After spending more than two decades behind bars for a sexual assault and burglary he insists he didn't commit, Sandeep "Sonny" Bharadia has been granted a new trial, as initially reported by WSB-TV. Convicted in 2003 and sentenced to life without parole, Bharadia has been fighting to clear his name with the help of the Georgia Innocence Project. His wrongful conviction claim hinges on the argument that he was over 250 miles away during the crime's commission, a claim supported by DNA evidence tested post-conviction.
Further to the report by FOX 5 Atlanta, a Gwinnett County judge recently granted Bharadia's request for a new trial. This decision followed the surfacing of DNA evidence on the gloves linked to the crime, which did not match Bharadia, but instead matched another suspect, Sterling Flint, Flint had pleaded guilty to possessing stolen items from the victim. The Georgia Innocence Project released the habeas corpus writ, omitting exhibits, that vaulted Bharadia's case back into the judicial spotlight, raising serious questions about the integrity of the evidence against him.
According to a statement obtained by FOX 5 Atlanta, the Georgia Innocence Project argued that the DNA results were unrefuted and pivotal to the defense, despite the fact that during the 2003 trial, no DNA testing was conducted on the gloves found with Flint. The case now rests in the hands of the Attorney General's office, which has a 30-day window to decide on an appeal of the judge's ruling for a new trial.
If the Attorney General's office elects against appealing the judge's decision, the order for a new trial will stand, sending the case back to Chatham County where it originated, the decision on whether or not to proceed with a retrial lies with the District Attorney—a decision yet to be made public at the time of this report "Bharadia filed a writ of habeas corpus on March 28, 2011," as the innocence was wrested from his hands by the state years ago, now Bharadia grasps at a chance for exoneration, with his fate swinging like a pendulum between the halls of justice and the bars of his cell.
