PUBLISHER'S NOTE: This post is part of a series I am running on DNA related issues. The issues in the series include flawed DNA tests (false positives really happen); opposition by prosecutors and appeal courts to post conviction testing (even after setting a date for execution); access to the source code for New York City’s proprietary DNA software, which some scientists and defense lawyers contend may be inaccurate in matching a defendant to a complex sample of genetic material; New York City's vast, ever-growing, unregulated DNA database that police are already using to connect suspects to evidence from crime scenes across the five boroughs; Untested rape kits. (Bad for victims; bad for innocent accused persons who could be exonerated by the DNA tests); Lots of grist for our mill.
Harold Levy: Publisher; The Charles Smith Blog.
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PUBLISHER'S NOTE: I found myself getting angrier and angrier as I read about the manner in which Texas prosecutors, backed up time after time by the state's highest criminal court, have obstructed further DNA tests in circumstances that cry out for testing - especially when the evidence points towards innocence and a man's life is at stake. This is a horrible, disturbing case. Bravo to reporter Jordan Smith for bringing it to public attention once again - before November 16, 2017, when Larry Swearingen is now scheduled to be executed.
Harold Levy: Publisher: The Charles Smith Blog;
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STORY: "Texas Schedules Execution but Refuses DNA Tests That Could Prove a Man’s Innocence," by reporter Jordan Smith, published by The Intercept on September 25, 2017.
GIST: "When hunters walking in the piney woods of Sam Houston National Forest in East Texas found
the body of 19-year-old Melissa Trotter on January 2, 1999, her jeans
were torn and her shirt was pulled up. There was tissue damage on her
face from scavenging animals and a length of pantyhose, which had been
used to strangle her, was tied around her neck. Trotter had been missing since December 8, 1998, when she disappeared
from the Montgomery County community college where she was a first-year
student. Three days later, on unrelated warrants, the police arrested
Larry Swearingen, a 27-year-old unemployed electrician with a young
family and a history of run-ins with the law. Police suspected
Swearingen was Trotter’s killer. He had been seen talking with Trotter
two days before her disappearance outside a local store near Lake
Conroe, which abuts the national forest. On the day she went missing, he
was seen chatting with her in the college library. After the body was found some three weeks later, Swearingen was
charged with Trotter’s kidnapping, sexual assault, and murder. There was
little in the way of hard evidence to back up the charges. In addition
to the two times he was seen talking to Trotter prior to her
disappearance, the state pointed to a lie he told, claiming he didn’t
know who Trotter was, and to a letter he wrote while jailed in which he
pretended to be someone else and claimed knowledge about the murder that
officials said only the killer would know. In 2000, Swearingen was tried for the crime and sentenced to death. Nearly 20 years after the murder, he maintains his innocence, and for
more than a decade he has been fighting to clear his name, in part by
repeatedly requesting that key crime scene evidence be subjected to DNA
testing. While the state’s case against him was built on circumstantial
evidence, there was also a trove of physical evidence that
prosecutors seemingly either ignored or dismissed. Trotter’s clothes were never tested for DNA, nor were the swabs
contained in the rape kit collected from her body. There were cigarette
butts found at the scene that could have been swabbed for saliva.
Even the length of pantyhose — the murder weapon — was never subjected
to DNA testing. The state insisted that the length of hose matched a second piece of
hosiery retrieved from the trailer home Swearingen shared with his wife,
Terry. But the hose from the trailer wasn’t found until weeks after
Trotter’s body was discovered, after police had conducted two exhaustive
searches of the Swearingen property. And instead of submitting either
piece for DNA testing, the state had a forensic analyst line them up
side by side to determine visually whether they came from the same pair
of hosiery — the kind of subjective forensic pattern analysis that
raises serious concerns
about scientific validity and reliability. At Swearingen’s trial, the
analyst testified that the two lengths of hose matched “to the exclusion
of all other pantyhose.” According to court filings, evidence that was tested pointed away
from Swearingen. DNA collected from a cigarette butt found in
Swearingen’s trailer that prosecutors claimed belonged to Trotter
excluded her as the donor. And DNA developed from blood found in
fingernail scrapings taken from Trotter’s body at autopsy excluded
Swearingen, revealing instead the profile of an unknown male. To explain that away, the state offered several theories — one of the
cops present at the autopsy might have cut himself shaving that morning
and the blood somehow wound up under Trotter’s nails; or maybe the
blood of an investigator was blown under her nails by the whirring
blades of a helicopter searching the forest for her body. To date, Texas’s highest criminal court, the Court of Criminal
Appeals, has sided with the state, concluding that the “mountain” of
circumstantial evidence against Swearingen outweighs the potentially
probative value of DNA evidence. The court has denied his request for
testing four times — highlighting a confounding, if not obstructionist,
approach to requests made for post-conviction DNA testing under state
law."
Jordan Smith is one the finest reporters on the Texas criminal justice system that I have ever encountered. Read her entire story at the link below:
Jordan Smith is one the finest reporters on the Texas criminal justice system that I have ever encountered. Read her entire story at the link below:
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/c