Thursday, July 18, 2013

Joseph Buffey: West Virginia; DNA evidence excludes him - and matches another man; Yet prosecution believes in the face of contradictory evidence that there was a second attacker! Court reserves decision after a three-day hearing;

STORY: "Will DNA evidence exonerate Joseph Buffey in West Virginia?" by Jeff Chinn, published by the California Innocence Project on July 15, 2013.

GIST: "Last week, Harrison Circuit (W.VA.) Judge Thomas Bedell heard evidence supporting the innocence claim of Joseph Buffey.   Buffey was convicted for the robbery and sexual assault of an elderly woman in 2001.  Last December, we reported that prosecutors still believed in Buffey’s guilt even though DNA tests excluded Buffey and matched another man, Adam Bowers......... The state agrees that Bowers is a suspect but have a theory that there were multiple attackers (even though the victim said there was only one attacker).   The local paper reports that: “Buffey took the stand Friday, following testimony earlier in the hearings from his former attorney, Tom Dyer, as well as ex-prosecutor John Scott, two DNA experts and a former appeals attorney.  Buffey, 30, of Clarksburg, was adamant that he wasn’t involved and that he didn’t even know Bowers in 2001.”.........To me, this case hinges on whether the prosecution can convince the judge that there was more than one perpetrator.  However, the original conviction rested only on Buffey’s confession, which his attorneys say contained statements inconsistent with the facts.  In addition, the victim herself could not identify Buffey, even though the attacker spent several hours with her. "

The entire story can be found at:


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