Gary Baumgarten

Prosecutors reviewing the case now say it was tainted by racial bias.

Tom Lee Walker was foot to death in 1956 for the rape and murder of a 31-year-old white woman.

But a new prosecutorial review finds his conviction was based on false evidence and he was condemned despite testimony providing him an ironclad alibi.

Gary Baumgarten, Fox News.

The lawsuit claims he doesn't actually live in California, so he can't run.

Swalwell, who splits his time between Washington, D.C.

and California, calling the accusation nonsense and politically motivated, telling the New York Post he has always maintained a California residence while in Congress and that he used a campaign office address in his legal filings because of repeated death threats.

Gary Baumgarten, Fox News.