A man sentenced to death in the rape and killing of an 82-year-old
woman is pursuing a new trial by renewing a legal challenge on evidence
from a bite mark on the victim that was used to convict him. Eddie
Lee Howard Jr.'s defense attorneys have filed briefs with the
Mississippi Supreme Court, arguing bite-mark evidence has been
discredited in many legal circles since Howard's conviction. However,
prosecutors say Howard cannot bring up the issue in a new appeal because
he had already raised it once and it was rejected by the courts. The Mississippi Supreme Court will hear oral arguments in the case on June 23. An
Associated Press analysis in 2013 found that at least two dozen
defendants either convicted or charged with rape and murder using bite
mark evidence have been exonerated since 2000 — many after spending more
than a decade in prison. Howard, now 61, was tried twice in
Lowndes County for the 1992 rape and stabbing death of 82-year-old
Georgia Kemp of Columbus. Evidence against him included bite marks on
the woman's body; a dentist testified they matched impressions of
Howard's teeth.......... In Howard's new claim, the Mississippi Innocence Project at the
University of Mississippi Law School again attacks the bite-mark
evidence and the testimony of Dr. Michael West, a forensic odontologist.
Howard's attorney argues his client was denied a fair trial because
West's testimony was false and misleading and based on "junk science." "The
State's continued defense of Eddie Lee Howard's conviction and his
death sentence is nothing more than a request that this Court elevate
magic above law," attorney William T. Carrington with the Innocence
Project wrote in briefs.
Carrington said West's testimony was the only physical evidence presented at Howard's trial. "Over
the past decade, the field of bite mark identification has devolved
from a favored forensic science admitted in courts throughout the United
States to a craft of forensic charlatanism," he said....... A small, mostly ungoverned group of dentists carry out bite mark
analysis and their findings are often key evidence in prosecutions, even
though there is no scientific proof that teeth can be matched
definitively to a bite into human skin. DNA has outstripped the
usefulness of bite mark analysis in many cases: The FBI doesn't use it
and the American Dental Association does not recognize it. Supporters
of the method, which involves comparing the teeth of possible suspects
to bite mark patterns on victims, argue it has helped convict child
murderers and other notorious criminals, including serial killer Ted
Bundy. They say problems that have arisen are not about the method, but
about the qualifications of those testifying, who can earn as much as
$5,000 a case."
http://www.clarionledger.com/story/news/2015/06/06/death-row-challenges-evidence/28597663/