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In November 1994, Janice Warder, now Judge Warder, took the witness stand in an evidentiary hearing before federal Magistrate Judge William Sanderson to defend her handling of the Chabot case. The magistrate would issue a ruling in favor of Warder, saying there was no deal.
Chabot, meanwhile, continued fighting his conviction, and in 2004 his case was taken up by the Innocence Project in New York. "It's a very high-stakes game of let's make a deal," says Nina Morrison, the IP attorney who handled Chabot's case. "Whoever comes in first and gives a detailed account is the one who gets the deal. Pabst was in trouble. He had a real incentive to try to minimize his involvement."Chabot's request for DNA testing was finally granted by state District Judge Lana Myers, who ruled in his favor over the vociferous opposition of the district attorney's office.
Using a new technology that isolates the male chromosome, a vaginal smear from Crosby was matched to Gerald Pabst.
The revelation that his Pillsbury Doughboy was a vicious rapist "kind of ruined my weekend," says Loving, now a federal prosecutor in San Antonio. "For 20 years I thought I'd gotten an innocent person off."
Warder says she was "extremely disappointed" to hear about the DNA test. "He duped me. He lied in court, and the jury believed him. He fooled a lot of sophisticated people. Looking back, I certainly wish we had the benefit of what we have now."
In semi-retirement after losing the last election, Warder isn't convinced that Chabot had nothing to do with the crime.
Chabot remains in a Texas prison while Craig Watkins decides if the case against him will be dismissed. Even if the case isn't dismissed, Chabot will get a new trial.
"What's important is now, regardless of what happened back then, we've arrested and charged Pabst and we intend to try him," says Mike Ware, special assistant in charge of conviction integrity, a post newly created by Watkins. "And if we make any deals in this case or any other case, they are going to be disclosed and they are going to be aboveboard."