Tuesday, February 23, 2021

Ray Krone; Arizona: Junk bite-mark 'evidence: 'National Geographic Magazine' describes how in 2002, he became the 100th man to be exonerated from death row - following his conviction for murder after the prosecution relied on faulty bite-mark evidence..."Based on little more than the testimony of a dental analyst who said the bite marks on the victim’s body matched Krone’s misaligned front teeth, a jury found Krone guilty. He was sentenced to death."


PASSAGE OF THE DAY:  "Investigators said the distinctive misalignment of Krone’s teeth matched bite marks on the victim’s body. Media reports would soon derisively refer to Krone as the “snaggletooth” killer. As was the case with Ajamu, there was no forensic evidence linking Krone to the crime. DNA was a fairly new science, and none of the saliva or blood collected at the crime scene was tested for DNA. Simpler blood, saliva, and hair tests were inconclusive. Exculpatory evidence was available but ignored, such as shoe prints found around the victim’s body that didn’t match the size of Krone’s feet or any shoes he owned.

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STORY: "Sentenced to death but innocent: They are stories of justice gone wrong," by Philip Morris, published by 'National Geographic Magazine,  on Feb. 18, 2021. (Thanks  to Dr. Michael Bowers of 'CSIDDS Forensics and Law in Focus'  for bringing this article to our attention.)

SUB-HEADING: "Since 1973, more than 8,700 people in the U.S. have been sent to death row. At least  182 weren't guilty - their lives upended by a system that nearly killed them."

INTRO: Ray Krone: Mariscopa County, Arizona. Ten years in prison, four of them on death row, exonerated in 2002, Krone, now 64, became known as the 100th man to be exonerated from death row. He'd been  convicted  of murdering a 36-year-old bar manager who was killed in a bathroom of a Phoenix lounge that Krone frequented. Krone had given her a ride to a party a few days earlier. DNA at the crime scene went untested; the prosecution relied on faulty bite-mark evidence. When the DNA was submitted as evidence in a retrial, Krone was cleared. The actual killer identified by the DNA was already in prison for sexually assaulting and choking a seven-year-old girl.

GIST: Before Ray Krone was sentenced to die, his life bore no resemblance to Ajamu’s. From tiny Dover, Pennsylvania, Krone was the eldest of three children and a typical small-town American boy. Raised a Lutheran, he sang in a church choir, joined the Boy Scouts, and as a teenager was known as a fairly smart kid, a bit of a prankster. He pre-enlisted in the Air Force during high school; after graduating, he served for six years.


Having received an honorable discharge, he stayed in Arizona and went to work for the U.S. Postal Service, a job he planned to keep until retirement.


That career dream—and his life—were abruptly shattered in December 1991, when Kim Ancona, a 36-year-old bar manager, was found stabbed to death in the men’s bathroom of a Phoenix lounge that Krone frequented.


Police immediately zeroed in on Krone as a suspect after learning that he’d given Ancona, whom he knew casually, a ride to a Christmas party a few days earlier. The day after her body was discovered, Krone was ordered to provide blood, saliva, and hair samples. A dental cast of his teeth also was created. The next day he was arrested and charged with aggravated murder.


Investigators said the distinctive misalignment of Krone’s teeth matched bite marks on the victim’s body. Media reports would soon derisively refer to Krone as the “snaggletooth” killer. As was the case with Ajamu, there was no forensic evidence linking Krone to the crime. DNA was a fairly new science, and none of the saliva or blood collected at the crime scene was tested for DNA. Simpler blood, saliva, and hair tests were inconclusive. Exculpatory evidence was available but ignored, such as shoe prints found around the victim’s body that didn’t match the size of Krone’s feet or any shoes he owned.


Based on little more than the testimony of a dental analyst who said the bite marks on the victim’s body matched Krone’s misaligned front teeth, a jury found Krone guilty. He was sentenced to death.


“It’s a devastating feeling when you recognize that everything you’ve ever believed in and stood for has been taken away from you, and without just cause,” Krone told me. “I was so naive. I didn’t believe this could actually happen to me. I had served my country in uniform. I worked for the post office. I wasn’t perfect, but I had never been in trouble. I’d never even gotten a parking ticket, but here I was on death row. That’s when I realized that if it could happen to me, it could happen to anyone.”


The Maricopa County Attorney’s Office spent upwards of $50,000 on the prosecution, centered on its bite-mark theory, while the consulting dental expert for Krone’s publicly funded defense was paid $1,500. This discrepancy in resources available to prosecutors and defendants in capital cases has long been replicated across the nation, leading to predictable outcomes for defendants staked to under-resourced and often ineffective legal counsel.


Krone got a new trial in 1995, when an appeals court ruled that prosecutors had wrongly withheld a videotape of the bite evidence until the day before the trial. Again, he was found guilty. Prosecutors relied on the same dental analysts who’d helped convict Krone the first time. But this time the sentencing judge ruled that a life sentence was appropriate, not death.

Krone’s mother and stepfather refused to give up on their belief in their son’s innocence. They mortgaged their house, and the family hired their own lawyer to look into the physical evidence collected during the original investigation. Over objections by the prosecution, a judge granted a request by the family’s lawyer to have an independent lab examine DNA samples, including saliva and blood from the crime scene.


In April 2002 the DNA test results showed that Krone was innocent. A man named Kenneth Phillips, who lived less than a mile from the bar where Ancona was killed, had left his DNA on clothes Ancona had been wearing. Phillips was easy to find: He already was in prison for sexually assaulting and choking a seven-year-old girl.


When Krone was released from prison four days after the DNA test results were announced, he became known as the hundredth man in the United States since 1973 who’d been sentenced to death but later proved innocent and freed.


The entire story can be read at the link below: 

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PASSAGE OF THE DAY: National Registry of Exonerations: 

"At his 1992 trial, Krone maintained his innocence, claiming to be asleep in his bed at the time of the crime. Experts for the prosecution, however, testified that the bitemarks found on the victim’s body matched the impression that Krone had made on the Styrofoam and a jury convicted him on the counts of murder and kidnapping. He was sentenced to death and a consecutive 21-year term of imprisonment, respectively. Krone was found not guilty of the sexual assault. Krone won a new trial in 1996 after an appeals court ruled that the prosecution had failed to disclose to the defense a report from an expert which said the bitemarks did not resemble Krone's teeth. At a retrial, however, Krone was convicted again, mainly on the state’s supposed expert bitemark testimony. This time, however, the judge sentenced him to life in prison, citing doubts about whether or not Krone was the true killer. It was not until 2002, after Krone had served more than 10 years in prison, that DNA testing proved his innocence."

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The Registry of Exonerations entry (Curtesy of The Innocence Project) can be read at the link below:

"On the morning of December 29, 1991, the body of 36-year-old Kim Ancona was found, nude, in the men’s restroom of the Phoenix, Arizona bar where she worked.

Ancona had been fatally stabbed, and the perpetrator left behind little physical evidence. Blood at the crime scene matched the victim’s type, and saliva on her body came from someone with the most common blood type. There was no semen and no DNA tests were performed. 
 
Investigators relied on bitemarks on the victim’s breast and neck. Upon hearing that Ancona had told a friend that a regular customer named Ray Krone was to help her close up the bar the previous night, police asked Krone to make a Styrofoam impression of his teeth for comparison. On December 31, 1991, Krone was arrested and charged with murder, kidnapping, and sexual assault.
 
At his 1992 trial, Krone maintained his innocence, claiming to be asleep in his bed at the time of the crime. Experts for the prosecution, however, testified that the bitemarks found on the victim’s body matched the impression that Krone had made on the Styrofoam and a jury convicted him on the counts of murder and kidnapping. He was sentenced to death and a consecutive 21-year term of imprisonment, respectively. Krone was found not guilty of the sexual assault.
 
Krone won a new trial in 1996 after an appeals court ruled that the prosecution had failed to disclose to the defense a report from an expert which said the bitemarks did not resemble Krone's teeth. At a retrial, however, Krone was convicted again, mainly on the state’s supposed expert bitemark testimony. This time, however, the judge sentenced him to life in prison, citing doubts about whether or not Krone was the true killer.
 
It was not until 2002, after Krone had served more than 10 years in prison, that DNA testing proved his innocence. DNA testing conducted on the saliva and blood found on the victim excluded Krone as the source and instead matched a man named Kenneth Phillips. Phillips was incarcerated on an unrelated sex crime and, although he had lived a short distance from the bar where the victim worked, he had never been considered a suspect in her murder. 
 
On April 8, 2002, Krone was released from prison and on April 24th, the District Attorney’s office dismissed the charges against him. In 2006, Phillips pled guilty to the murder and was sentenced to 53 years in prison. 
 
Krone later filed a federal civil rights lawsuit and received $3 million in a settlement with the city of Phoenix and $1.4 million in a settlement with Maricopa County.

Krone was the 100th former death row inmate freed because of innocence since the reinstatement of capital punishment in the United States in 1976. He was the twelfth death row inmate whose innocence was proven through postconviction DNA testing. Prior to his arrest, Krone had no previous criminal record, had been honorably discharged from the military, and had worked in the postal service for seven years."


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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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FINAL, FINAL WORD (FOR NOW!): "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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