COMMENTARY: "Injustices multiplied' by published by The Post-Register on March 26, 2017. (Greg Hampikian, Ph.D. is a professor of biology and criminal justice at Boise State University and director of the Idaho Innocence Project. Jennifer Cummins, Esq., is an attorney with the Idaho Innocence Project.) Thanks to Forensic Magazine for bringing this article to our attention. HL);
GIST: "Christopher
Tapp was finally freed from prison after more than 20 years. Prosecutor
Danny Clark has released a statement in which he attempts to explain
the actions of his office in dropping all counts of rape against Mr.
Tapp, but leaving in place the murder conviction (with a deadly-weapon
enhancement). Clark’s statement unfortunately does not explain this
split, which is peculiar since all of the same forensic evidence used to
dismiss the rape charge equally demonstrate that Mr. Tapp had nothing
to do with the murder of Miss Dodge. The DNA analysis requested by the
Idaho Innocence Project has produced clear results that exclude Mr. Tapp
from everything tested. The tests also exclude all of the other
suspects that were part of the prosecution theory of the crime. More
importantly, the scientific evidence tells a very clear story—one that
was totally ignored by the prosecutor’s statement. Mr. Tapp is not on any of the evidence in this case, but one man
is—in every single profile. First of all, his semen was recovered from
the victim’s body—before Mr. Tapp’s trial. We now know, through testing
requested by the Chris’s legal team (and the victim’s mother), that the
same man left a pubic hair on the victim’s face. In DNA analysis
completed during the last year—requested by the government—we have also
learned that the same single perpetrator contributed DNA to clothing the
victim was wearing—both her sweatpants and her sweatshirt. Most
recently, in conjunction with a request by the IIP, the prosecutor had
key items of the prosecution’s theory tested using the most modern
techniques available (including MVac). This is key, since the confession
that was spoon-fed to Mr. Tapp (in exchange for an immunity agreement)
had Mr. Tapp contacting the victim and her possessions in three places.
He held down her hands, he stabbed her once through her shirt and wiped
his hands on the shirt, and he moved her teddy bear. It was clear from
the crime scene that she had been stabbed through her shirt, and that
the teddy bear had been moved. Fortunately, the clothing and bear were
preserved, and swabs from the victim’s hands had been taken but never
tested. We agreed with the prosecution that these were the key items that
should be analyzed with the most modern technology possible. These items
would either show the truth of the prosecution’s theory, or finally put
it to rest. When the results were known, they produced a clear picture
of what happened. None of the state’s suspects (including Chris Tapp)
were on any of the evidence, but in a remarkably clear set of results,
the semen donor was consistently on all of them. We now know who moved
Angie’s teddy bear, left DNA on her shirt, and restrained her—leaving
his DNA on each hand. For 10 years, we have fought to demonstrate in open court that Mr.
Tapp is innocent of murdering Angie Dodge. During that same time, the
county continued to test evidence in this case (apparently looking for
Mr. Tapp’s DNA). We had just received the final results, when Chris Tapp
was offered a deal. He could be freed, without the delays of hearings, a
new trial, and possible appeals by the county. Apparently, the
prosecutor had realized the absurdity of Mr. Tapp’s rape conviction
given all the DNA results, and agreed to drop the rape conviction. But
those same results also clear Mr. Tapp of murder. The state tested Miss
Dodge’s sweatpants, nightshirt, the pubic hair, her hands and the teddy
bear—not just for evidence of rape, but because those are all the places
they concluded the murderer had touched. There is nothing wrong with having an opinion about how a murder was
committed, it is the first part of reasoning: hypothesis. But to ignore
one’s own results, is to employ neither science nor common-sense. Could
the paradox of Tapp’s murder conviction have anything to do with an
exoneree’s right to sue? A right which Mr. Tapp had to surrender as part
of his deal with the county. The courtroom is about the whole truth and nothing but
the truth. A prosecutor’s obligation is to seek justice, not to uphold
convictions. Indeed, the prosecutor has an ethical obligation to see
that wrongful convictions are overturned, and Mr. Clark fulfilled that
duty in dropping the rape charge against Mr. Tapp after 20 years. But
the first lesson of logic is that half-truth is not truth. Justice for
Chris Tapp is not simply finding him not-guilty of rape or murder. The DNA did not say that
he was not-guilty of rape, it said he was not on any evidence—and
another other man was. That man held down both of Angie Dodge’s hands,
he left semen on her body and a pubic hair on her face, his DNA is on
the shirt through which she was stabbed, and he moved her teddy bear.
One man is on every piece of evidence in this case—not just the rape
evidence. Rape and murder. Truth and nothing but the truth. You cannot
remedy one injustice with another."
The entire commentary can be found at:
The entire commentary can be found at:
See Forensic Magazine at the link below: "Hampikian told Forensic Magazine in an interview today that the final Y-STR analysis from the semen matched every other DNA sample from the scene, including those on the stuffed animal, the clothing, and the fingers. That Y-STR profile did not match Tapp, or either of the other two persons of interest in the case in 1996. "It matched all the other evidence - it was an absolutely beautiful DNA case," said Hampikian. "All of their evidence is completely debunked. They obviously weren't interested in solving this.""
http://www.forensicmag.com/news/2017/03/idaho-man-cleared-rape-resentenced-1996-murder-released-prison?et_cid=5893077&et_rid=979655504&type=headline&et_cid=5893077&et_rid=979655504&linkid=http%3a%2f%2fwww.forensicmag.com%2fnews%2f2017%2f03%2fidaho-man-cleared-rape-resentenced-1996-murder-released-prison%3fet_cid%3d5893077%26et_rid%3d%%subscriberid%%%26type%3dheadline
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/