GWINNETT COUNTY, Ga. — A man sentenced to life in prison without parole has maintained his innocence for more than 20 years. Now, a Gwinnett County judge is determined that there may be truth to his claim - and that he should have another shot at proving it.
Sandeep "Sonny" Bharadia was found guilty in 2003 of burglary, aggravated sodomy, aggravated sexual battery and theft charges. For years, the Georgia Innocence Project has argued that new DNA evidence implicates someone else.
The key evidence: batting gloves.
Police found the gloves and tied them to the perpetrator they say committed the crime, but it wasn't until after the trial that they were tested. Once DNA was sampled in 2012 - there was no sign of Bharadia. Instead, a man who testified against Bharadia was a match.
Attorneys with GIP have also tried to prove that Bharadia's previous legal representation missed the mark - making critical mistakes that could have turned the course of his trial and appeal, ultimately failing at providing effective counsel.
According to court documents, Gwinnett County Superior Court Judge Laura Tate agreed.
In a court order signed last week, Tate determined that his constitutional rights were violated and Bharadia did not have sufficient support from counsel during his appeal. Tate ultimately granted his habeas corpus petition - an argument that he should at least get a new trial.
"There is no ruling that Sonny is actually innocent. However, the basis of that ruling, the DNA evidence that does not match Sonny and does match (another potential suspect), is a very strong indication of his innocence," Christina Cribbs with the GIP said.
However, this ruling frees up the opportunity for a new trial.
Bharadia was facing life in prison without parole, so this was his last chance to get the charges dropped. Georgia's Attorney General has 30 days to decide whether to file an appeal, and the Chatham County District Attorney will be left to determine how to move forward, if at all. 11Alive has reached out to both offices but has yet to hear back on their decisions.
"He’s been saying literally since day one 'I did not do this. You have the wrong person,'" Cribbs said. "Someday the truth is going to come out. And here we, you know, close to 23 years later at this point, we’re not quite there but this is a big, big step in the right direction for Sonny."
More on Sandeep “Sonny” Bharadia's case
This decades-long saga began in November 2001 when a woman walked in on a man who was burglarizing her home in Thunderbolt, Georgia.
According to authorities, the man sexually assaulted the woman and then ran off, taking some of her belongings with him.
When trying to identify the man to authorities, she mentioned her attacker was wearing blue and white batting gloves - evidence that has now become a focal point in proving Bharadia's innocence.
While this occurred, Bharadia has testified that he was in Lithonia - more than 250 miles away - working on a friend's car during the time of the attack.
Bharadia pointed to an acquaintance, whom he called authorities about days prior to report that he had stolen Bharadia's vehicle and had a stolen motorcycle. When the acquaintance threatened Bharadia, he called authorities again.
Police investigated the man and discovered the victim's stolen items, along with a pair of blue and white batting gloves.
He told police he was holding the items for Bharadia. He pled guilty to theft by receiving stolen property and agreed to testify against Bharadia in relation to the sexual assault. Attorneys maintain no physical evidence tied Bharadia to the crime.
On June 27, 2003, Bharadia was convicted and sentenced to life in prison without the possibility of parole.
11Alive has been following this case for the last five years. Read the in-depth investigation here.
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