Flawed Ballistics (1): Patrick Pursley: Illinois; Flawed ballistics; (1): Major Development; State appeals court upholds judge’s decision to grant new trial for man who spent 23 years in prison for 1993 murder he says he did not commit, the Rockfort Register Star reports. Reporter Georgette Braun...."“The appellate court got it right,” said Kevin Murphy of Jenner & Block, a Chicago attorney who represents Pursley. “Patrick has presented new and powerful evidence of his innocence, and a jury will now be allowed to hear that evidence, if the state decides to retry him.” Pursley had mostly been out on bond since Judge Joseph McGraw said new ballistics evidence likely would change the result of a retrial."..."Pursley was arrested several weeks later after police received a Crime Stoppers tip. At his trial, experts said the gun that Pursley was associated with was the only one that could have been used in the shooting. But newly discovered evidence showed that was not the case."

STORY: "Appeals court upholds decision to give Patrick Pursley of Rockford new murder trial," by reporter Georgette Braun, published by the Rockfort Register Star on May 3, 2018.''

SUB- HEADING: "But a judge on Thursday orders Pursley back to jail for a drug-use assessment."
 

ROCKFORD — A state appeals court on Wednesday upheld a Winnebago County judge’s decision a year ago to grant a new trial for a man who spent 23 years in prison for a 1993 murder he says he did not commit. “I feel it sends a clear message,” Patrick Pursley, 52, said Thursday, adding that the decision was made relatively quickly and that is a good sign for him. He made his comments before a court hearing in Winnebago County to consider increasing his bond for testing positive on drug tests. “The appellate court got it right,” said Kevin Murphy of Jenner and  Block, a Chicago attorney who represents Pursley. “Patrick has presented new and powerful evidence of his innocence, and a jury will now be allowed to hear that evidence, if the state decides to retry him.” Pursley had mostly been out on bond since Judge Joseph McGraw said new ballistics evidence likely would change the result of a retrial. Prosecutors had appealed McGraw’s decision to the 2nd District Appellate Court, which is the court that upheld McGraw’s decision. A spokeswoman for the Winnebago County State’s Attorney said prosecutors are reviewing the ruling to decide whether to take an appeal to the state Supreme Court. At the Thursday hearing, McGraw ordered Pursley to turn himself into the Winnebago County Jail on Friday for an in-custody drug-treatment assessment. It will be used to determine whether inpatient or outpatient services at Rosecrance would be best, McGraw said. Pursley had been jailed for a short time in January after he allegedly tried to pass off urine in a bag as his own during a drug test, which he denies. A court official on Thursday ticked off other drug tests that Pursley had failed the past few months. He will next appear before McGraw on Thursday. Pursley was represented in the retrial request by attorneys arranged for through the Center on Wrongful Convictions at Northwestern University. He was convicted in 1994 for the shooting death of Andy Ascher, 22, who was sitting in his car with his girlfriend on Silent Wood Trail in southeast Rockford when a robber approached them and shot Ascher. The suspect was wearing a ski mask. Pursley was arrested several weeks later after police received a Crime Stoppers tip. At his trial, experts said the gun that Pursley was associated with was the only one that could have been used in the shooting. But newly discovered evidence showed that was not the case. Pursley has filed a federal lawsuit alleging that Rockford police officers and forensic scientists from the Illinois State Crime Lab “knowingly fabricated and solicited false evidence implicating (Pursley) in the crime and pursued and obtained (his) conviction using that false evidence.”

The entire story can be found at:

http://www.rrstar.com/news/20180503/appeals-court-upholds-decision-to-give-patrick-pursley-of-rockford-new-murder-trial

Read related post -Illinois Case Questions Bullet Analysis By State Police at the link below: "The scientific analysis of Patrick Pursley’s gun was key evidence in the murder trial that put him behind bars. Nearly two decades later, an expert who initially examined the weapon said he was no longer certain that it was used in the killing. Dan Gunnell, of the Illinois State Police Joliet Forensic Science Laboratory, was one of the experts who examined Pursley’s gun in 1993. Back then, Gunnell was convinced the 9 mm Taurus semi-automatic handgun fired the two bullets that killed Andrew Ascher during a robbery on April 2, 1993 in Rockford. Despite no eyewitness testimony placing Pursley near the scene, he was sentenced to life in a maximum security prison. Pursley maintained his innocence throughout his 23 years behind bars. After numerous appeals, a judge ordered in 2011 that state police retest Pursley’s gun. After testing the gun again, Gunnell told the court that he “would not testify the same way today.” Upon review, other state experts also called the results inconclusive. A judge vacated Pursley’s conviction in March 2017, which means he is free on bond while a panel of judges decides if the state can try him again. On Wednesday, those judges will hear arguments about ballistics evidence, officially called firearm and toolmark examination."

 https://www.wbez.org/shows/wbez-news/illinois-case-questions-bullet-analysis-by-state-police/1469d214-baa8-4c64-b81d-7cab90985eb8

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.