Judge jails Oakland rape suspect for failing to die

"OAKLAND Lester Lewis' chances of freedom seemed bleak. The allegations were horrific, even for a rape case, and the prosecution's evidence appeared to be strong. He was accused of beating, burning, and sexually violating a woman as she died of a suspected drug overdose in his apartment, then coldly dragging her corpse to an outside stairwell for some unlucky person to find. But Lewis, 76, had one thing going for him his failing health."

"Mr. Lewis' health has dramatically improved and there has been no showing that his condition is significantly different from when he allegedly committed this horrendous act, Pereda wrote in his order. He noted that Lewis' attorney had, back in March, informed the court that Lewis was likely in his last moments and later stated that he could be going to hospice care soon."

Lester Lewis, 76, faced charges alleging he beat, burned, and sexually violated a woman who died of a suspected drug overdose in his apartment before dragging her corpse to an outside stairwell. Prosecutors initially agreed to his release to a hospital because defense counsel and medical records indicated he was near death from serious ailments. Lewis remained alive and his health improved over months. On Oct. 27, Judge David Pereda ordered his return to jail, citing the improvement and the unchanged nature of the alleged offense. Prosecutors said they consented to the release under the assurance that Lewis would likely die.

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