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Massachusetts crime lab crisis is echoed across the U.S.
Posted: July 18, 2007 1:17 pm
A report released this week said Massachusetts has one of the worst crime lab crises in the country, with evidence in more than 16,000 cases remaining untested and lab scandals leading to resignations and firings in recent months. But the state is not alone in facing major hurdles in forensic testing — backlogs and misconduct nationwide have slowed criminal justice investigations and contributed to wrongful convictions.
The Massachusetts report points to untested evidence in cases as far back as the 1980s, in which the statute of limitations for prosecuting crimes may have expired. Officials vowed that change was on the way, as analysts will focus first on evidence in unsolved cases and money will potentially be budgeted to outsource some testing.
A Boston Herald editorial yesterday calls the lab situation “an absolute travesty.”
The report skewers the lab’s handling of this potentially damning (or exculpatory) material. And while the state plans to process the evidence in cases that might still be prosecuted, you can’t unwind the clock. Expiring statutes of limitations mean justice, in many cases, will never be served.More coverage in Massachusetts:
Read the full editorial here. (Boston Herald, 7/17/07)
State officials will review old crimes (Boston Globe, 7/17/07)
Lab backlogs and misconduct continue to plague dozens of states:
Reports this week detailed cases in Maryland and Florida in which crucial evidence in rape trials has gone missing. When labs are overworked and underfunded, human error such as the inadvertent destruction of evidence can become more prevalent.
A Washington Post article on Sunday considered how the popularity of shows like "CSI" have led to increased jury demands for scientific evidence and may have contributed to lab backlogs nationwide.
Lab backlogs in Alabama have impeded justice in cases at trial and officials say they are making a “concerted effort” to remedy the problems.
Labs in Tennessee, Kentucky, Arizona and Wisconsin are all backlogged, according to recent news reports.
Tags: Alabama, Florida, Maryland, Massachusetts, Tennessee, Wisconsin
Will Alabama execute Darrell Grayson without a DNA test?
Posted: July 26, 2007 11:26 am
Activists rallied yesterday on the steps of the Alabama capitol building in Montgomery in support of DNA testing for death row inmate Darrell Grayson, who is scheduled to be executed today. Several organizations, including the Innocence Project, have called for Gov. Bob Riley to delay the execution until authorities are able to conduct DNA testing that could prove Grayson’s innocence or guilt. A statement from the governor’s office said he would make a decision today "before the execution is carried out."
Esther Brown, executive director of Project Hope to Abolish the Death Penalty, said Grayson, who is black, was pressured into a confession by white police officers, tried by a court that provided only $500 to be spent on his defense, and convicted by an all-white jury.
"What he got was Alabama justice," Brown said, standing just below the spot on the Capitol steps where Jefferson Davis was sworn in as president of the Confederacy in 1861.
Read the full story here. (Birmingham News, 07/26/2007)
Tags: Alabama, Death Penalty, Darrell Grayson
Editorial: Alabama's DNA laws fall short
Posted: July 30, 2007 1:09 pm
Alabama is one of eight states in the country that lacks a state law allowing inmates to seek post-conviction DNA testing to prove innocence. Last week, the state executed Darrell Grayson despite his repeated attempts to seek DNA testing that could have proved his innocence or confirmed his guilt.
An editorial in yesterday’s Birmingham News called for Alabama to join the 42 states that offer post-conviction DNA testing.
Gov. Bob Riley could have, and should have, delayed Grayson's execution long enough to allow for a test. He did not.And an editorial in yesterday’s Baltimore Sun said that the nation’s 205 DNA exonerations have revealed serious fissures across the American criminal justice system. The editorial calls for reforms nationwide – on eyewitness identifications, snitch testimony, videotaping interrogations, indigent defense and more. Read the full editorial here.
If there's good to come from this, it's that the case is a reminder of how Alabama's law has not kept up with the times when it comes to scientific advances in criminal investigations.
Read the full editorial here. (Birmingham News, 07/29/2007)
See reforms state by state on our National View maps and read more in our Fix the System section.
Tags: Alabama, Maryland
Alabama Gov. says he can't order DNA tests for Tommy Arthur, Innocence Project disagrees
Posted: December 31, 2007 2:44 pm
Alabama Gov. Bob Riley said in an interview this week that he doesn’t have the authority to grant DNA testing in the case of death row inmate Tommy Arthur. But other governors have ordered DNA testing in death row cases, and Riley hasn’t tested the law in his state. The Innocence Project, which doesn’t represent Arthur, has been calling on Riley to grant testing that could prove Arthur’s innocence.
(Innocence Project Communications Director Eric) Ferrero said while the constitution may not explicitly state the governor has such power, other governors, such as Florida's Jeb Bush and President Bush, when he was governor of Texas, have ordered DNA testing in death row cases.
"Neither of them had an explicit law that said they could do that, but they did. They just felt they had the moral obligation to do that," Ferrero said. "Governors have considerable leeway in cases like this.
Read the full article here. (Montgomery Advertiser, 12/29/07)More than 1,400 people have sent emails to Gov. Riley calling on him to order the DNA tests that can prove Arthur’s innocence of guilt. Use our form to send your own email now – it takes just 30 seconds.
Read more about Tommy Arthur’s case here.
Tags: Alabama, Death Penalty, Tommy Arthur
Louisiana editorial calls for DNA testing access and exoneree compensation
Posted: January 22, 2008 9:22 am
Innocence Project client Rickey Johnson, who was exonerated last week after serving 25 years in prison for a rape he didn't commit, is eligible for $150,000 in state compensation. But the process for receiving the compensation is cumbersome, and only two of the 10 Louisiana exonerees have been compensated.
An editorial in Sunday's Shreveport Times calls for Louisiana lawmakers to increase exoneree compensation to the federal standard of $50,000 per year served and to streamline the process so needy exonerees aren't denied state funds. The editorial also praises District Attorney Don Burkett, who supported Johnson's appeal for testing and is helping him apply for compensation.
But not all innocent inmates live in Burkett's jurisdiction. Other Innocence Project clients in Louisiana have sought DNA testing for years (13 years for Archie Williams in East Baton Rouge), only to meet with resistance at every turn. The editorial calls for access to DNA testing for inmates when it can prove their innocence.
Read the full editorial here.
Tags: Alabama, Rickey Johnson, Archie Williams
Still no DNA test for Alabama man; July 31 execution date set
Posted: July 8, 2008 2:48 pm
Tommy Arthur has been on Alabama’s death row for most of a quarter-century, and he has maintained his innocence the entire time. Now, Alabama officials say they plan to execute him on July 31st, and the possibility looms that he could be executed without a DNA test that could show whether he is guilty or innocent. Alabama Gov. Bob Riley has the power to order DNA testing in this case before the state carries out a sentence it can’t reverse, but he has said he that he won’t order the tests.
Take 30 seconds today and send Riley an email urging him to order DNA testing Arthur’s case. Riley has the authority to order testing – just as George W. Bush did in another case when he was governor of Texas, and other governors have done in similar cases – and he needs to hear that the public expects him to meet his moral and ethical obligation.
Tags: Alabama, Tommy Arthur
With execution scheduled for next week, Alabama man again requests DNA testing
Posted: July 23, 2008 10:10 am
Tommy Arthur has spent 25 years on Alabama’s death row for a murder he has always said he didn’t commit. Again this week, his lawyers filed court papers requesting DNA testing at the defense's expense. The filing requests a stay if the testing can not be completed by Arthur's scheduled execution date of July 31. The Innocence Project has consulted with Arthur's attorneys on the case, and thousands of supporters have sent emails to Alabama Gov. Bob Riley calling on him to order DNA testing for Arthur. Send your email today.
Read more about Monday's filing by Arthur's attorneys. (The Birmingham News, 07/23/08)
Tags: Alabama, Tommy Arthur
New developments in Alabama case; Governor should stay execution to conduct DNA testing
Posted: July 30, 2008 11:55 am
Tommy Arthur has been on Alabama’s death row for a quarter-century for a murder he says he didn’t commit. He is scheduled to be executed tomorrow night, and the Alabama Supreme Court rejected one of his final appeals yesterday by a 6-2 vote. But new evidence surfaced yesterday, and it makes an irrefutable case for conducting DNA testing in the case.
Another Alabama inmate has confessed to killing Troy Wicker in exchange for $2,000, according to court papers filed yesterday, and DNA testing could prove whether his claim is true. Bobby Ray Gilbert says he killed Wicker in exchange for $2,000 from Wicker’s wife, with whom he was having an affair at the time. He says he had sex with Wicker’s wife after the crime and that he also wore a wig that day. Police collected the wig, and a rape kit containing biological evidence was collected from Wicker’s wife at the hospital. Both items of evidence are still available for testing.
The State Attorney General discounted the new evidence and said the execution should go forward.
More than 3,000 people have sent emails to Alabama Gov. Bob Riley urging him to stay Arthur’s execution in order to conduct DNA testing. It takes just one minute and your voice can make the difference – send your letter today.
More news coverage of developments in Arthur’s case:
Birmingham News editorial: Thomas Arthur is to be executed Thursday for a murder another prisoner now claims he committed. Clearly, these claims must be investigated before the execution occurs. (07/30/08)
Birmingham News: Convicted murderer serving life says he, not Thomas Arthur, killed Troy Wicker Jr. in 1982 (07/30/08)
Letters to Birmingham News
Associated Press: AG, victim’s wife dismiss claims in Wicker death
Tags: Alabama, Tommy Arthur
Update: Media coverage of stay in Alabama case
Posted: July 31, 2008 10:15 am
Yesterday, Tommy Arthur’s execution (previously set for today) was stayed by the Alabama Supreme Court. Read media coverage of the developments below.
Your voice can help obtain justice for Arthur. Join thousands of Innocence Project supporters in sending an email urging Gov. Bob Riley to grant DNA testing now that the execution is stayed.
Media coverage:
New York Times: Court votes to Postpone an Execution in Alabama
Birmingham News: Court delays execution, state can’t find rape kit evidence
Birmingham News Editorial: Court had ample reasons to block today’s execution
Associated Press: Supreme Court postpones execution
Tags: Alabama, Tommy Arthur
Evidence preservation in Alabama raises more questions about death row case
Posted: August 19, 2008 12:45 pm
After years of denying DNA testing to Thomas Arthur, who faces execution for a murder he says he didn’t commit, Alabama’s Attorney General now claims that the evidence in the case is missing. Last week the Innocence Project wrote a letter to Gov. Bob Riley calling on him to intervene with a thorough search and inventory of all the agencies that may have been in possession of the evidence at some time.
The Tuscaloosa News reports that there are individual agencies in Alabama that have procedures and protocols for preserving evidence, filling the gap left by lack of a state law and providing plenty of places to look for evidence in Arthur’s case.
Although Alabama has no criminal statute that specifically addresses the issue, Rules of Appellate Procedure authorized by the state Supreme Court require circuit clerks to keep all evidence used during a trial and an index in the court file indicating where the evidence is stored.Individual law enforcement agencies also have taken matters into their own hands.
Investigators with the Tuscaloosa County Metro Homicide Unit document any pieces of evidence they collect, and document what it is and where it was collected before handing it over to the department's evidence custodian. The custodian enters the evidence into a computer, then prints a bar code and uses it to tag the evidence. Using this system, the custodian is able to find out where a piece of evidence is stored, when it is moved and when it is turned over to the court system.The Innocence Project maintains that the state Attorney General’s office has not conducted a thorough search for evidence in Arthur’s case. In an affidavit filed several weeks ago, the Attorney General’s office said it started looking for the evidence just six months ago – even though Arthur first requested DNA testing six years ago. The Attorney General’s office made a couple of phone calls to ask agencies if they had the evidence, then deemed it “missing” based on those phone calls. Apparently, no attempt has been made to find documentation of the evidence whereabouts or to access the index described in the Tuscaloosa News’ reporting.
Read the Tuscaloosa News article.
Read more about Thomas Arthur’s case.
Does your state have a law on evidence preservation? Find out on our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Tommy Arthur
Alabama Supreme Court denies request to set execution date
Posted: September 25, 2008 3:02 pm
Tommy Arthur has been on Alabama’s death row for a quarter century for a murder he has always said he didn’t commit. In July, he came within hours of execution for the third time, before the Alabama Supreme Court voted 5-4 in favor of a stay while a lower court determined whether Arthur should get DNA testing or not. The Innocence Project has consulted with Arthur’s attorneys, and supports the DNA testing that could prove Arthur’s innocence or guilt.
On Tuesday, the Alabama Supreme Court again ruled in Arthur’s favor, rejecting an appeal from Alabama Attorney General Troy King to set an execution date for Arthur. The Supreme Court decided 6-2 that the state must wait for the Jefferson County Court to rule on the DNA testing claim before it set an execution date.
Read the full story here. (Birmingham News, 09/25/08)
Thousands of Innocence Project supporters have sent letters to Alabama Gov. Bob Riley, urging him to order DNA testing for Tommy Arthur. Send your letter today.
Download recent filings in the case.
Tags: Alabama, Death Penalty, Tommy Arthur
Alabama Death Row Inmate Still Seeking DNA Tests
Posted: December 3, 2008 4:04 pm
Several times, Alabama death row inmate Tommy Arthur has come within days of execution before receiving a stay. Another inmate has confessed to committing the murder for which Arthur was sent to death row a quarter-century ago, but Arthur still can’t get access to the DNA testing that could prove his guilt or innocence.
His attorneys recently filed a new motion for DNA testing on evidence from the 1982 crime, and prosecutors have until Monday to respond.
Read the full story here. (Tuscaloosa News, 12/02/08)
Send an email to Alabama Gov. Bob Riley urging him to grant testing in Arthur’s case.
Tags: Alabama, Death Penalty
Alabama Man Still Pursuing Evidence for DNA Testing
Posted: January 6, 2009
The Tuscaloosa News reports that Thomas Arthur's attorneys are still pursuing DNA tests to prove his innocence in a 1982 murder in Alabama.
Arthur, who faces execution for the murder of Troy Wicker, has been on Alabama’s death row for a quarter century. Last September, the Alabama Supreme Court delayed Arthur’s execution and said the state must wait for the Jefferson County Court to rule on the DNA testing claim before it can set an execution date. Last fall, the state claimed that evidence in the case is missing – the first time the state has made such a claim, even though Arthur has been requesting DNA testing on the evidence for years. Arthur's attorneys are requesting a thorough, state-wide search for the evidence, which has not been conducted.
Although there was no DNA evidence used in the original, largely circumstantial prosecution, Arthur's attorneys are asking the state for a rape kit of the victim's wife, Judy Wicker, which was collected after the murder.
“The invaluable role of DNA testing in this case cannot be seriously disputed,” [attorney Jordan] Razza wrote. “This court should therefore direct the state to undertake a thorough search, and to the extent that it is still unable to find the rape kit, Mr. Arthur requests discovery relating to this issue.”
Attorneys at Sullivan & Cromwell represent Arthur; the Innocence Project is assisting in the case. Arthur's attorneys also want the court to listen to a confession made by inmate Bobby Ray Gilbert, who confessed to the murder of Troy Wicker. He also said he had sex with Judy Wicker on the day of the crime.
Judy Wicker initially told police that a man broke into her home, raped her and killed her husband. Police did not believe her, and she was convicted of killing her husband. Only then, in a deal for a reduced prison sentence, did she change her story and claim that Arthur committed the crime. DNA testing could show that her initial story was true, or it could show that Gilbert’s confession is accurate.
Read the full story here. (Tuscaloosa News, 1/5/09)
To see what kind of access inmates have to DNA testing in your state, visit our interactive map.
Tags: Alabama, Evidence Preservation, Access to DNA Testing, Eyewitness Misidentification, Death Penalty, Tommy Arthur
The Supreme Court and Unvalidated Science
Posted: July 6, 2009 3:09 pm
An editorial in the Birmingham News makes a strong case for federal oversight and support of forensic science across the U.S. – especially in the wake of a recent U.S. Supreme Court decision. In the Melendez-Diaz case, the court ruled 5-4 that defendants have a right to cross-examine experts who conduct forensic tests in their case.
The majority opinion, written by Justice Antonin Scalia, says “serious deficiencies have been found in the forensic evidence used at criminal trials.” The Birmingham News editorial agrees that there are major problems with forensic science and calls for the creation of the National Institute of Forensic Science, a reform recommended in the recent National Academy of Sciences report on forensics and supported by the Innocence Project.
In our view, cross-examining forensic scientists is only a partial answer to the problem.Learn more about the National Academy of Sciences report and sign a petition supporting the creation of a National Institute of Forensic Science here.
Congress needs to follow the advice of the National Academy of Sciences report -- specifically, to create an agency that can evaluate and improve these scientific techniques in criminal cases, set standards for their use and provide better oversight for practitioners and labs.
This is not just about making sure people aren't wrongly convicted of crimes, although that's part of it. Juries have often been led to believe that forensic tests on things like bullets and hairs are more authoritative than they are. Some people are sitting on Alabama's Death Row right now based largely on this kind of untested science. Even fingerprint identification has proved in some cases to be wrong.Read the full editorial here. (Birmingham News, 07/02/09)
Tags: Alabama, Forensic Oversight
Science Thursday
Posted: March 22, 2012 11:00 am
Tags: Alabama, Texas
Alabama Death Row Inmate Receives Stay Six Days Before Execution Date
Posted: March 23, 2012 5:45 pm
Tags: Alabama, Tommy Arthur
Science Thursday - May 3, 2012
Posted: May 3, 2012 12:30 pm
Tags: Alabama, Texas
Science Thursday - January 3, 2013
Posted: January 3, 2013 1:20 pm
Tags: Alabama, Massachusetts, Washington, Science Thursday
African American Wrongful Convictions Throughout History
Posted: February 28, 2013 4:35 pm
Tags: Alabama, Georgia, New Jersey, Mississippi, Tennessee, Racial Bias