Detroit Mayor Mike Duggan, who was Wayne County prosecutor in 2003, does not recall the file, because he normally would not have handled it in its early stages, spokesman John Roach said.
“The standard practice in his office was that he would not see a file until such time the assistant prosecuting attorney was recommending the approval of a warrant in the case,” Roach said in a written statement.
The Detroit police homicide investigator who worked on the 2003 murder case has since retired, Craig said.
“I don’t know how this could have happened, but there’s absolutely no excuse for it,” the chief said.
Police say Matthews also is responsible for a July 12, 2000, sexual assault. DNA links him to the rape, said Tracy Weinert, an officer with the Detroit police homicide Inactive Squad.
“He and the victim knew each other,” she said. “She went to his house, and she was tied up with duct tape and raped over a several-hour period. He left the room, and she was able to exit the house and call 911.”
Matthews was arrested, a DNA sample was taken, and a sexual assault warrant submitted to prosecutors.
“But the victim never showed up to the prosecutor’s office,” Weinert said. “On CSC cases, they don’t compel victims to come in to testify, so when she didn’t come in they deemed her an uncooperative witness, and (Matthews) was released.”