Saturday, July 24, 2021

Rodney Reed: Texas: Day Five: (Friday 23 July): On-going evidentiary hearing - KVUE live up-dates; (State begins calling witnesses);


PUBLISHER'S NOTE: The evidentiary hearing is now under way. It’s  expected to last two weeks. My plan is to drop in on the hearing from time to time where there is particular grist for the Charles Smith Mill.  (As brief as that may be). But don't limit yourselves.  There's a lot of very fascinating  other 'stuff' - including blatant racism and police and prosecutorial misconduct  (and ex-fiancee Jimmy Fennell's testimony) -  going on in the hearing room. KVUE Reporter Jenni Lee's is already providing chronological   live daily updates at kvue.com.
Harold Levy: Publisher: The Charles Smith Blog;
------------------------------------------------------------------- 
From today's live KVUE up-date: (Start at the bottom - 10:30 AM and work up);

3:05 p.m. – Defense cross-examines Wardlow and asks him about the call from Blakely saying semen was found. He said what he heard from Blakely that day is one reason he believes Stites was sexually assaulted.

2:42 – Wardlow is back on the stand with Tanner cross-examining. He testified that there was an Austin woman who reported that Reed tried to kidnap her. No arrest was ever made.

In 1995, Wardlow said there was a sexual assault submitted to the DPS crime lab where the victim withdrew. He could not remember the details why. He said he was seeking a case-to-case match, knowing that victim positively identified Reed.

He said a result in that case-to-case comparison was a match to the Stites case. As a result, he executed a search warrant for Reed's blood, hair and saliva samples. The warrant was conducted after David Board had interviewed Reed.

2 p.m. – Court takes a break so the judge can see the lawyers in the chamber

1:54 p.m. – Wardlow looks at several items, including an H-E-B badge, that were found at the scene where the truck was found. 

He said he interviewed Fennell twice during the investigation. Ronald Duncan, a former Bastrop police officer whose wife previously testified that he now has dementia, also talked to Fennell when it was a missing persons case.

Wardlow said Fennell and Stites shared the truck and he could not figure out how Fennell could have committed the murder and gotten back home in time. He said he could not determine if a Giddings police vehicle was used.

1:35 p.m. – Former Texas Ranger Rocky Wardlow takes the stand, with prosecutor Lisa Tanner questioning. He was the main investigator in the Stites murder case, which started as a missing persons report.

Wardlow said when Stites' truck was found at Bastrop High School, he noticed the driver's seat in an awkward position with the seat belt still connected. He noticed a broken cup as well, all things that made it appear something had happened inside the truck.

He said Stites' body was found partially clothed with a T-shirt lying on the side of the road. He thought she might have been sexually assaulted. Later, he said Karen Blakely with the DPS crime lab called him and confirmed that she was sexually assaulted.

11 a.m. – Break time for the court.

10:30 a.m. – Board is still on the stand. He says he knew Reed prior to 1996 and had dealt with him on more than one occasion. Prosecutor Lisa Tanner points out that Reed has a long history of sexual assault. The defense objects, saying they don't want the state to get into Reed's background.

Tanner shows Board Reed's reports of sexual assault and aggravated sexual assault. Board confirms. Board confirms that Stites' body appeared to have been sexually assaulted, which caused him to look for someone with a history of sexual assault."


-------------------------------------------------------------------------------------------------


The entire KVUE report can be read at: 

-----------------------------------------------------------------------------------------------


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;
—————————————————————————————————
FINAL, FINAL WORD: "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;