Tuesday, August 4, 2009

BILL DILLON CASE: (4); FLORIDA INNOCENCE PROJECT'S PROFILE OF THE CASE - ANATOMY OF A MISCARRIAGE OF JUSTICE WITH BRUTAL RESULTS;



"PRESTON, A PURPORTED EXPERT IN SCENT TRACKING HIRED BY THE STATE, TESTIFIED THAT HIS DOG, HARASS II, HAD, PRIOR TO TRIAL, LINKED DILLON TO THE CRIME SCENE AND THE YELLOW T-SHIRT. PRESTON’S CLAIMS HAVE BEEN THOROUGHLY DISCREDITED BY EXPERTS IN THE FIELD OF SCENT TRACKING, MEDIA REPORTS (INCLUDING AN EXPOSE ON THE TV SHOW 20/20), MULTIPLE STATE SUPREME COURTS (INCLUDING THE ARIZONA SUPREME COURT, WHICH CALLED HIM A “CHARLATAN”), POLICE TRAINING MANUALS, AND LAW REVIEW ARTICLES. AND IN 1984, WHEN HE WAS A CAPITAL DEFENSE ATTORNEY, CURRENT BREVARD COUNTY STATE ATTORNEY NORMAN WOLFINGER, SAID, “I WOULDN’T WANT MY LIFE TO DEPEND ON WHAT [PRESTON’S] DOG SAYS.”"

FLORIDA INNOCENCE PROJECT;

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Background: Bill Dillon, was 22 when he was sentenced to life in prison in 1981, for killing a man in Canova Beach on the eastern coast of the state. During the trial, Dillon was adamant that he had not committed the crime. But a man named John Preston testified in court that he and his scent-tracking German-Shepherd connected Dillon to the killer’s bloody t-shirt. Preston, who billed himself as a "scent-tracking expert", said his dog, “Harrass 2,” even tracked Dillon’s scent repeatedly in later tests. Nearly three decades later, in 2007, DNA testing proved that Dillon’s DNA did not match the DNA on the killer’s shirt. The dog was wrong. Just eight months ago, after 26 years behind bars, Bill Dillon walked out of prison a free man. Preston was exposed by a Florida judge in 1984, who became suspicious of Preston and set up his own test for Harrass 2. The dog failed terribly. CNN unearthed documents which demonstrated that Harrass 2 could not even follow a scent for one-hundred feet. The judge determined the dog could only track successfully when his handler had advance knowledge of the case. Preston and his four-legged so-called expert were discredited in 1987 - but according to CNN, "the state of Florida never reviewed cases on which he’d testified . And nobody ever told Bill Dillon – who sat in prison another 20 years before he ever knew a thing about it. It wasn’t until 2006 that he heard Preston was a fake." The Dillon case is now attracting massive media attention in response to the Florida’s Innocence Project's well publicized concerns that dozens of inmates around the country may have been wrongly convicted as a result of John Preston and his dog. The focus now shifts to Florida's response to the Innocence Project's call for an investigation of those cases. Meanwhile, CNN informs us that Preston, the dog’s handler, died last year. He was never charged with perjury or convicted of a crime."

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"On November 18, 2008, William Dillon was freed from prison after 27 years when postconviction DNA testing demonstrated his actual innocence of a 1981 murder<" the Innocence Project's account begins.

"Dillon’s 27 years equals the longest time served by any of the 232 DNA exonorees nationwide. He is the third man to be exonerated in Brevard County in recent years," the account continues;

"The Crime
On the morning of August 17, 1981, James Dvorak was found murdered at Canova Beach. He had been brutally beaten to death and left in a wooded area, an apparent homosexual meeting place near the beach.

Dillon became a suspect because several days after the murder, while hanging out at Canova Beach, he was approached by police who were questioning people about the crime. Dillon had read about the murder in the newspaper and had seen the yellow police tape in a wooded area near the beach. He told police that he assumed the taped area was where the crime occurred. Perhaps because they had no other suspects, police inferred from this that Dillon had further information about the crime and subsequently brought him in for questioning. After several days and multiple interrogations, police arrested Dillon.

The Trial
The State’s case was based largely on the testimony of four key witnesses—an admitted perjurer, a fraudulent dog scent expert, a snitch whose charges were dropped in return for his testimony, and a half-blind eyewitness—as well as a t-shirt worn by the killer, which now reveals that Dillon was not the murderer.

(1) Donna Parrish: Parrish, Dillon’s sometime sexual partner, was the only witness to testify that she saw Dillon at the crime scene. However, she did not witness the murder itself. She gave inconsistent statements to police throughout the investigation and gave implausible, confused testimony at trial, which seemed to suggest that she had stumbled upon the already-dead body independent of Dillon, told no one, and later followed him back to the body. She also claimed that on the night in question, Dillon was wearing the yellow t-shirt.

Less than a month after trial, Parrish recanted her trial testimony in its entirety, under oath, stating that she had been pressured by the Sheriff’s Office and the State Attorney’s Office and threatened with 25 years in prison. In particular, she said that she had lied about following Dillon to the body and had lied when she said that he had worn or even owned the yellow t-shirt. In fact, she said that she and Dillon had spent the night in question at a motel room with acquaintances, and her entire trial testimony regarding their whereabouts was a fabrication. Furthermore, Florida Today newspaper reported that, during the investigation, Parrish and the lead investigator, Sgt. Charles Slaughter, had a sexual liaison. Slaughter was suspended and eventually resigned as a result.

(2) John Preston: Preston, a purported expert in scent tracking hired by the State, testified that his dog, Harass II, had, prior to trial, linked Dillon to the crime scene and the yellow t-shirt. Preston’s claims have been thoroughly discredited by experts in the field of scent tracking, media reports (including an expose on the tv show 20/20), multiple state supreme courts (including the Arizona Supreme Court, which called him a “charlatan”), police training manuals, and law review articles. And in 1984, when he was a capital defense attorney, current Brevard County State Attorney Norman Wolfinger, said, “I wouldn’t want my life to depend on what [Preston’s] dog says.”

(3) Roger Dale Chapman: Chapman’s testimony was suspect from the outset. He said that Dillon confessed to the murder and reenacted it in the middle of the jail dining hall. Despite the presence of other inmates, however, there were no other witnesses to this alleged confession. Furthermore, Chapman’s report of the confession included numerous details that were at odds with the facts of the case. For example, Chapman said that Dillon had told him that the crime occurred on a beach miles away from the beach where it actually occurred, Canova Beach.

After Chapman agreed to testify against Dillon, the State dropped pending charges against him for the rape of a sixteen-year-old girl.

(4) John Parker: Parker testified that on the night of the murder, he picked up a sweaty, bloody man hitchhiking near the scene of the crime and the two had oral sex. The man, who called himself “Jim,” left behind a bloody yellow t-shirt that Parker later turned over to police. At trial, Parker identified that man as Dillon.

There has always been ample reason to doubt Parker’s identification. He was legally blind in one eye and his description of the assailant differed markedly from Dillon’s actual characteristics. Furthermore, at trial, Parker conceded that he wasn’t sure that Dillon was, in fact, the man he picked up.

(5) The Yellow T-shirt: At trial, the State’s theory was clear: the killer wore the yellow t-shirt during the crime and later left it in Parker’s truck. The State referenced the t-shirt dozens of times throughout trial. By repeatedly linking the t-shirt to the crime scene and Dillon to the t-shirt, the State was able to link Dillon to the crime scene. For example, Parker testified that he picked up the hitchhiker with the t-shirt near the scene of the crime and Parrish testified that Dillon was wearing the t-shirt on the evening of the murder. In addition, through a convoluted series of scent lineups and scent detections, Preston’s dog was able to link Dillon to the t-shirt and to the crime scene.

Postconviction
DNA evidence that demonstrates Dillon’s innocence came as a result of a 2007 motion filed by Dillon’s attorneys, Mike Pirolo and the Innocence Project of Florida. DNA testing revealed that DNA from sweat on the bloody yellow t-shirt (the State’s key piece of evidence at trial) did not come from Dillon; it came from person(s) unknown. This confirmed what Dillon had said all along — that someone other than Dillon committed the murder.

On November 14, 2008, Dillon’s conviction was vacated. He was released on November 18, 2008, when the court granted him bond and he walked out of the Brevard County Jail with his family and his legal team. The State declined to re-try Dillon and filed a Nolle Prosequi with the court on December 10, 2008. Dillon spent over 27 years in prison for a crime he did not commit."


The specifics:

Jurisdiction: Eighteenth Circuit County: Brevard

Charge: First-Degree Felony Murder

Conviction: First-Degree Felony Murder

Sentence: Life

Year of Conviction: 1981

Exoneration Date: 12/10/08

Sentence Served: 27 Years

Real perpetrator found? Not Yet

Contributing Causes: Eyewitness Misidentification, Informant/Snitch, Unreliable/Limited Science, Perjured Witness Testimony, Manufactured Evidence

Compensation? Not Yet


This account can be found at:

http://floridainnocence.org/content/?page_id=49

Harold Levy...hlevy15@gmail.com;