Monday, May 5, 2025

Michael Clark: Colorado: A discredited former DNA analyst Yvonne "Missy" woods case: Boulder District Attorney Mitchell Byers is mulling over whether to retry Michael Clark's 1994 murder case after misconduct allegations against Woods led to the conviction being overturned this month, Axios reports…"Catch up quick: Clark last year filed a motion contesting his first-degree murder conviction in the 1994 case and subsequent life sentence, citing Woods' testimony, juror misconduct and ineffective counsel. Woods testified at Clark's trial in 2012 she tested DNA found on inside a lip balm container discovered at the crime scene and the results excluded 99.4% of the population but not Clark. Clark's motion also stated a juror visited the crime scene during the trial, which should not have been allowed. Clark further claimed his previous defense attorneys should have called their own DNA expert."


PASSAGE OF THE DAY:  "State of play: Prosecutors must now retry the case, reach a plea agreement or dismiss the charges. "We will carefully and thoroughly analyze all the evidence to determine the right and just outcome," Dougherty said in a statement.
  • Prosecutors sent the lip balm container to an independent lab last year and found new results that could exclude Clark. "There could be a number of reasons for these results, including the advances in DNA technology," a motion from the DA said.
  • Caveat: The DNA test wasn't the only evidence that led prosecutors to bring charges against Clark. Prosecutors also said Clark purchased a gun prior to the shooting and confessed to an inmate after the shooting.

What's next: Clark's case is set for a June 6 status conference.

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STORY: "Boulder DA weighs retrial after 1994 murder conviction tossed," by Reporter Mitchell Byars, published by Axios, on April 21, 2025.  (Mitchell  Byers was born and raised in South Kona on the Big Island of Hawaii. He went to the University of Colorado Boulder and graduated in 2011 with a degree in journalism. After school, he went to work for the Daily Camera, where he worked for almost 15 years in various roles.)

SUB-HEADING: "DA weighs retrying cold case murder."

GIST: "The Boulder County District Attorney is mulling whether to retry a 1994 murder case after misconduct allegations against a DNA analyst led to the conviction being overturned this month.


The latest: Boulder County District Attorney Michael Dougherty tells Axios he's hoping to decide by early June whether to retry Michael Clark, the Colorado man convicted over a decade ago in the death of Marty Grisham.


Why it matters: This is the first conviction to be vacated in connection with misconduct allegations against former DNA analyst Yvonne "Missy" Woods.

  • The scandal has rocked the Colorado justice system, and with misconduct being alleged in more than 1,000 cases involving Woods, the ruling could set a precedent and open the floodgates for judges statewide to overturn more convictions.

Catch up quick: Clark last year filed a motion contesting his first-degree murder conviction in the 1994 case and subsequent life sentence, citing Woods' testimony, juror misconduct and ineffective counsel.

  • Woods testified at Clark's trial in 2012 she tested DNA found on inside a lip balm container discovered at the crime scene and the results excluded 99.4% of the population but not Clark.
  • Clark's motion also stated a juror visited the crime scene during the trial, which should not have been allowed.
  • Clark further claimed his previous defense attorneys should have called their own DNA expert.

By the numbers: The Colorado Bureau of Investigation found in 2023 that Woods tampered with DNA testing and identified problems with 1,003 of her cases in the state.

  • More than 3,000 DNA samples have been retested.
  • Woods, who retired in 2023, was indicted in January on 102 felony charges. Her case is ongoing, and her attorney offered no comment to Axios upon request.

Zoom in: The Boulder County District Attorney's Office agreed with vacating the conviction, stating it was "the right thing to do, after considering all three issues." A judge officially vacated the conviction April 11.

  • The case is once again in pre-trial status, with the original charge remaining. Clark's initial bond of $100,000 was also reinstated.
  • Clark was transferred from prison to the Boulder County Jail after the ruling. He posted bond and was released April 14 after over 12 years in custody.

Flashback: Grisham, 49, was shot to death in the doorway of his Boulder apartment on Nov. 1, 1994.

  • There were no witnesses and no murder weapon ever found.
  • Clark at the time was friends with Grisham's daughter and identified as a suspect early in the investigation.
  • Prosecutors said Clark stole and forged checks he found in Grisham's apartment and killed Grisham to cover up the fraud.

State of play: Prosecutors must now retry the case, reach a plea agreement or dismiss the charges. "We will carefully and thoroughly analyze all the evidence to determine the right and just outcome," Dougherty said in a statement.

  • Prosecutors sent the lip balm container to an independent lab last year and found new results that could exclude Clark. "There could be a number of reasons for these results, including the advances in DNA technology," a motion from the DA said.
  • Caveat: The DNA test wasn't the only evidence that led prosecutors to bring charges against Clark. Prosecutors also said Clark purchased a gun prior to the shooting and confessed to an inmate after the shooting.

What's next: Clark's case is set for a June 6 status conference.

  • Dougherty told Axios the "hope" is to have a decision on a possible retrial by that time if prosecutors can locate and interview witnesses from the initial case.
  • The original trial took place 18 years after the shooting, and most witnesses had to use police reports and video interviews to refresh their memories. By the time of a possible retrial, witnesses would be testifying about events that took place over 30 years ago.

Editor's note: This story has been updated to reflect Yvonne Missy Woods' attorney responded to Axios Boulder with no comment."


The entire story can be read at:


https://www.axios.com/local/boulder/2025/04/21/boulder-1994-murder-conviction-retrial-dna-scandal

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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