"A federal appeals courtroom has thrown out a civil rights lawsuit by a
person wrongfully imprisoned for 23 years who claimed a detective and
two dentists conspired to border him with bogus chew mark proof. Robert Lee Stinson was after the Innocence Venture discovered
specialists who rejected the dentists’ conclusions that a chew mark on
the murder sufferer was left by Stinson. He sued the identical yr. In 2010, DNA from the sufferer’s physique led to a special suspect,
who was and finally confessed to the homicide of 63-year-old Ione
Cychosz of Milwaukee. In 2013, a federal decide , and stated a jury ought to determine key information within the matter. However the dentists appealed and this week the seventh U.S. Circuit Courtroom of Appeals dominated of their favor. Writing for a three-judge panel, Decide Diane Sykes stated the dentists have been protected by certified immunity.........Mike Kanovitz, one among Stinson’s attorneys, stated they assume
there are critical errors within the ruling and they’re contemplating
asking the complete seventh Circuit to evaluate the three-judge panel’s
determination."
http://www.suffieldtimes.com/breaking/lawsuit-brought-by-wrongly-imprisoned-man-is-dismissed/55487/
Innocence Project report on the Stinson case: "Robert Lee
Stinson served over 23 years in a Wisconsin prison for a brutal rape and murder
DNA proves he did not commit. He was convicted based on the improper and
unvalidated expert testimony of a bite-mark analyst whose conclusions were
uncontested at trial. The Crime: Early in the morning of November 3, 1984, a neighbor passing through an alley
on his way to work discovered the body of 63-year-old Ione Cychosz in a vacant
lot behind her home. She had been raped, stabbed and beaten to death. Her
clothing was scattered around the lot. Spermatozoa cells were found in a
vaginal wash, but the number of cells retrieved was too few for identification
purposes. Eight bite marks, inflicted prior to death, were also identified on
the victim’s body. The victim was last seen shortly after midnight, only a few hours before the
murder, when a friend had dropped her off and watched her enter her building.
The coroner later estimated that the time of death was between midnight and 2
a.m. The Investigation; After examining the body, dental scientist Dr. Lowell Thomas Johnson worked
with a police sketch artist and determined that the bite-marks on the body must
have come from someone missing an upper front tooth. The police questioned multiple suspects, including two men arrested for violent
sexual assaults shortly after Cychosz was murdered. Both of these men had
missing teeth consistent with Dr. Johnson’s sketch. Police investigators also
visited 21-year-old Robert Lee Stinson, whose backyard was connected to the
vacant lot where Cychosz’s body was discovered. While interviewing Stinson, the
investigators told him a joke, and noticed both a missing front tooth and a
crooked tooth when he laughed. Based on these observations, and his proximity
to the crime scene, Stinson was arrested and charged with murder. Trial: The only physical evidence against Stinson at his 1985 trial was the bite-mark
testimony of two forensic odontologists. Dr. Johnson concluded that the bite
marks “had to have been made by teeth identical” to Stinson’s, and claimed that
there was “no margin for error” in his conclusion. The State also called Dr.
Raymond Rawson, the chairman of the Bite Mark Standards Committee of the
American Board of Forensic Odontologists, who testified that the evidence in
the case was “high quality” and “overwhelming.” However, the prosecution’s
experts failed to note that Stinson was missing a tooth in the place where the
bite marks indicated a dentition. While Stinson’s attorney moved to exclude the bite-mark testimony, he did not
object to the qualifications of the State’s expert witnesses, nor did he call
his own expert to testify, although one had been retained. According to
Stinson’s attorney, he was unable to find qualified experts because Dr. Johnson
had presented the results of his analysis at an odontological conference before
the trial, and therefore many experts felt their analysis had already been
tainted by Dr. Johnson’s conclusions. Stinson also gave inconsistent accounts of his whereabouts at the time of the
murder, but as the prosecution admitted at trial, the crux of their case was
based on the bite mark analysis. After a three-day trial, Stinson was convicted
of first-degree murder on the strength of the forensic testimony, and sentenced
to life in prison. There was no other direct evidence linking him to the
murder. On appeal, Stinson argued that the bite-mark testimony was not credible and
claimed that he had been denied effective assistance of counsel. At trial,
Stinson had attempted to replace his appointed counsel, since his attorney had
only been on the case for two weeks and had not had time to prepare an adequate
defense. Stinson also claimed to have a personality conflict with his attorney.
His appeal was denied, and his conviction was upheld. Post-Conviction: The improper bite-mark testimony would eventually provide the spark that
cleared Stinson, but it took 20 years. The Wisconsin Innocence Project accepted
Stinson’s case in 2005, and sought DNA testing of saliva and blood-stains on
the victim’s sweater, which ultimately excluded Stinson. Yet this would not be
enough. Working with Christopher Plourd, a California forensic science expert
and attorney, the Wisconsin Innocence Project re-examined the bite-mark
evidence and determined that Stinson did not match the indentations. Moreover,
a panel of four nationally recognized experts independently reviewed the
findings and unanimously reached the same conclusion.. Dr. Johnson now works at Marquette University with the prosecutor who tried
Stinson’s case. He stood by his conclusions, as did the prosecutor, who noted
that, “nobody in the state of Wisconsin had done a bite-mark rape-murder case
like this one before…. So we were really reinventing the wheel.” The Milwaukee County District Attorney’s Office did not oppose Stinson’s motion
to overturn his conviction. On January 30, 2009, Circuit Judge Patricia McMahon
granted the motion, and Robert Lee Stinson, then 44, was freed and his
conviction was vacated. He had served more than two decades in prison for a crime
DNA evidence proves he didn’t commit. After his release, the District
Attorney’s office had six months to decide whether or not to retry him.
Finally, at a hearing on July 27, 2009, prosecutors, after undertaking their
own investigation, dropped all charges against Stinson. Since his release, Stinson has moved into his sister’s Milwaukee home with her
children. He also plans on writing a book about his wrongful conviction."
http://www.innocenceproject.org/cases-false-imprisonment/robert-lee-stinson