Baton Rouge Judge Throws Out Lifetime Rape Conviction | Dishes

A man sentenced to life in prison for raping a woman at knifepoint more than 50 years ago asked a Baton Rouge judge to grant him parole – but she instead rejected his sentence entirely, according to reports Court documents show.

After a vehement protest from prosecutors, the Louisiana Supreme Court has now blocked the judge’s order and kept the man in prison while the matter is heard on appeal.

Donald Ray Link was convicted of a rape that occurred on the morning of November 18, 1972. According to court documents, he threatened the victim with a butcher knife and threatened her daughter, prosecutors said.

At his trial, East Baton Rouge Parish jurors were told that Link had confessed to the crime and had committed sexual offenses in the past, court documents said.

The jury convicted Link of aggravated rape on June 26, 1973. Three days later he was sentenced to “hard labor for the rest of his natural life.” Court documents show that Link has attempted to overturn his conviction several times over the years, but has always been denied.

In March 2022, Link submitted an application for parole. On April 30, 2024, District Judge Gail Horne Ray reversed his verdict and conviction, arguing that jury instructions in the case about Link’s parole eligibility were flawed and affected the outcome of the case.

“You gave the wrong instructions and therefore the sentence is inappropriate and that is my opinion… I think in the interest of justice a person is entitled to a conviction based on the proper application of the law,” Ray said, according to a transcript from the procedure.

In a filing with the Supreme Court, District Attorney Hillar Moore’s office objected to the verdict, saying Ray granted the defendant something he did not ask for, which was a “gross departure from Louisiana law.”

“By ignoring all relevant procedures reflected in case law and statute, the trial judge effectively became a one-man pardon board,” the filing states.

If Link wanted to challenge his conviction, he would have had to file an eighth request for post-conviction relief, prosecutors argued. Link’s conviction and sentence should be reinstated because Ray’s sentence was “legally erroneous” and “an abuse of discretion,” the filing says.

“When judges simply do what they want, when they want, the fundamental purpose of law and procedure goes by the wayside,” the filing says. “Why should a plea be entered or argued when the trial judge is already convinced of the end result he or she desires?” Why are there laws, rules of procedure or case law?”

In his request for an emergency stay order, Moore’s office says Link “poses both a flight risk and a danger to the community” if he were released.

The Supreme Court unanimously granted the prosecution’s request to stay Ray’s sentence. This means Link will remain in prison while the judge’s decision is appealed.

Ray did not immediately respond to a request for comment. Court rules prohibit judges from commenting on cases before them.