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Sapulpa man jailed wrongly for 12 weeks on child-rape allegation sues sheriff

By DAVID HARPER - Tulsa World Modified: October 23, 2013 at 7:36 am •  Published: October 23, 2013

A Sapulpa man who was in jail for 12 weeks before court-approved DNA evidence cleared him in the rape of his then-girlfriend's 4-year-old daughter filed a lawsuit this week against Creek County Sheriff John Davis alleging wrongful arrest and malicious prosecution.

Tommy Braden, 26, was arrested four days after the April 6, 2012, rape and was not released until defense attorney Lowell Howe got a judge to approve a DNA test, which cleared Braden on July 3, 2012.

The DNA evidence indicated a match for Patrick Edward Misner, 28, who lived in the same mobile home park as the victim.

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