One rape conviction is overturned, but world-class fighter faces another
By Sean Webby
Mercury News
Posted: 04/12/2009 07:35:00 PM PDT
Updated: 04/12/2009 09:09:43 PM PDT
When an appellate court threw out the attempted rape conviction against Cameron Lee Earle, a world-class jujitsu black belt from San Jose, his friends in the martial arts community celebrated his shot at redemption.
But the 32-year-old champion fighter's victory was short-lived: A just-discovered DNA match allegedly ties him to another violent sexual assault in San Jose.
"Oh my god, that's awful,'' said Alan "Gumby" Marques, who runs a San Jose martial arts academy and is one of Earle's closest friends. "I hope it's not him. But if it is him. "...''
Earle's up-and-down path through the legal system peaked last month when a Sixth District Appellate Court judge called his trial "grossly unfair." But now it has come to light that a mandatory DNA sample he provided in prison turned up a hit in the state's database for unsolved sex crimes. He has yet to be tried for that crime.
Earle had gone from a champion fighter to disgraced sex felon; and now he moves from possible freedom to a possible life sentence as a violent serial sex criminal.
"I said during his trial that he was a predator; the facts of his former case demonstrated that he is a sexual predator,'' said prosecutor Rob Baker. "This new case doesn't surprise me.''
The fall of the once-talented martial arts fighter began in 2004. Earle — who lived in San Jose — had honed his Brazilian-style jujitsu skills to the point that he was dominating some of the world's best with his choke holds and locks with his powerful dragon-tattooed arm.
He was focused, almost obsessed, his friends said, training incessantly, living on little money and falling asleep as he studied grainy old videotapes of fights in Brazil.
That September a woman told police that a man in a car had exposed himself to her in a trailer park. "Come here "... come here,'' he called out to her. Seeking help, she banged on a trailer door and the man drove away. But not before she got a license plate number.
The number eventually led police to Earle.
Then early one morning around Christmas, a woman was setting up a tamale stand in a San Jose supermarket. She leaned into her car to get some supplies when she was attacked from behind by a man speaking broken Spanish. After her head was smashed into the steering wheel and she was stabbed with a knife in her arm, the woman managed to escape. Less than a week later she saw a driver in an SUV who looked exactly like her attacker. She called her brother-in-law; they followed the man home and called the police. With police officers watching, the woman identified Earle as her attacker.
Over the objections of Earle's lawyer, the prosecutor tried both the indecent misdemeanor and attempted rape charge together, under the theory that the lesser crime showed that he was more likely to commit the attempted rape.
The jury convicted Earle on both. He was sentenced to more than five years in prison.
But last month two of three appellate judges agreed to overturn the attempted sexual assault conviction.
Trying the two crimes together had led to "a grossly unfair" trial,'' wrote Presiding Judge Conrad Rushing. While the decision to join the crimes belonged to the trial judge, Rushing also criticized Baker for using "spurious legal theories," comparing the lesser crime to "DNA evidence" and citing as proof that Earle was "a predator" and "a scary guy.''
Dissenting judge Nathan Mihara concluded that Baker's comments were entirely appropriate and the trial was not prejudiced. The appellate court ruling did not mean the justices exonerated Earle, and he can still be retried on the charges.
But Earle's old friends, some of whom had kept him abreast of fighting news during his imprisonment, had been ecstatic at the result and convinced of his innocence. To them, the allegations never made sense.
Why would he use a knife? How could the woman have escaped the grasp of a man who could hold some of the world's best martial artists in a grasp so powerful that they passed out?
"That's the equivalent of somebody saying in court that they beat Michael Jordan in a pickup game of basketball,'' Marques said.
But now Earle's character has again been cast into doubt.
On Christmas Eve 2003, a San Jose woman was putting presents under her tree as her husband and two children slept upstairs. A masked man barged in and held a knife to her throat as she pleaded for her life. He sexually assaulted her and, putting her in a bathroom, fled with money and a coffee pot.
DNA left in the woman's hair, law enforcement authorities say, is that of Earle.
Prosecutors say they may try the old and new sexual assault cases together.