Hearing delayed on potential release of ex-49er Dana Stubblefield after rape conviction overturned

SAN FRANCISCO (KGO) — Former San Francisco 49er Dana Stubblefield will have to wait several more weeks to find out if he will be released from prison.

Stubblefield’s attorneys were in court Friday seeking their client’s release, but the case continued until Jan. 17 as the court sought to determine who had jurisdiction.

An appeals court overturned Stubblefield’s rape conviction last week.

RELATED: California appeals court overturns ex-49er Dana Stubblefield’s rape conviction

He was convicted of raping, at gunpoint, a woman who came to his home for an interview for a babysitting job in 2015. His defense team says the judge prevented the admission of key police evidence.

“The judge in this case admitted that the jury didn’t hear the truth,” said Ken Rosenfeld, one of Stubblefield’s attorneys.

He was convicted in 2020, but a year after the Racial Justice Act took effect.

It is now illegal to convict someone based on their race, ethnicity, or national origin.

The appeals court ruled that the prosecution violated the law when it said in its closing argument that it did not search Stubblefield’s home for a gun, fearing that it would opened “a storm of controversy” amid the civil unrest of the time following the police killing. by George Floyd.

“The Court of Appeal here said that it was, although not malicious, a violation of the Racial Justice Act by alluding to Mr. Stubblefield’s race without any legal justification.” said legal analyst Steven Clark.

RELATED: Former 49ers Star Dana Stubblefield Sentenced to 15 Years to Life in Morgan Hill Rape

Stubblefield has now been transferred from Corcoran State Prison to Elmwood Correctional Center in Santa Clara County.

Still, the question before the court Friday was whether the Santa Clara County courthouse, where the trial was held, had jurisdiction to grant Stubblefield’s release.

The next step could come from the appeals court when it formally sends the case back to the trial court.

“At this point, a proceeding and a case number will again be assigned to this court,” Allen Sawyer, another of his attorneys, said Friday. “So the question the judge (today) asked was whether he could do anything before that point.”

It will be up to Santa Clara County Prosecutor Jeff Rosen to decide whether he wants to retry Stubblefield.

In a statement, the office said: “As we study this notice to determine our next steps, we remain committed to keeping Stubblefield in custody.”

Clark says the overturning of the conviction due to the Racial Justice Act is historic.

“This case will resonate with prosecutors’ offices across the state as they consider issues related to race and how best to approach them before a jury,” Clark said.