DNA match solves 1998 Smyrna rape case - CBS46 News

DNA match solves 1998 Smyrna rape case

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SMYRNA, GA (CBS46) -

Smyrna detectives have charged a 39-year-old for the 1998 rape of a former Smyrna woman.

Police said on March 3, 1998 Miguel Hernandez and the victim, 19, were returning to a Smyrna home after going to the store.

Hernandez stopped at Rose Garden Park where the victim was sexually assaulted, according to police.

On Oct. 30, 2012 detectives received notice of a DNA match with evidence collected from the scene and Hernandez.

The following day, detectives went to Jenkins County and obtained a warrant for the collection of a DNA sample from Hernandez.

On Jan. 22, 2013 detectives received confirmation that Hernandez was a match with physical evidence found almost 15 years prior during a sexual assault examination of the victim.

The next day detectives obtained an arrest warrant for Hernandez for rape.

The normal statute of limitations for a rape is 15 years.

In this case where DNA is present, Georgia state law permits prosecution regardless of the time frame.

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