UP-DATE: BITE-MARK EVIDENCE; DOUGLAS PRADE CASE; INNOCENCE NETWORK FILES BRIEF; FOUR CASES OF ERRONEOUS BITE-MARK EVIDENCE CITED;

"THE INNOCENCE NETWORK HAS FILED A BRIEF WITH THE OHIO SUPREME COURT ON BEHALF OF FORMER AKRON POLICE CAPT. DOUGLAS PRADE. THE GOAL IS NEW DNA TESTING OF BITE-MARK EVIDENCE TO OVERTURN HIS CONVICTION FOR THE 1997 MURDER OF HIS EX-WIFE, DR. MARGO PRADE.

FOUR SIMILAR CASES OF ERRONEOUS BITE-MARK EVIDENCE WERE CITED BY THE INNOCENCE NETWORK IN THE PRADE DEFENSE BRIEF."

REPORTER ED MEYER: BEACON JOURNAL;

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"New York attorney Barry Scheck was part of the defense team that represented O.J. Simpson in his 1995 murder trial", the Beacon Journal story by reporter Ed Meyer begins, under the heading "Lawyers compare four cases to Prade's" and the sub-heading, "Expert testimony helps convict men, but DNA finally sets them free".

"Attorneys won an acquittal for Simpson in the murders of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman," the story, published on November 22, 2009, continues.

"Scheck, 60, is a co-founder of the nationally renowned Innocence Network. It is dedicated to pro bono criminal cases involving wrongful convictions based on erroneous forensic evidence.

The Innocence Network has filed a brief with the Ohio Supreme Court on behalf of former Akron police Capt. Douglas Prade. The goal is new DNA testing of bite-mark evidence to overturn his conviction for the 1997 murder of his ex-wife, Dr. Margo Prade.

Four similar cases of erroneous bite-mark evidence were cited by the Innocence Network in the Prade defense brief.

Edmund Burke case: Police arrested Burke in 1998 for the murder of a 75-year-old woman in Walpole, Mass. The woman was strangled, beaten and stabbed, and there was a bite mark on her left breast.

The probable cause for Burke's arrest was the findings of forensic odontologist Dr. Lowell Levine, who was a prosecution witness in Prade's case.

Levine told police that the bite mark in Burke's case matched the evidence on the victim to a ''reasonable degree of scientific certainty.''

Despite Levine's opinion, new DNA analysis of the bite-mark evidence excluded Burke as the source. The case against him later was dismissed.

The killer later was identified by matching the DNA derived from the bite mark to a DNA profile in a national database.

Ray Krone case: Krone, a U.S. Air Force veteran without a criminal history, was convicted of the 1992 murder of a cocktail waitress in Phoenix. He was sentenced to death.

Bite marks were found on the victim's neck and, through her tank top, on her left breast. Two forensic odontologists identified Krone as the biter.

In 2002, new DNA testing of the saliva-stained tank top exonerated Krone.

The new DNA profile was run against the FBI's national database and identified the killer.

Roy Brown case: Brown went on trial and was convicted in 1992 of the murder of a social worker in Auburn, N.Y. Seven bite marks were found on her body.

In 1994, Brown was denied new DNA testing of saliva samples from the victim's nightgown. During the next decade in prison, he learned the identity of the killer, and prosecutors finally agreed to the new DNA testing in 2006.

Those DNA tests confirmed that the saliva samples matched the individual Brown identified as the killer.

Brown was freed in 2007 after 15 years in prison.

Robert Lee Stinson case: Stinson is the most recent person exonerated by new DNA evidence after being convicted on erroneous bite-mark testimony.

He was sentenced to life in prison for the 1984 murder of a 63-year-old woman in Milwaukee. The conviction was supported by the testimony of two forensic odontologists, including one of the experts in the Krone case.

In 2004, prosecutors gave Stinson access to the sweater the victim wore during the attack. New DNA testing detected male saliva that did not belong to Stinson.

Stinson was granted a new trial and released from prison in January. Prosecutors said in July they would not retry him.

''These four cases show that saliva from bite marks can be outcome determinative, especially in the face of a dispute among forensic odontologists as to whether such bite marks are actually a match,'' the Innocence Network states in its brief in Prade's case.

Scheck's brief in the Prade case states that the FBI's national data bank of convicted felons, unsolved crimes and missing persons contains more than 7.13 million DNA profiles, as of June.

That FBI data bank has produced more than 93,000 hits, assisting in more than 91,800 criminal investigations, Prade's brief states.

New York attorney Barry Scheck was part of the defense team that represented O.J. Simpson in his 1995 murder trial.

Attorneys won an acquittal for Simpson in the murders of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.

Scheck, 60, is a co-founder of the nationally renowned Innocence Network. It is dedicated to pro bono criminal cases involving wrongful convictions based on erroneous forensic evidence.

The Innocence Network has filed a brief with the Ohio Supreme Court on behalf of former Akron police Capt. Douglas Prade. The goal is new DNA testing of bite-mark evidence to overturn his conviction for the 1997 murder of his ex-wife, Dr. Margo Prade.

Four similar cases of erroneous bite-mark evidence were cited by the Innocence Network in the Prade defense brief.

Edmund Burke case: Police arrested Burke in 1998 for the murder of a 75-year-old woman in Walpole, Mass. The woman was strangled, beaten and stabbed, and there was a bite mark on her left breast.

The probable cause for Burke's arrest was the findings of forensic odontologist Dr. Lowell Levine, who was a prosecution witness in Prade's case.

Levine told police that the bite mark in Burke's case matched the evidence on the victim to a ''reasonable degree of scientific certainty.''

Despite Levine's opinion, new DNA analysis of the bite-mark evidence excluded Burke as the source. The case against him later was dismissed.

The killer later was identified by matching the DNA derived from the bite mark to a DNA profile in a national database.

Ray Krone case: Krone, a U.S. Air Force veteran without a criminal history, was convicted of the 1992 murder of a cocktail waitress in Phoenix. He was sentenced to death.

Bite marks were found on the victim's neck and, through her tank top, on her left breast. Two forensic odontologists identified Krone as the biter.

In 2002, new DNA testing of the saliva-stained tank top exonerated Krone.

The new DNA profile was run against the FBI's national database and identified the killer.

Roy Brown case: Brown went on trial and was convicted in 1992 of the murder of a social worker in Auburn, N.Y. Seven bite marks were found on her body.

In 1994, Brown was denied new DNA testing of saliva samples from the victim's nightgown. During the next decade in prison, he learned the identity of the killer, and prosecutors finally agreed to the new DNA testing in 2006.

Those DNA tests confirmed that the saliva samples matched the individual Brown identified as the killer.

Brown was freed in 2007 after 15 years in prison.

Robert Lee Stinson case: Stinson is the most recent person exonerated by new DNA evidence after being convicted on erroneous bite-mark testimony.

He was sentenced to life in prison for the 1984 murder of a 63-year-old woman in Milwaukee. The conviction was supported by the testimony of two forensic odontologists, including one of the experts in the Krone case.

In 2004, prosecutors gave Stinson access to the sweater the victim wore during the attack. New DNA testing detected male saliva that did not belong to Stinson.

Stinson was granted a new trial and released from prison in January. Prosecutors said in July they would not retry him.

''These four cases show that saliva from bite marks can be outcome determinative, especially in the face of a dispute among forensic odontologists as to whether such bite marks are actually a match,'' the Innocence Network states in its brief in Prade's case.

Scheck's brief in the Prade case states that the FBI's national data bank of convicted felons, unsolved crimes and missing persons contains more than 7.13 million DNA profiles, as of June.

That FBI data bank has produced more than 93,000 hits, assisting in more than 91,800 criminal investigations, Prade's brief states."

The story can be found at:

http://www.ohio.com/news/70755192.html

Harold Levy...hlevy15@gmail.com;