DNA Retesting

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HOUSTON (AP) - A prosecutor says a Houston man imprisoned for 17 years for kidnapping and rape was denied a fair trial.

Harris County District Attorney Chuck Rosenthal says flawed testimony from a now-former Houston Police crime lab supervisor was used to convict George Rodriguez. New D-N-A tests show Rodriguez, who was sentenced to 60 years in prison for an assault on a 14-year-old girl, wasn't the source of a hair and some blood evidence.

New tests point to another suspect -- who wasn't prosecuted.

Rosenthal won't oppose efforts by attorneys for Rodriguez to free him on bond while they pursue a new trial or try to get his conviction overturned.

Rosenthal also says the new tests don't exonerate Rodriguez of the crime. But Innocence Project staff attorney Valerie Potkin says Rodriguez should be freed immediately.

Prosecutors are considering whether to retry the case.