Judge grants release of ex-49ers Dana Stubblefield

SAN JOSE, Calif. - Former 49ers star Dana Stubblefield will be freed from prison after an appeals court granted his petition for release.

A free man

What they're saying:

"Finally, an innocent man is no longer sitting in a cage away from his family," said his attorney, Kenneth Rosenfeld. "The Court of Appeals issued a forceful, unanimous ruling proving bias in Dana’s case. And their ruling was only the tip of the iceberg – the entire trial was infected with error and bias from the start."

Stubblefield's 2020 rape conviction was overturned by the Sixth District Court of Appeal in December after determining prosecutors made racially discriminatory statements during his trial.

He remained in custody until a hearing Friday morning, where his attorney asked a judge to approve a motion for his release, which was granted. He is expected to be released by Saturday.

Prosecutors could have asked the court to stay their decision so they could appeal to the state Supreme Court or refile the charges.

2015 rape case

The backstory:

The retired football player was sentenced to 15 years to life for the rape of a woman in 2015, whom prosecutors said he lured to his home with the promise of a babysitting job.

The woman reported to police that Stubblefield raped her at gunpoint, then gave her $80 and let her go. DNA evidence matched that of Stubblefield, according to a report from the Morgan Hill Police Department.

The appeals court found that prosecutors violated the California Racial Justice Act of 2020, a law passed during a summer of protest over the police killing of George Floyd. The measure bars prosecutors from seeking a criminal conviction or imposing a sentence on the basis of race.

Prior to the law, defendants who wanted to challenge their convictions on the basis of racial bias had to prove there was "purposeful discrimination," a difficult legal standard to meet.

The appeals court said prosecutors used "racially discriminatory language" that required them to overturn Stubblefield’s conviction.

During the trial, prosecutors said Morgan Hill police never searched Stubblefield’s house and never introduced a gun into evidence, saying it was because he was a famous Black man and it would "open up a storm of controversy," according to the appellate decision.

By saying Stubblefield’s race was a factor in law enforcement’s decision not to search his house, prosecutors implied the house would’ve been searched and a gun found had Stubblefield not been Black, the appeals court said.

Defense attorneys said there was no rape, and Stubblefield said the woman consented to sex in exchange for money.