Thursday, March 6, 2025

David Wood: Death Row; Texas: Texas Chronicle reports that Texas is planning to kill the so-called 'Desert Killer' despite new evidence, noting that: "investigators tied Wood to the case using fiber evidence from a vacuum cleaner, witness reports of a man matching his description, and the testimonies of two jailhouse informants who claimed he had confessed. Yet decades later, the foundation of that case has started to crumble. DNA testing in 2011 revealed that a male DNA profile found on victim Dawn Smith’s clothing did not match Wood. Despite Wood’s requests, Texas courts have denied further testing that could match evidence to the unidentified profile."… "Greg Wiercioch, David Wood’s attorney, criticized the state’s handling of the case. “We fought about that for over a decade, and the state should not be pursuing a conviction or affirming a conviction but should be pursuing justice, and they’re not doing that in this case, which begs the question, what are they afraid of?”



PUBLISHER'S NOTE:  "WORDS TO HEED: FROM OUR POST ON KEVIN COOPER'S  APPLICATION FOR POST-CONVICTION DNA TESTING; CALIFORNIA: (Applicable wherever a state resists DNA testing): "Blogger/extraordinaire Jeff Gamso's blunt, unequivocal, unforgettable message to the powers that be in California: "JUST TEST THE FUCKING DNA." (Oh yes, Gamso raises, as he does in many of his posts, an important philosophical question: This post is headed: "What is truth, said jesting Pilate."...Says Gamso: "So what's the harm? What, exactly, are they scared of? Don't we want the truth?") 


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PASSAGE OF THE DAY: " At the center of the case are the jailhouse informants, whose testimony was instrumental in securing Wood’s conviction. According to court documents, Randy Wells had his own capital murder charge dismissed after testifying that Wood admitted to the killings. James Sweeney, the second informant, received a $13,000 payment for cooperating with prosecutors. A third inmate, George Hall, was also approached to testify but refused. In a newly filed affidavit, Hall states that Wells and Sweeney were given access to police investigative files to fabricate their stories before taking the stand."


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PASSAGE TWO OF THE DAY: "Additional evidence suggests Wood may not have been physically capable of committing the crimes. Surveillance records show that police had him under observation at the time two of the victims disappeared. Meanwhile, his pickup truck – central to the prosecution’s theory – was impounded in a salvage yard for the entire month of August 1987, when three of the murders occurred."

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PASSAGE THREE OF THE DAY: "Further complicating the case, a woman recently came forward implicating her late father, James Patrick Bradley, in the killings. Bradley, who died in prison in 2014 after being convicted of killing and dismembering his wife, allegedly confessed to his daughter before his death. Further complicating the case, a woman recently came forward implicating her late father, James Patrick Bradley, in the killings. Bradley, who died in prison in 2014 after being convicted of killing and dismembering his wife, allegedly confessed to his daughter before his death."

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STORY: "Suspected El Paso Serial Killer Near Execution Insists He’s Innocent," by News Intern  Lucciana Choueiry, published by The Texas Chronicle, on March 7, 2025.


SUB-HEADING: "Texas plans to kill “Desert Killer” David Wood despite new evidence."


GIST: "After 31 years behind bars, David Wood, one of Texas’ longest-serving death row inmates, is scheduled for execution on March 13.

 Convicted in 1992 for the murders of six women in El Paso, Wood’s case has long been marked by contested evidence, unreliable testimony, and, now, new forensic findings that his attorneys argue prove his innocence.

Branded the “Desert Killer” by prosecutors, Wood was accused of luring women into his pickup truck, driving them to the desert, sexually assaulting them, and killing them before burying their bodies in shallow graves. 

Investigators tied Wood to the case using fiber evidence from a vacuum cleaner, witness reports of a man matching his description, and the testimonies of two jailhouse informants who claimed he had confessed.

Yet decades later, the foundation of that case has started to crumble. DNA testing in 2011 revealed that a male DNA profile found on victim Dawn Smith’s clothing did not match Wood. Despite Wood’s requests, Texas courts have denied further testing that could match evidence to the unidentified profile.

Greg Wiercioch, David Wood’s attorney, criticized the state’s handling of the case. “We fought about that for over a decade, and the state should not be pursuing a conviction or affirming a conviction but should be pursuing justice, and they’re not doing that in this case, which begs the question, what are they afraid of?”

“Mr. Wood’s case goes to the heart of whether we, as a people in Texas and we, as a state, care about innocence.”

– Texas Defender Service’s Burke Butler


At the center of the case are the jailhouse informants, whose testimony was instrumental in securing Wood’s conviction. According to court documents, Randy Wells had his own capital murder charge dismissed after testifying that Wood admitted to the killings. James Sweeney, the second informant, received a $13,000 payment for cooperating with prosecutors. A third inmate, George Hall, was also approached to testify but refused. In a newly filed affidavit, Hall states that Wells and Sweeney were given access to police investigative files to fabricate their stories before taking the stand.

Additional evidence suggests Wood may not have been physically capable of committing the crimes. Surveillance records show that police had him under observation at the time two of the victims disappeared. Meanwhile, his pickup truck – central to the prosecution’s theory – was impounded in a salvage yard for the entire month of August 1987, when three of the murders occurred.

Further complicating the case, a woman recently came forward implicating her late father, James Patrick Bradley, in the killings. Bradley, who died in prison in 2014 after being convicted of killing and dismembering his wife, allegedly confessed to his daughter before his death.

The Texas Court of Criminal Appeals has yet to rule on Wood’s latest stay request, filed Feb. 21. Originally set for execution in August 2009, he remains on death row as legal battles continue. With his new execution date approaching, his defense hopes for a ruling within the week, arguing the state risks executing a man based on unreliable evidence. Prosecutors say revisiting the case would only delay justice.

Death penalty experts like Texas Defender Service’s Burke Butler point to Wood’s case as another example of the risks inherent in capital punishment, particularly in cases where key evidence has since been discredited. Butler references Ruben Gutierrez’s case as a similar one where DNA evidence could potentially prove innocence.

“Mr. Wood’s case goes to the heart of whether we, as a people in Texas and we, as a state, care about innocence and our justice system,” Butler told the Chronicle. “If we care about it, then we need to allow people the opportunity to have material from their crime scene tested, which is what Mr. Wood has been seeking all of these years.”

If the court intervenes, Wood’s conviction could be reexamined in light of the new findings. If not, Texas will move forward with the execution of a man who has spent more than three decades proclaiming his innocence."

The entire story cannot be be read at:

https://www.austinchronicle.com/news/2025-03-07/suspected-el-paso-serial-killer-near-execution-insists-hes-innocent/


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PUBLISHER'S NOTE:  I am grateful to 'Authory' a valuable service which  creates a portfolio of all of my posts since I fired  my  first post into the cybersphere  on the   Charles Smith Blog    on September 29, 2007, some 17 years ago. Today's post is number 11, 784  Yikes! Yes, this is a compulsion, but it's a healthy one ! One of the best features of 'Authory'  (which I am trying out on the Blog for the first time, is a search engine for the portfolio  which  makes it easier  for  readers to follow the many important cases, issues and developments (and occasional rants)  in the area of flawed  pathology, flawed pathologists, and whatever else might cross my mind  in jurisdictions throughout the world which are at the heart of the Blog. So, dear reader, you can access the portfolio at the following link. Just type the inquiry into the  search box  at the following link,  and hit enter.  (The search box is on the top write side of the page under 'Read more.' Why not try it out, and,  as encouraging  use of this search function  by my readers is rather new to me, any feedback on how it is working would be appreciated at: hlevy15@gmail.com. Cheers!

https://authory.com/HaroldLevy

Harold Levy: Publisher: The Charles Smith Blog.

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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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