Martin Santillan: Texas: How newer and more sensitive DNA testing led to his exoneration - after 25 years behind bars. 'Forensic Magazine' tells this disturbing story, noting that, despite the fact that Santillan had an alibi and none of the other three eyewitnesses identified Santillan as the gunman, the then-23-year-old was charged with and convicted of capital murder and sentenced to life in prison. Kudos to Centurian Ministries for leading the fight for exoneration…"In November 2023, a Texas grand jury indicted a different man for the death of Damond Wittman. The postconviction DNA testing conducted by the District Attorney’s Office CIU was funded in part by the Bureau of Justice Assistance (BJA) Postconviction Testing of DNA Evidence Program. BJA grant funding helps defray costs associated with postconviction DNA testing—such as additional personnel, staff overtime, and testing supplies—for violent felony offenses (as defined by state law) in which actual innocence might be demonstrated. The Postconviction Testing of DNA Evidence Program provides funding to ensure that the right person is convicted, and justice is done."

PASSAGE OF THE DAY: "In 2008, Centurion—an innocence organization based in Princeton, New Jersey—brought the case to the attention of the Conviction Integrity Unit (CIU) in the Dallas County District Attorney’s Office.  At that time and again in 2014, DNA testing was conducted on the Dallas Stars jersey found at the scene. However, forensic limitations prevented any new conclusions from being made. In 2021, CIU agreed to submit the jersey for testing using a newer, more sensitive DNA testing kit, which finally yielded results. 

Biological deposits found on the cuffs of the jersey sleeves revealed DNA profiles of two unknown individuals. A hit in the Federal Bureau of Investigation's Combined DNA Index System (CODIS) identified one of the individuals, who provided investigators with information that led to the possible identity of the assailant.  The DNA results also excluded Santillan as a contributor."

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STORY: "Postconviction Testing of DNA Evidence Exonerates Texas Man Imprisoned for 25 Years," published by Forensic Magazine, on April 5, 2024.

GIST:  "Around 1:30 am on July 14, 1997, Damond Wittman was shot and killed outside a nightclub in Dallas, Texas.

 Wittman had been standing in the parking lot smoking with friends when a Hispanic male approached the group and asked for a cigarette. 

After Wittman gave him a cigarette, the Hispanic male produced a gun and demanded money.

While attempting to fight off the gunman, Wittman was shot multiple times. The perpetrator ran from the scene.

A few blocks away, investigators from the Dallas Police Department recovered a bloody Dallas Stars jersey that matched the description of what the gunman was wearing. 

A lone witness identified Martin Santillan as the shooter in a photo lineup. 

Despite the fact that Santillan had an alibi and none of the other three eyewitnesses identified Santillan as the gunman, the then-23-year-old was charged with and convicted of capital murder and sentenced to life in prison.

In 2008, Centurion—an innocence organization based in Princeton, New Jersey—brought the case to the attention of the Conviction Integrity Unit (CIU) in the Dallas County District Attorney’s Office. 

At that time and again in 2014, DNA testing was conducted on the Dallas Stars jersey found at the scene. However, forensic limitations prevented any new conclusions from being made.

In 2021, CIU agreed to submit the jersey for testing using a newer, more sensitive DNA testing kit, which finally yielded results. 

Biological deposits found on the cuffs of the jersey sleeves revealed DNA profiles of two unknown individuals. 

A hit in the Federal Bureau of Investigation's Combined DNA Index System (CODIS) identified one of the individuals, who provided investigators with information that led to the possible identity of the assailant. 

The DNA results also excluded Santillan as a contributor.

In February 2023, the Texas Court of Appeals vacated Santillan’s conviction and ruled that he should receive a new trial. Prosecutors dismissed the case against Santillan in March 2023.

"It remains our job to correct past wrongs, which is what the CIU team in my office worked tirelessly to do. We owe it to Mr. Santillan to clear his name fully and completely," said John Creuzot, Dallas County Criminal District Attorney

In November 2023, a Texas grand jury indicted a different man for the death of Damond Wittman.

The postconviction DNA testing conducted by the District Attorney’s Office CIU was funded in part by the Bureau of Justice Assistance (BJA) Postconviction Testing of DNA Evidence Program.

 BJA grant funding helps defray costs associated with postconviction DNA testing—such as additional personnel, staff overtime, and testing supplies—for violent felony offenses (as defined by state law) in which actual innocence might be demonstrated. 

The Postconviction Testing of DNA Evidence Program provides funding to ensure that the right person is convicted, and justice is done.

The entire story can be read at:

https://www.forensicmag.com/612404-Postconviction-Testing-of-DNA-Evidence-Exonerates-Texas-Man-Imprisoned-for-25-Years/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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;

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:

https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985

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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: "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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YET ANOTHER FINAL WORD:

David Hammond, one of Broadwater's attorneys who sought his exoneration, told the Syracuse Post-Standard, "Sprinkle some junk science onto a faulty identification, and it's the perfect recipe for a wrongful conviction.

https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-12348801

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