DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

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Normal DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

Post by NiteSpinR on Mon Apr 29, 2013 4:52 pm

4/29/13

A Sapulpa man who was held in jail for 84 days before DNA evidence cleared him in the brutal rape of his then-girlfriend's 4-year-old daughter plans to sue the Creek County Sheriff's Office for wrongful arrest.

Tommy Braden's attorney, Don Smolen, of Tulsa, sent notice earlier this month that they plan to take legal action for wrongful arrest and detention, which they allege was the result of the Sheriff's Office negligence.

"From day one he's begging them to do a DNA test," Smolen said. "They said they weren't going to do that because it was a waste of taxpayers' dollars."

Braden was arrested shortly after the April 6, 2012, rape and was not released until a defense attorney, Lowell Howe, got a judge to approve a DNA test which cleared him on July 3.

The DNA evidence was a match for Patrick Edward Misner, a convicted felon who lived in the same mobile home park at the time.

"Three months later - after his life's gone to hell - the results he's been asking them to do comes up that he's not the guy," Smolen said. "Why wouldn't you do a DNA test? Even if it was him, why not do a test and confirm it? Why take three months?"

After the crime, Misner moved to the Portland, Ore., area and was arrested on an unrelated matter. He was eventually brought back to Creek County where he is being held on a $750,000 bond on charges of burglary, rape and lewd molestation. He has waived a preliminary hearing and is awaiting a trial date.

Records show Misner was convicted in 2009 of assault with a dangerous weapon in Tulsa County.

Smolen said investigators should have looked into who was living next to the little girl and should have pursued DNA testing immediately.

Records show the attack occurred in the middle of the night while the family was sleeping with the little girl at one end of the trailer and Braden, his girlfriend and their 2-year-old son at the other end.

Howe said the mother left early for work that morning and that it was Braden who found the little girl in bed naked and bleeding and called 911. Records show she was hospitalized.

According to an affidavit filed in the case, Braden noticed the little girl's bedroom window was broken and found blood on the front porch.

Investigators believe the front porch blood came from one of the family dogs that was found dead behind the residence and appeared to have been stabbed.

Howe said investigators thought the scene looked staged and didn't believe Braden was telling the truth. A lie detector test allegedly found him to be deceptive when questioned about the girl, he said.

Perhaps the main appearance of guilt came when investigators said the little girl identified Braden as her attacker.

Smolen said the 4-year-old made the statement after more than an hour of interrogation.

The girlfriend filed a protective order against Braden soon after her daughter's attack. The state Department of Human Services filed a case against the mother for failing to protect her daughter when Braden was still being held for the rape, Howe said.

Howe said the incident wrecked Braden and his girlfriend's relationship at first, but they reconciled and have since married.

Braden and Howe said DHS still hasn't dropped the deprived child case.

Braden said he and his wife did not know Misner or even recognize him.

"We had no place to live when I got out (of jail)," Braden said. "I wasn't allowed to be around. We had to go through counseling to get back together. I lost my job. I lost pretty much everything."

Braden said he was depressed while incarcerated, quit eating and dropped to 130 pounds from 190 pounds.

Smolen said the sheriff has 90 days to respond, and if not, they plan to file a civil rights lawsuit in federal court.

Current Creek County Sheriff John Davis said he couldn't comment because of the pending legal action.


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Normal Re: DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

Post by raine1953 on Mon Apr 29, 2013 7:18 pm

I hope they sue everyone they can sue in this case! 84 days they held him and refused to take his DNA? Really? Sounds like a real lazy department to me, they thought they could just close their case. This kind of stuff makes me so mad! MOO.
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Normal Re: DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

Post by NiteSpinR on Mon Apr 29, 2013 7:52 pm

Plus they interrogated a 4 year old for over an hour! She probably named her mother's boyfriend because they kept asking if it was him, or perhaps because he was the only man she could name.
Sloppy Police work ruined his life, his relationship and allowed the real rapist freedom to hurt another child.

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Normal Re: DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

Post by Wrapitup on Tue Apr 30, 2013 6:57 am

Could not agree more w/both of you. Pathetic!!

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Normal Re: DNA Clears Tommy Braden Of The Brutal Rape Of His EX-girlfriend's 4-Year-Old Daughter

Post by NiteSpinR on Sun May 19, 2013 4:14 am



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April 30, 2013

An Oklahoma man who was arrested and jailed for allegedly raping a 4-year-old girl intends to sue authorities for holding for three months while he pleaded with them to perform a DNA test, which eventually cleared him.

Tommy Braden, 26, of Sapulpa, Okla., was arrested in April 2012 after he called 911 in the morning to report that he had woken up to find his girlfriend's daughter, age 4, bleeding on her bed. He also reported a broken window in their mobile home and blood on the front porch, Smolen told ABC News. Braden shared the home with his girlfriend, their biological child, and the 4-year-old.

According to Braden's attorney Don Smolen, Creek County Sheriff's officers arrested and charged Braden with the girl's rape. Officials took a swab of his DNA at the time, but refused to test the sample for a DNA match with the semen and pubic hair found at the scene of the crime.

"He was openly cooperating, doing everything he can to prove that it wasn't him," Smolen said. "They found pubic hair and semen at the scene that's never tested... It takes three months for them to get it done and only after the court orders them to do it... It's just crazy to me."

"Rarely do you have someone suspected of such horrific crime begging to give DNA. If you've got the opportunity where someone's voluntarily giving you sample, why not get it tested and confirm or deny whether it was him?" the lawyer asked.

The Creek County Sheriff's office did not respond to requests for comment from ABC.

"It was horrible, she was brutally raped," Smolen said. "And Tommy and Debra also have a child together, so it's not like you've got some random guy living in the house with the 4-year-old down the hall. This little girl has called him 'dad' since she was a year old. He and Debra are married now."

While he was in jail, Braden lost his job and the Oklahoma State Department of Health and Human Services took custody of the children, Smolen said.

Braden and his defense attorney finally won a ruling from a Creek County judge ordering the DNA test, which proved that Braden had not raped the girl.

Braden was released nearly three months after he was arrested, in July 2012. His record was expunged and both children are living with Braden and his girlfriend, Debra, again, though they are still under the state's supervision, Smolen said.

Police then arrested Braden's neighbor, Patrick Edward Misner, 28, and charged him with rape and molestation. He is awaiting trial in Oklahoma. His attorney did not return calls for comment.

Smolen notified Creek County this month that he was preparing a lawsuit against the county for Braden's imprisonment. The county has not yet responded, he said.

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Post by Wrapitup on Sun May 19, 2013 3:28 pm

That poor man! Just Happy they have the Real rapist. Thanks for updating!!

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