investigators discovered semen in the woman’s rectum. They tested the semen and found that it didn’t belong to any of the three arrested individuals.

The prosecutors, who have been characterized as pugnacious, sought to separate the recovered semen from the crime. They affirmed that the semen might have originated from consensual intercourse and was unrelated to the murder. 

Nickens had been chronically ill and had no known sexual partners. 

The prosecution’s case against Chappel, Johnson, and Grastly hinged on the testimony of key witness Richard McElwee, who was 15 years old at the time of the crime.

McElwee testified that he functioned as a lookout while the three older boys pilfered Nickens of $30.

In exchange for his testimony, McElwee pled guilty to third-degree murder, as well as other charges. He was sentenced to serve six to 12 years in prison in 1999.

In 2000 and 2001, Chappel, Johnson, and Grasty were each convicted of second-degree murder, and they were sentenced to life in prison.

Over the course of their more than two decades-long prison stint, the three men have continued to protest their innocence.

Each of them filed pro se petitions in federal court over the years saying they were wrongly convicted, but their petitions were denied.

The fate of Chappel, Johnson, and Grasty drew the attention of many organizations dedicated to freeing wrongly convicted men and women.

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