He showed little emotion as a Spanish interpreter relayed Senior Assistant Prosecutor Seth Galkin's final motion: The state was dismissing the case, "in its entirety," in light of the state Supreme Court's August ruling and Mohammed's decision not to allow the state to take a second DNA sample.
Rafael Camey, with his attorney, Laura C. Sutnick, in Superior Court in Paterson on Monday.
Galkin said the state was unlikely to win an appeal of Mohammed's decision based on the new criteria for DNA retests set down by the Supreme Court in the Camey case, so there was no recourse but to drop the charges once and for all.
The trial court judge, Marilyn Clark, found that Camey was never informed of his right to refuse the test, to remain silent or to have an attorney present during questioning.
The state Supreme Court ruling set down new criteria for a DNA retest, but Mohammed ruled in December that the state failed to meet the new benchmarks, and the case fell apart.