PUBLISHER'S NOTE: I adopt the words of the formidable Ohio criminal defence lawyer/blogger Jeff Gamso..."JUST TEST THE FUCKING DNA."
http://gamso-forthedefense.blogspot.com/2018/05/what-is-truth-said-jesting-pilate.html
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"COMMENTARY: How Texas courts can do more to avoid wrongful convictions," by Mike Ware, published by The American-Statesman on August 14, 2018. (Michael Ware is the executive director of the Innocence Project of Texas.)
PASSAGE OF THE DAY: "This summer, journalist Pam Colloff authored a series of articles in the New York Times with ProPublica, tracing the history of the Bryan case and detailing how the state’s bloodstain pattern evidence was presented by an unqualified witness and was scientifically invalid. Colloff’s reporting has once again focused national attention on Texas and our criminal justice system. Unfortunately, despite the tremendous progress made statewide to free innocent people from prison and address the causes of wrongful convictions, this time the Texas official with the power to do the right thing has refused to do so. Adam Sibley, the Bosque County district attorney, is the prosecutor in the Bryan case. Sibley was not in this position 30 years ago when Bryan was convicted, but he was the assistant DA in this county since July 2012 and has been the DA since January 2017. Sibley has steadfastly refused to consider the possibility of Bryan’s innocence, opposing DNA testing of crucial evidence. Someone murdered Joe Bryan’s wife, and that person’s DNA may be found on this evidence — evidence that may both identify the true murderer and add to the strong case of Bryan’s innocence."
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GIST: On Monday, there will be a hearing for Joe Bryan in the Comanche County Courthouse in Comanche. For
the last 30 years, Bryan has been in prison based on a highly
questionable conviction for killing his wife. Bryan, a highly regarded
high school principal in Clifton, is now 77 years old and has never
wavered in his innocence. Recent attention on his case has further solidified the strong case
for Bryan’s innocence. Last month, the Texas Forensic Science Commission
held a hearing concerning the bloodstain pattern evidence presented in
this case. This evidence was the linchpin of the prosecution case and
has been strongly challenged by Bryan’s attorneys. At the hearing, the
commission received testimony from the Montgomery County sheriff’s
office that the bloodstain pattern evidence presented at Bryan’s trial
was “egregiously wrong.” This hearing followed years of litigation on Bryan’s behalf by
Waco attorneys Walter Reaves and Jessica Freud. The attorneys presented
evidence that:
• Bryan could not have committed this murder, because he was over 100 miles away from Clifton attending a principals’ conference in Austin.
• There was absolutely no reason for Bryan to harm his wife.
• The state relied on junk science to obtain a conviction. Moreover, there is evidence pointing to another suspect as the most likely perpetrator of this murder.
This summer, journalist Pam Colloff authored a series of articles in the New York Times with ProPublica, tracing the history of the Bryan case and detailing how the state’s bloodstain pattern evidence was presented by an unqualified witness and was scientifically invalid. Colloff’s reporting has once again focused national attention on Texas and our criminal justice system. Unfortunately, despite the tremendous progress made statewide to free innocent people from prison and address the causes of wrongful convictions, this time the Texas official with the power to do the right thing has refused to do so. Adam Sibley, the Bosque County district attorney, is the prosecutor in the Bryan case. Sibley was not in this position 30 years ago when Bryan was convicted, but he was the assistant DA in this county since July 2012 and has been the DA since January 2017. Sibley has steadfastly refused to consider the possibility of Bryan’s innocence, opposing DNA testing of crucial evidence. Someone murdered Joe Bryan’s wife, and that person’s DNA may be found on this evidence — evidence that may both identify the true murderer and add to the strong case of Bryan’s innocence. Texas has had over 50 DNA exonerations, with almost half of them from Dallas County. Many of the Dallas County exonorees had their initial requests for DNA testing thwarted, even with the passing of the 2001 testing bill, and delayed by prosecutors using the same tactics Sibley is using. In a number of cases where DNA testing was finally allowed, the evidence showed that the real perpetrators of the offense had gone on to commit other offenses. Michael Morton from Texas, one of the best-known exonerees in the country, had the same experience, languishing in prison for decades, while prosecutors used the same tactics Sibley is using to fight against DNA testing in Bryan’s case. When Morton finally received the DNA test, it both cleared him and identified the person who killed his wife. The criminal justice system in Texas has undergone an evolution in the last decade. The current district attorneys in the five largest counties in the state — Dallas, Harris, Tarrant, Bexar and Travis — have formed Conviction Integrity Units within their offices to address wrongful convictions. As a result, prosecutors in Texas rarely oppose DNA testing as they did in the past. Sibley’s position is unjustified legally and morally. Texans, including prosecutors, have stepped up to deal with the problem of wrongful convictions. The results have been impressive. Hopefully, Sibley will study this history and join most Texas prosecutors who take seriously their oath to seek justice."
The entire commentary an be read at:
https://www.mystatesman.com/news/opinion/commentary-how-texas-courts-can-more-avoid-wrongful-convictions/2GKH9DkDRHxWUtDYAqI7yM/
• Bryan could not have committed this murder, because he was over 100 miles away from Clifton attending a principals’ conference in Austin.
• There was absolutely no reason for Bryan to harm his wife.
• The state relied on junk science to obtain a conviction. Moreover, there is evidence pointing to another suspect as the most likely perpetrator of this murder.
This summer, journalist Pam Colloff authored a series of articles in the New York Times with ProPublica, tracing the history of the Bryan case and detailing how the state’s bloodstain pattern evidence was presented by an unqualified witness and was scientifically invalid. Colloff’s reporting has once again focused national attention on Texas and our criminal justice system. Unfortunately, despite the tremendous progress made statewide to free innocent people from prison and address the causes of wrongful convictions, this time the Texas official with the power to do the right thing has refused to do so. Adam Sibley, the Bosque County district attorney, is the prosecutor in the Bryan case. Sibley was not in this position 30 years ago when Bryan was convicted, but he was the assistant DA in this county since July 2012 and has been the DA since January 2017. Sibley has steadfastly refused to consider the possibility of Bryan’s innocence, opposing DNA testing of crucial evidence. Someone murdered Joe Bryan’s wife, and that person’s DNA may be found on this evidence — evidence that may both identify the true murderer and add to the strong case of Bryan’s innocence. Texas has had over 50 DNA exonerations, with almost half of them from Dallas County. Many of the Dallas County exonorees had their initial requests for DNA testing thwarted, even with the passing of the 2001 testing bill, and delayed by prosecutors using the same tactics Sibley is using. In a number of cases where DNA testing was finally allowed, the evidence showed that the real perpetrators of the offense had gone on to commit other offenses. Michael Morton from Texas, one of the best-known exonerees in the country, had the same experience, languishing in prison for decades, while prosecutors used the same tactics Sibley is using to fight against DNA testing in Bryan’s case. When Morton finally received the DNA test, it both cleared him and identified the person who killed his wife. The criminal justice system in Texas has undergone an evolution in the last decade. The current district attorneys in the five largest counties in the state — Dallas, Harris, Tarrant, Bexar and Travis — have formed Conviction Integrity Units within their offices to address wrongful convictions. As a result, prosecutors in Texas rarely oppose DNA testing as they did in the past. Sibley’s position is unjustified legally and morally. Texans, including prosecutors, have stepped up to deal with the problem of wrongful convictions. The results have been impressive. Hopefully, Sibley will study this history and join most Texas prosecutors who take seriously their oath to seek justice."
The entire commentary an be read at:
https://www.mystatesman.com/news/opinion/commentary-how-texas-courts-can-more-avoid-wrongful-convictions/2GKH9DkDRHxWUtDYAqI7yM/
