Blood splatter Series: Joe Bryan: Texas: (Part 3): Reporter Pamela Colloff: (ProPublica): 'Joe Bryan's Attorneys Ask For New Trial, Say Murder Conviction Built On Faulty Forensics.'..."This week's evidentiary hearing was the culmination of years of efforts to have Bryan's case re-examined, and the legal proceedings unfolded with all the intrigue and plot twists of a high-profile murder trial. One of the country's most prominent bloodstain pattern analysts would discredit a former student who was a key witness for the prosecution. The former district attorney who prosecuted Bryan not once but twice would claim that he could not remember basic facts of the case. And four women would give powerful testimony that raised questions about whether a now-deceased former Clifton police officer could be the real killer. The potential of the hearing to serve as a referendum on the use of flawed forensic testimony in the courtroom also drew Michael Morton, who has become a powerful symbol of Texas's efforts to reform its criminal justice system. Morton spent nearly 25 years in prison for the murder of his wife, Christine, before being exonerated in 2011 when DNA analysis implicated the actual killer. "Joe Bryan's situation dredges up old memories for me, because I can't help seeing myself there, in his shoes," Morton said. "We were both convicted because of misapplied science and character assassination."

 

PASSAGE OF THE DAY: "Bryan's case commanded the attention of the forensics community when the Texas Forensic Science Commission — which investigates complaints about the misuse of forensic testimony and evidence in criminal cases — announced that the blood-spatter analysis used to convict him was "not accurate or scientifically supported." Spurred by the Bryan case, the commission had already moved to end the practice of allowing law enforcement officers with minimal training in bloodstain-pattern interpretation to testify in Texas, stipulating that such analysis must be performed by an accredited organization if it is to be allowed in court. The decision is expected to prompt other states to follow suit, as the influential commission's reforms often do."

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STORY: "Joe Bryan's Attorneys Ask For New Trial, Say Murder Conviction Built On Faulty Forensics," by reporter Pamela Colloff, published by The New York Times/ProPublica on August 24, 2018.

SUB-HEADING: During a three-day hearing in Texas, a succession of witnesses criticized the bloodstain-pattern analysis and exposed other flaws in the prosecution of a former high school principal convicted of the 1985 murder of his wife.

 GIST: In the tiny central Texas town of Comanche, in the same courtroom where he was convicted nearly three decades ago of murdering his wife, Joe Bryan and his attorneys finally got the opportunity this week to make their case that the 77-year-old former high school principal deserves a new trial. Over three days, they presented a succession of witnesses who testified that the forensic evidence used to convict Bryan of his wife's 1985 murder was faulty, and that new evidence pointed to a possible alternative suspect in the killing. The hearing — which held out the tantalizing promise of winning Bryan a fresh chance to prove his innocence — drew dozens of spectators who packed the hard-wooden benches inside the Comanche County courthouse. Lining the two front rows were Bryan's family members, who wore matching red t-shirts emblazoned with the words "Justice For Joe." Behind them, Clifton residents who had not seen Bryan since the 1980s crowded in beside law students, reporters, and top attorneys with the Innocence Project of Texas, who were on hand to assist with Bryan's case. Penny Blue, the sister of Joe's late wife, Mickey, sat by herself in the back of the courtroom. Two retired prison employees, former Texas Department of Criminal Justice Lieutenant Frank AuBuchon and ex-prison chaplain Carroll Pickett, were also in attendance. AuBuchon had driven all the way from Missouri to show his support. Bryan had worked for both men at the Walls Unit in Huntsville, Texas, in the late 1980s and early 90s, and they had come to believe in his innocence. "My conscience told me to be here," AuBuchon said. Bryan sat just a few feet away, behind the defense table, in a black-and-white striped jail jumpsuit. He was barred from speaking to anyone other than his lawyers, but every so often, he surveyed the courtroom for familiar faces, or glanced over his shoulder at his older brother, James, and smiled. In May, Bryan's case was the subject of a two-part investigation by ProPublica and The New York Times Magazine, which questioned the accuracy of the bloodstain-pattern analysis used to convict him and highlighted the scant training of some analysts, who nevertheless testify in criminal cases as experts. At the time of Bryan's arrest, he had no criminal record. He and his wife, Mickey, a fourth-grade teacher at Clifton Elementary School, were both beloved members of their community, and by all accounts, had a happy marriage. In the days surrounding Mickey's murder, Bryan was attending a principals' convention in Austin, 120 miles from Clifton, where the crime occurred. He has always maintained that he was in Austin, asleep in his hotel room, when Mickey was shot in their bed. Last month, Bryan's case commanded the attention of the forensics community when the Texas Forensic Science Commission — which investigates complaints about the misuse of forensic testimony and evidence in criminal cases — announced that the blood-spatter analysis used to convict him was "not accurate or scientifically supported." Spurred by the Bryan case, the commission had already moved to end the practice of allowing law enforcement officers with minimal training in bloodstain-pattern interpretation to testify in Texas, stipulating that such analysis must be performed by an accredited organization if it is to be allowed in court. The decision is expected to prompt other states to follow suit, as the influential commission's reforms often do. This week's evidentiary hearing was the culmination of years of efforts to have Bryan's case re-examined, and the legal proceedings unfolded with all the intrigue and plot twists of a high-profile murder trial. One of the country's most prominent bloodstain pattern analysts would discredit a former student who was a key witness for the prosecution. The former district attorney who prosecuted Bryan not once but twice would claim that he could not remember basic facts of the case. And four women would give powerful testimony that raised questions about whether a now-deceased former Clifton police officer could be the real killer. The potential of the hearing to serve as a referendum on the use of flawed forensic testimony in the courtroom also drew Michael Morton, who has become a powerful symbol of Texas's efforts to reform its criminal justice system. Morton spent nearly 25 years in prison for the murder of his wife, Christine, before being exonerated in 2011 when DNA analysis implicated the actual killer. "Joe Bryan's situation dredges up old memories for me, because I can't help seeing myself there, in his shoes," Morton said. "We were both convicted because of misapplied science and character assassination." Morton's presence was a reminder that the Bryan case — which is still being investigated by the Texas Forensic Science Commission — has far-reaching implications. The hearing would prove to be not only about the corrosive power of junk science in the courtroom, but about the resistance of a justice system to reconsider criminal convictions, even one in which a man has already served more than 30 years in prison."

The entire story can be read at: 

https://www.propublica.org/article/joe-bryans-attorneys-ask-for-new-trial-say-murder-conviction-built-on-faulty-forensics

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. 
Harold Levy: Publisher; The Charles Smith Blog;
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