BACK GROUND: (From Joe Bryan's last (unsuccessful) parole hearing): At an evidentiary hearing last year in Comanche, Texas, Bryan’s attorneys presented new evidence that jurors who convicted him never heard — most notably, that the forensic testimony used to convict him was erroneous. “My conclusions were wrong,” retired police Detective Robert Thorman, who performed the bloodstain-pattern analysis in the case, wrote in a sworn affidavit submitted to the court. “Some of the techniques and methodology were incorrect. Therefore, some of my testimony was not correct.” Last July, before the hearing, the Texas Forensic Science Commission — which investigates complaints about the misuse of forensic testimony and evidence in criminal cases — announced that the blood-spatter analysis used to convict Bryan was “not accurate or scientifically supported.” In December, however, Judge Doug Shaver, who presided over the evidentiary hearing, recommended that Bryan’s conviction stand, and that he not be granted a new trial. Shaver adopted the prosecution’s findings in their entirety."Pamela Colloff: ProPublic: April 5, 2019: “Blood will tell: Joe Bryan denied parole for the seventh time: Although a forensic expert who testified against him admitted his conclusions were wrong, Bryan will remain behind bars.."
-------------------------------------------------------------
PASSAGE OF THE DAY: "In a court hearing in Comanche in 2018, the Texas Forensic Science Commission said evidence used to convict Bryan in 1985 was “absolutely unreliable.”Having studied the Bryan case for more than a year, the commission announced the science used to convict him was “junk science” and was totally unreliable. A surprising analysis of the blood spatter revealed that what prosecutors in 1985 said was proof Bryan held his flashlight in one hand and his .357 magnum in the other when he shot his wife, may not have been blood, at all. "----------------------------------------------------------------
STORY: "Ex-Central Texas principal convicted of killing wife wins parole," by Reporter Paul J. Gately, published by KWTX on March 20, 2020. (Thanks to The Marshall Project for drawing this story to our attention. HL):
GIST: "Former Clifton High School Principal Joe D. Bryan, who’s spent the past 35 years in prison for his wife’s murder, was ordered paroled Thursday after the state board of pardons and paroles acted on his case. The state Board of Pardons and Paroles approved parole for Bryan after seven times denying his requests, citing the brutal nature of the 1985 shooting death of his wife, Mickey, an elementary school teacher, concluding that the 78-year-old posed “a continuing threat to public safety.” He won’t be released immediately; there are several steps he has to complete before he can walk out, a parole board spokeswoman said. Throughout the past 35 years, Bryan has maintained his innocence but in spite of court hearings and recantation of original trial testimony, the state’s highest court has several times denied any relief. In January, Bryan’s lost a bid for release after the Texas Court of Criminal Appeals again rejected his motion for habeas corpus. In a court hearing in Comanche in 2018, the Texas Forensic Science Commission said evidence used to convict Bryan in 1985 was “absolutely unreliable.”Having studied the Bryan case for more than a year, the commission announced the science used to convict him was “junk science” and was totally unreliable. A surprising analysis of the blood spatter revealed that what prosecutors in 1985 said was proof Bryan held his flashlight in one hand and his .357 magnum in the other when he shot his wife, may not have been blood, at all. Reeves, in a story on Bryan’s appeal published June 12, 2018, said “without doubt, there is less evidence in this case than any other one I’ve dealt with over 35 years and on a scale of 1-to-10 the evidence presented in Bryan’s trials was seriously lacking.”
The entire story can be read at:
https://www.kwtx.com/content/news/Ex-Central-Texas-principal-convicted-of-killing-wife-wins-parole-568966001.html
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;
-----------------------------------------------------------------
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
------------------------------------------------------------------
