Postconviction challenges. Callace's conviction was affirmed on appeal and leave to appeal to the court of appeals was denied. While in prison, Callace learned about DNA testing and how it was used to free a former inmate (see case summary of Charles Dabbs). He asked his attorney about the original trial evidence. Callace's attorney remembered two things from the original trial record. First, the victim had just picked up her jeans from the cleaners. Second, the victim spit out semen onto the jeans after one of the assaults. Therefore, any semen on those jeans would have come from the assailant; if it did not match Callace's, he could be freed. The defense used this information to secure the jeans from the prosecution for DNA testing at Lifecodes, Inc. On June 27, 1991, a Suffolk County Court judge granted Callace's motion to consider DNA tests as "new evidence" (573 N.Y.S.2d 137). The judge also ruled that if the samples did not match, he would hold a hearing to consider postconviction relief for Callace. DNA results. The RFLP analysis performed by Lifecodes, Inc., on the victim's jeans showed that DNA in the semen stains did not match Callace's.
Conclusion. On October 5, 1992, Callace was released from prison. The prosecution dismissed all charges against Callace and declined to prosecute in a new trial because of the DNA evidence and the reluctance of the victim to endure another trial. Callace served almost 6 years of his sentence.