Wednesday, April 2, 2025

Areli Escobar: Texas: Major (Unwelcome) Development: And Justice for all? Certainly not for Areli Escobar, who has been denied review by The U.S. Supreme Court, in his 'faulty DNA" case, as Communication's Associate Hailey Bedard makes clear on the Death Penalty Information Center, notting that: "In his peti­tion, Mr. Escobar’s legal team said Travis County pros­e­cu­tors had relied heav­i­ly at tri­al on com­pro­mised evi­dence ana­lyzed by the Austin Police Department’s crime lab­o­ra­to­ry. Additional DNA test­ing under­tak­en just days after Mr. Escobar’s 2011 tri­al and hid­den from the defense until 2017 revealed that the DNA test­ing pre­sent­ed at his tri­al was ulti­mate­ly incon­clu­sive — a fact that Mr. Escobar’s jury nev­er heard. Current Travis County District Attorney Jose Garza agreed with Mr. Escobar that the prosecution’s case was flawed and joined in ask­ing the Court for a new tri­al. After ini­tial­ly remand­ing the case to the Texas Court of Criminal Appeals for recon­sid­er­a­tion, the Court declined to inter­vene a sec­ond time and issued no writ­ten opin­ion explain­ing its reasoning."


PASSAGE OF THE DAY: "Mr. Escobar was con­vict­ed and sen­tenced to death in 2011 for the rape and mur­der of Bianca Maldonado in his apart­ment com­plex. No eye­wit­ness­es linked him to the crime, and the prosecution’s case relied heav­i­ly on the Austin crime lab’s foren­sic test­ing of Mr. Escobar’s cloth­ing and items found at the crime scene. Prosecutors also pre­sent­ed tes­ti­mo­ny from Mr. Escobar’s ex-girl­friend that she received a call in which she heard a woman repeat­ed­ly scream­ing for ten min­utes while being raped — though she ini­tial­ly told inves­ti­ga­tors she heard Mr. Escobar hav­ing  “con­sen­su­al sex” with a woman."

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PASSAGE TWO OF THE DAY: "The Travis County District Attorney’s office ini­tial­ly opposed Mr. Escobar’s request but changed its posi­tion after the evi­dence was pre­sent­ed to the tri­al court.  The court found that the lab’s fail­ures were wide­spread and includ­ed a  “fail­ure to adhere to sci­en­tif­i­cal­ly acceptable practices[.]”

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POST: "U.S. Supreme Court Denies Review in Texas Faulty DNA Evidence Case, Despite Prosecutor Confession of Error," by  Communications Associate Hailey Bedard, published by The Death Penalty Information Center, on March 27, 2025.

GIST: "On March 24, 2025, the United States Supreme Court denied review of Areli Escobar’s (pic­tured) most recent appeal of his mur­der con­vic­tion, which argued for relief based on the fact that the Texas pros­e­cu­tor had con­fessed error over the mis­lead­ing use of incon­clu­sive DNA evi­dence at tri­al. 

In his peti­tion, Mr. Escobar’s legal team said Travis County pros­e­cu­tors had relied heav­i­ly at tri­al on com­pro­mised evi­dence ana­lyzed by the Austin Police Department’s crime lab­o­ra­to­ry. 

Additional DNA test­ing under­tak­en just days after Mr. Escobar’s 2011 tri­al and hid­den from the defense until 2017 revealed that the DNA test­ing pre­sent­ed at his tri­al was ulti­mate­ly incon­clu­sive — a fact that Mr. Escobar’s jury nev­er heard.

Current Travis County District Attorney Jose Garza agreed with Mr. Escobar that the prosecution’s case was flawed and joined in ask­ing the Court for a new tri­al.

After ini­tial­ly remand­ing the case to the Texas Court of Criminal Appeals for recon­sid­er­a­tion, the Court declined to inter­vene a sec­ond time and issued no writ­ten opin­ion explain­ing its reasoning.

“Nothing in today’s deci­sion alters the fact that Areli Escobar was wrong­ful­ly con­vict­ed, and the Supreme Court’s deci­sion does not make Areli Escobar’s wrong­ful conviction right[.]” 

BENJAMIN WOLFF, DIREC­TOR OF THE OFFICE OF CAPITAL AND FORENSIC WRITS, AND MR. ESCOBAR’S ATTORNEY.


The Supreme Court’s deci­sion not to inter­vene in Mr. Escobar’s case comes just a month after the Court vacat­ed the con­vic­tion of Richard 

Glossip, who also enjoyed sup­port from state offi­cials in his request for a new tri­al. 

Both Mr. Escobar and Mr. Glossip asked the Court to estab­lish a stan­dard for over­turn­ing cap­i­tal con­vic­tions when pros­e­cu­tors no longer wish to defend the orig­i­nal case, but the jus­tices declined to do so in both cas­es.

In briefs filed in both cas­es, Texas Attorney General Ken Paxton opposed the requests for a new stan­dard, argu­ing against auto­mat­i­cal­ly grant­i­ng relief based on admis­sion of prosecutorial error.

Mr. Escobar was con­vict­ed and sen­tenced to death in 2011 for the rape and mur­der of Bianca Maldonado in his apart­ment com­plex.

No eye­wit­ness­es linked him to the crime, and the prosecution’s case relied heav­i­ly on the Austin crime lab’s foren­sic test­ing of Mr. Escobar’s cloth­ing and items found at the crime scene.

 Prosecutors also pre­sent­ed tes­ti­mo­ny from Mr. Escobar’s ex-girl­friend that she received a call in which she heard a woman repeat­ed­ly scream­ing for ten min­utes while being raped — though she ini­tial­ly told inves­ti­ga­tors she heard Mr. Escobar hav­ing  “con­sen­su­al sex” with a woman.

After the Austin Police Department crime lab was shut down in 2016 for wide­spread prob­lems relat­ed to evi­dence han­dling and test­ing, Mr. Escobar con­test­ed the lab results and sought relief in Texas courts. 

A state tri­al court ruled in his favor.

The Travis County District Attorney’s office ini­tial­ly opposed Mr. Escobar’s request but changed its posi­tion after the evi­dence was pre­sent­ed to the tri­al court. 

The court found that the lab’s fail­ures were wide­spread and includ­ed a  “fail­ure to adhere to sci­en­tif­i­cal­ly acceptable practices[.]”

Despite the DA’s sup­port of Mr. Escobar’s request, the TCCA denied him all relief. It also denied the prosecution’s motion for recon­sid­er­a­tion. 


Mr. Escobar appealed, and in January 2023, the U.S. Supreme Court ruled in favor of Mr. Escobar, order­ing the TCCA to recon­sid­er his peti­tion. 


Subsequently, in September 2023, the TCCA again ruled against Mr. Escobar, assert­ing that there was  “no rea­son­able like­li­hood that the out­come would have changed if the false evi­dence had been replaced with accu­rate evi­dence.” 


This lat­est appeal was Mr. Escobar’s request to over­turn the TCCA’s deci­sion. DA Garza’s office indi­cat­ed that it was  “review­ing next steps” in Mr. Escobar’s case."


The entire story can be read at:


https://deathpenaltyinfo.org/u-s-supreme-court-denies-review-in-texas-faulty-dna-evidence-case-despite-prosecutor-confession-of-error


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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