Friday, April 28, 2017

Patrick Pursley; Illinois; Free on bond while awaiting appeal and new trial after 23 years behind bars: Reporter Georgette Braun; RR Star; 27 April, 2017....From previous RR Star story: "A forensic scientist, during a hearing today before Winnebago County Chief Judge Joseph McGraw, backed off testimony from 1994 credited with convicting a Rockford man on charges of first-degree murder. Daniel Gunnell, now an assistant director of the Illinois State Police Joliet Forensic Science Laboratory, worked as a state crime lab firearms and toolmark scientist at the time of the murder trial. Gunnell concluded that bullets and two spent shell casings found at the crime scene had come from a Taurus 9 mm semiautomatic pistol recovered from the apartment of Patrick A. Pursley — a man sentenced to life in prison but who has for years proclaimed his innocence. Gunnell testified at the time that microscopic markings on the recovered bullets and shell casings, compared with test-fired bullets and casings, showed they had been fired by Pursley’s Taurus handgun “to the exclusion of all others.” New tests have called Gunnell’s 1994 testimony into question."

 
"Patrick Pursley emerged from the Winnebago County Justice Center this afternoon free on bond after being imprisoned for 23 years for the shooting death of Andy Ascher. Pursley, 51, will live with his fiance, Michelle Carr, in an apartment in Rockford as a condition of his bond while he awaits an appeal made by prosecutors and a new trial granted in March by Judge Joseph McGraw. Pursley was serving a life sentence at Stateville Correctional Center in Joliet."
 http://www.rrstar.com/news/20170427/patrick-pursley-free-on-bond-while-awaiting-appeal-and-new-trial-in-1993-rockford-murder

See related (December 13, 2016)  story at the link below: "A forensic scientist, during a hearing today before Winnebago County Chief Judge Joseph McGraw, backed off testimony from 1994 credited with convicting a Rockford man on charges of first-degree murder. Daniel Gunnell, now an assistant director of the Illinois State Police Joliet Forensic Science Laboratory, worked as a state crime lab firearms and toolmark scientist at the time of the murder trial. Gunnell concluded that bullets and two spent shell casings found at the crime scene had come from a Taurus 9 mm semiautomatic pistol recovered from the apartment of Patrick A. Pursley — a man sentenced to life in prison but who has for years proclaimed his innocence. Gunnell testified at the time that microscopic markings on the recovered bullets and shell casings, compared with test-fired bullets and casings, showed they had been fired by Pursley’s Taurus handgun “to the exclusion of all others.” New tests have called Gunnell’s 1994 testimony into question. Gunnell today said he had revisited the evidence himself in 2012. He still maintains the shell casings were more than likely fired by that particular gun. But his new review of the bullets — which is consistent with the conclusions of a new court-ordered examination of the evidence by the state crime lab — were inconclusive. Gunnell now says there is not enough evidence to prove conclusively that the Taurus fired the bullets, but neither could the gun be eliminated as the weapon that fired them. And Gunnell said that even if he had reached the same conclusions as he did in 1994, he would no longer describe the evidence the way he did then because of changing industry standards. Instead, he would tell jurors that his tests had concluded the bullets matched to a “reasonable degree of scientific certainty.” The testimony was so strongly worded in 1994 that it denied Pursley a fair trial and “turned a weak and collapsing case based on circumstantial evidence into a case purportedly built upon a solid forensic foundation,” Pursley’s lawyers, Steven Drizin and Andrew Vail, told McGraw in their written post-conviction petition. Pursley insists he is innocent in the slaying of 22-year-old Andrew Ascher, who was shot and killed during an attempted armed robbery."
http://www.rrstar.com/news/20161213/gun-expert-revises-testimony-that-helped-convict-rockford-man-of-murder

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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;