Friday, October 10, 2014

Clyde Richey: West Virginia; The now 79-year-old former member of the State House of Delegates hopes that New DNA evidence - found in a box stored in a garage by a healthcare employee - may clear him of a 1979 sexual assault on a legislative page. But after 35 years, the path to exoneration is not going to be an easy one. Metro News. (Must Read. HL);


PUBLISHER'S VIEW: (Editorial);  Clyde Richie's exoneration may hinge on a slide used for initial DNA testing that was somehow found even though it had been stored for years stored in a box in the garage of a retired healthcare centre employee.  This is not the only example of a case in which key evidence was miraculously recovered years later - even though it had not been properly tagged, preserved and stored  in a secure police property room. Far better for legal jurisdictions to be required to systematically preserve and  account for property in DNA cases which may some day be ripe for DNA testing by new technological developments.

Harold Levy: Publisher; The Charles Smith Blog.

STORY: "New DNA evidence raises questions about sex crime verdict against former West Virginia delegate," by reporters Hoppy Kercheval and Charles Sell, pubished by Metro News on October 2, 2014.

GIST: "In 1979, a Kanawha County jury convicted Clyde Richey of sexually assaulting a 14-year-old boy. Richey was then a member of the House of Delegates from Monongalia County and his accuser was a legislative page. Now, 35 years later, Richey has obtained DNA evidence that raises questions about the guilty verdict.........Richey said he learned in 2005 that the slide used for the initial DNA testing still existed. It had been stored in a box in the garage of a WVU employee who retired in 1988. Though the slide’s re-emergence seemed like a major development in his fight to obtain evidence, Richey held off on seeking the DNA testing for personal reasons. “My wife, who was in ill health at the time, convinced me that I would never get my conviction overturned, so rather than put her through more distress, I dropped the case,” Richey said.
After his wife passed away last year, Richey decided to try again. He asked Friedman to analyze the DNA test results performed earlier by GenQuest Laboratory in Nevada. Friedman agreed to take the case at no charge. “(Richey) told me his story and I felt that the criminal justice system had gotten it wrong,” Friedman said in an email to MetroNews.  “I wanted to participate in correcting a wrongful conviction.” However, Friedman stopped short of claiming Richey is innocent. “Guilt or innocence is decided by the trier of facts in a court of law,” Friedman said. “The strongest statement I can make is that Clyde H. Richey is not a contributor” to the DNA found on the slide. Richey believes he’s on the verge of his long-awaited absolution. “It is my intention to put this new evidence before the state courts and, if necessary, before the federal courts, because there have been multiple violations of my right to due process and my constitutional rights,” Richey said."

The entire story can be found at:

http://wvmetronews.com/2014/10/02/new-dna-evidence-raises-questions-about-sex-crime-verdict-against-former-wv-delegate/

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;