PASSAGE OF THE DAY: "A DNA scientist from Boise State University, Greg Hampikian, had been monitoring the case. Recently, he sent the DNA evidence to be analyzed by probablistic genotyping software -- a relatively new tool that interprets DNA mixtures with computer science and advanced math, the Georgia Innocence Project says. The software is the same tool that the Georgia Bureau of Investigation began using two years ago for DNA mixtures. The new analysis determined a random African-American's DNA is 1,800 times more likely than Robinson's DNA to explain the evidence mixture, the nonprofit said. Armed with this, Robinson filed for a new trial in September. It turned out a new trial wasn't needed. A district attorney who was new to the case re-examined the evidence and supported Robinson's defense team in asking a judge to dismiss the conviction. Georgia law says that testimony given by an incentivized witness -- such as the attacker who received a lesser sentence for testifying against Robinson -- is insufficient for conviction if it is not corroborated. The DNA evidence had been the only corroboration in Robinson's case, the nonprofit said."
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PUBLISHER'S NOTE: Thanks to Grits for Breakfast - one of my favorite criminal justice blogs - for drawing this DNA-mixture case to our attention. However, as Grits points out, "Grits is increasingly convinced the DNA-mixture mess is a much bigger deal than anyone in the justice system is acknowledging yet." While there was welcome news in the Kerry Robinson case, I can't help but wonder how many other mixed-Dna cases are out there where innocent people are languishing behind bars because of oh-so-convincing prosecution expert evidence - as in the Robinson trial - where, as Grits put it, "The analyst first said he couldn't conclude whether evidence included Robinson's, but then said it was unlikely that the similarities could be explained by random chance."
Harold Levy: Publisher: The Charles Smith Blog.
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QUOTE ONE OF THE DAY: ""We are thrilled to see this unjust conviction finally corrected," Georgia Innocence Project Executive Director Clare Gilbert said. "The factors that led to Kerry Robinson's conviction -- flawed forensics and false testimony from an incentivized cooperator -- are present in so many wrongful conviction cases. Our fight continues on behalf of the many innocent men and women who remain imprisoned in Georgia."
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QUOTE TWO OF THE DAY: "Fifteen minutes of flawed DNA forensic testimony took almost 18 years to correct in this case," Hampikian, the Boise State scientist, said Wednesday. "My hope is that labs and lawyers will take notice, and re-examine these complex DNA mixture cases that can mistakenly imprison the innocent."
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STORY: "Thanks to a new DNA analysis, a Georgia man is exonerated of rape and freed from prison after 17 years, by reporters Jason Hanna and Nick Valencia, published by CNN on January 20, 2020.
GIST: "A
Georgia man who served 17 years of a 20-year sentence has been
exonerated from his rape conviction and released from prison, after a
judge agreed that new analysis of DNA evidence clears him. Kerry
Robinson, 44, walked out of prison in southern Georgia on Wednesday and
into the arms of his sister, his son and other supporters, hours after a
Colquitt County judge vacated his 2002 conviction and sentence. "Modern
DNA technology has further confirmed what we've known for a long time:
Kerry Robinson is an innocent man," one of his lawyers, Rodney Zell,
said in a news release from the Georgia Innocence Project, which helped push for Robinson's exoneration. "I
am so grateful that new technology is finally able to meet the
incredibly high thresholds for righting wrongful convictions in
Georgia," Zell said. The
key, supporters say, was new analysis of the very DNA evidence that was
used to convict him. In other words: New technology shows that the
interpretation presented at trial was wrong, and that in fact Robinson's
DNA is not there, the project says.
Robinson's
conviction stemmed from a case in 1993, when three young men raped a
woman at gunpoint at her home in Moultrie, about 40 miles north of the
Florida state line.
From pictures in a junior high school yearbook, the woman identified one attacker who would later be convicted. But
that attacker accused Robinson of being involved -- which Robinson
denied. Robinson has said he thinks the attacker implicated him because
Robinson had reported him to police in a different investigation,
according to the Georgia Innocence Project, a nonprofit that aims to
overturn wrongful convictions. The rape survivor never identified Robinson as a perpetrator, the nonprofit says.
The 2002 trial
Robinson's trial was delayed until 2002. The convicted attacker testified against Robinson, and received a lesser sentence for his cooperation, the nonprofit says. Robinson's
trial then focused on DNA evidence collected in investigators' sexual
assault kit. The kit included a mixture of DNA for up to four people --
two of whom were the survivor herself, and the attacker that she
identified from the yearbook, experts testified. An
analyst then testified that the small amount of unaccounted-for DNA had
similarities to Robinson's DNA. The analyst first said he couldn't
conclude whether evidence included Robinson's, but then said it was
unlikely that the similarities could be explained by random chance,
according to the nonprofit. A jury convicted Robinson and a judge sentenced him to 20 years, but he maintained he was innocent.
A scientist refutes the initial DNA analysis, and an exoneration follows
A DNA scientist from Boise State University, Greg Hampikian,
had been monitoring the case. Recently, he sent the DNA evidence to be
analyzed by probablistic genotyping software -- a relatively new tool
that interprets DNA mixtures with computer science and advanced math,
the Georgia Innocence Project says. The software is the same tool that the Georgia Bureau of Investigation began using two years ago for DNA mixtures. The
new analysis determined a random African-American's DNA is 1,800 times
more likely than Robinson's DNA to explain the evidence mixture, the
nonprofit said. Armed with this, Robinson filed for a new trial in September. It turned out a new trial wasn't needed. A
district attorney who was new to the case re-examined the evidence and
supported Robinson's defense team in asking a judge to dismiss the
conviction. Georgia law says that
testimony given by an incentivized witness -- such as the attacker who
received a lesser sentence for testifying against Robinson -- is
insufficient for conviction if it is not corroborated. The DNA evidence
had been the only corroboration in Robinson's case, the nonprofit said.Superior
Court Judge Brian McDaniel of Georgia's Southern Judicial Circuit ruled
Wednesday the new DNA analysis exonerated Robinson, and the conviction
was vacated. "I find and the State
agrees that justice requires that Kerry Robinson's conviction of
February 26, 2002, is immediately vacated and his sentence is voided and
set aside," McDaniel wrote in the consent order. "Fifteen
minutes of flawed DNA forensic testimony took almost 18 years to
correct in this case," Hampikian, the Boise State scientist, said
Wednesday. "My hope is that labs and lawyers will take notice, and
re-examine these complex DNA mixture cases that can mistakenly imprison
the innocent."Robinson
and his family have declined to talk to reporters about his release,
for now. He will be staying with relatives in southern Georgia, the
nonprofit said. "We are thrilled to
see this unjust conviction finally corrected," Georgia Innocence
Project Executive Director Clare Gilbert said. "The factors that led to
Kerry Robinson's conviction -- flawed forensics and false testimony from
an incentivized cooperator -- are present in so many wrongful
conviction cases. Our fight continues on behalf of the many innocent men
and women who remain imprisoned in Georgia.""
The entire story can be read in its entirety at the link below:
https://www.cnn.com/2020/01/10/us/georgia-kerry-robinson-released/index.html
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https://www.cnn.com/2020/01/10/us/georgia-kerry-robinson-released/index.html
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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;
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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;
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