If your DNA matches blood, hair, or saliva found at a crime scene or on a victim, your defense will require a great deal of extra effort. Last spring, Thomas got court permission to try another avenue: have a laboratory do “touch DNA” testing of swabs that had been taken from Dodge's hands. It is quite frightening to think that without this DNA evidence over 325 innocent men and women in the US alone would still be behind bars, 20 of them on Death Row. But it’s hard for a judge to overturn a 15-year-old conviction.” Last summer, an appeals court judge ruled against Robinson’s appeal. In 1995, on the expiry of the statute of limitations, a convicted sex offender, Jerry Johnson wrote to police to confess the crime but these letters were not acknowledged by the police or prosecutor’s office. In 2006, he faked DNA evidence that was used to solve the murder of Jessica O’Grady. Police had a forensics lab produce a profile of 35 loci on the Y chromosome from semen found at the crime scene; then they obtained a subpoena to have Ancestry.com, the largest genealogy company in the world, compare the profile with a Y chromosome database that the company had bought in 2012 from a Mormon genealogy foundation. Testing these kits might have yielded DNA evidence that could have advanced investigations. On the the basis of falsified evidence, her presumed killer, Christopher Edwards, may now have legal grounds to overturn an otherwise convincing murder conviction. Support List Land! Yes, over 800 rape cases over a period of 10 years from 2001-2011.. Coupled with confessions from the murderers and DNA evidence, Williams, Adams, Rainge, and Jimerson were finally exonerated after 17 years in prison. In 2004, he moved to BSU, where, in addition to teaching and doing research in genetics, he helped found the Idaho Innocence Project. In 2010 an analysis of DNA evidence not previously provided to the defense showed that it was linked to a local man, Roscoe Artis who was found guilty of a similar crime just one month after the murder of little Sabrina Buie. The prosecution presented the evidence that Clay's DNA was found in the rape kit. “He knows his stuff and is a great witness. Kenneth Adam’s girlfriend was brought into the police station and held without access to a lawyer for a few days following which she confessed to having seen the four men rape the woman and watched as one of them, Dennis Williams, subsequently shot the pair. In 161 of those cases the analysis of the DNA evidence has led police and prosecutors to the real perpetrators. My name is Megan and I create true crime content on YouTube. Even if police can't match DNA from a crime scene to FBI's national DNA database, loosening their search criteria may lead to a so-called partial match—possibly a relative of the perpetrator, which could provide an investigative lead. He has since refused to acknowledge the clear results of the DNA evidence. The man, who had submitted a cheek swab at the urging of his Mormon pastor, was too old to fit the killer’s profile. Further testing, in 2002, of hairs recovered from the victim showed that they were a match for a man convicted for a sex attack shortly after the one by Lake Michigan, the perpetrator bore a striking similarity to Steven Avery who was released in 2005. Its accuracy has made DNA evidence virtually unassailable. Timothy Cole had extensive alibi evidence which was disregarded as was the fact that he did not smoke due to having asthma (the perpetrator smoked during the attack). He served his full term but was then re-arrested and made to serve a further 6 months for failure to register as a sex offender. The victim had been found clutching hairs probably from her assailant. Studies have confirmed this. The New Times reports that the New York City Medical Examiner’s office is reviewing over 800 rape cases where DNA evidence was possibly mishandled by a lab technician. Idaho Falls police detained Tapp because he was a friend of their prime suspect, who was eventually released. He worries that the court might reject the new evidence, as they have in previous appeals. He works with defense attorneys and police around the world, trying to free innocent people by exploiting the power of DNA forensics—or by exposing its pitfalls. At times, DNA evidence has been misused or misunderstood, leading to miscarriages of justice. Here is our list of 10 of the most interesting cases where convicts walked free because of DNA evidence. “There has been a hundred years of precedence, not a hundred years of data,” says Ralph Haber, a consultant who has studied the reliability of forensic evidence. Sutton’s case was taken up by Robert Wicoff, a defense attorney in Houston, who persuaded a Texas judge to have the DNA evidence reprocessed by a private testing facility. In 2015 Cathy Woods was finally released from a 34 year imprisonment as a result of DNA evidence. Case study: forensic laboratory contamination In October 2011, Adam Scott was arrested and charged with raping a woman in Manchester, UK. Perhaps it might have been better for all concerned if he had never been released in the first place. Despite DNA evidence that showed the semen in the rape kit was not a match, Deskovic was convicted and sentenced to 15 years to life in prison. The samples were able to identify the real perpetrator but sadly, as Texas has a statute of limitations for rape crimes, he could not be prosecuted and brought to justice. In 1995 the DNA evidence in the crime was examined and was shown to be from an unknown person, this evidence was not enough to exonerate Avery. Some were even at risk of execution for those crimes. In 1985 the victim admitted to having lied about the rape. But he puts on a brave phone voice for him as he explains the options. As a result the case was sent to the English Court of Appeal and Sean Hodgson was released in 2009. Thanks to a series of advances—including the polymerase chain reaction, which can multiply tiny amounts of DNA—it’s now possible to detect DNA at levels hundreds or even thousands of times lower than when DNA fingerprinting was developed in the 1980s. The prosecution maintained that the 11-year-old girl had obtained the foreign semen through another sexual encounter prior, that was completely consensual. It is often said that DNA was used first to convict Colin Pitchfork of the murder of two school girls in the 1980’s. In early cases, DNA testing was typically used when a suspect had already been identified, often when an abundance of biological evidence is left behind for comparison, Murphy explained. He noted that the bra clasp hadn’t been collected until 46 days after the murder, and not until several crime scene investigators had picked it up, passed it around and then put it back down on the floor to photograph its position—all of which could have caused Sollecito's DNA to end up on the clasp. No one has fought for him longer than Hampikian, a researcher at Boise State University (BSU). My name is Megan and I create true crime content on YouTube. Four of his clients were eventually executed. Michael Phillips made history as the first US man to be exonerated by a DNA test he did not request. An informant claimed to have heard Dennis Williams and Willie Rainge boasting about the murder. The wrongful conviction, plagued with racial profiling and highly suggestive eyewitness identification procedures, was vacated based on newly discovered DNA evidence (Queens, New York – November 19, 2020) Today, Jaythan Kendrick walked free after 25 years of wrongful conviction for a murder in Queens, New York. The wrongful conviction, plagued with racial profiling and highly suggestive eyewitness identification procedures, was vacated based on newly discovered DNA evidence (Queens, New York – November 19, 2020) Today, Jaythan Kendrick walked free after 25 years of wrongful conviction for a murder in Queens, New York. Hampikian's lab also tested the DNA of four employees from a local TV news station; all four had at least two alleles in common with the crime scene, like Robinson. Yet in recent years Hampikian and other geneticists have begun to question the technology. Following his release he was deported back to Nepal for overstaying his visa, he had served a total of 15 years in jail. It is also surprisingly common for witnesses to a crime to make a misidentification. There he was arrested for the 1997 murder of a businesswoman/prostitute Yasuko Wantabe who was strangled to death in a brutal attack that attracted prurient headlines across Japan, mostly related to the lifestyle choices of the poor victim. They found DNA from a member of the dean’s staff on one of the knife blades. Farah Jama’s conviction rested solely on DNA evidence that was wrong. Gary Dotson requested a retrial but was denied as the judge felt that the victims recantation was not believable, the case was handed over to the State Governor who refused to issue a pardon. The articles details the technician’s responsibilities. No physical evidence ever linked Rivera to the crime, his DNA was even tested against the fluid found on the body and it was not a match. At least two jurors publicly stated after trial that the shoddy DNA evidence persuaded them of Holtzclaw’s collective guilt. ‘The Ford Heights Four’ were convicted of the 1978 murder of a young couple and the brutal gang rape of the woman. In 1994 the informant admitted to having made up his evidence to take advantage of a deal on charges against him for another crime, subsequently the four men were able to gain access to DNA evidence, the testing of which exonerated them and implicated another three men. He was declared innocent in 2013, just in time for his 50th birthday, he was 18 when he was arrested and lived most of his life under the shadow of a wrongful conviction. Coble asked 108 labs across the country to determine whether a separate DNA sample, which he posited had come from a suspect in the robberies, was also part of the mix. In 2015 Cathy Woods was finally released from a 34 year imprisonment as a result of DNA evidence. It’s a bit like pulling the handles of two slot machines with 13 cylinders each—all containing dozens of symbols—and hoping they match up right down the line. (Usry, meanwhile, has become so interested in Tapp’s case that he announced plans to make a film about it.). A man convicted of murdering Adelaide schoolgirl Louise Bell argues on appeal that his conviction should be overturned because forensic evidence cannot prove how his DNA got on her pyjama top. His request was only granted in 2012 at which point the DNA evidence was examined and he was declared innocent. While the DNA profiles were being entered, Sotolusson's name and the cellmate's name were switched accidentally. Michael Phillips was arrested by armed police in a dawn raid on his property and taken from bed straight to the police station where the victim identified him in a line up. All rights Reserved. One of them, a 26-year-old white female, had three. Kirk Odom was convicted on the basis of the identification and the hair analysis. Each locus contains a “short tandem repeat,” a bit of DNA that is repeated multiple times. Indeed, White's DNA matched 11 of the 13 alleles found in a DNA mixture at the crime scene that did not belong to the victim. Nevertheless he continued to protest his innocence in the affair and requested a re-trial. For the study, Hampikian and U.K. psychologist Itiel Dror asked 17 analysts at a reputable U.S. lab to interpret the electropherograms from the case, without specifying their origin. Tapp is in prison for a murder he swears he did not commit. Hampikian became a founding member of the board of the Georgia Innocence Project, launched in 2002. Hey there, welcome to my channel. “Too much is left to the analysts’ discretion.”, Hampikian conducted a similar study using DNA evidence from a real crime: the case of Kerry Robinson, a Georgia man serving 20 years for taking part in a gang rape. He said another 36 cases were affected but did not need a replacement statement as the new figures were not below the original value. They spent 4 years in prison before being freed by an appeals court, only to later be found guilty again. None of the other victims of similar attacks recognized Timothy Cole so he was tried for only the single rape. He also failed to point out other evidentiary inconsistencies relating to blood and hair. A mere 25 or 30 cells will sometimes suffice. Cathy Woods was released in September 2014 and all charges against her were dismissed in March 2015. Steven Avery’s case is one of the most interesting chronicles of men exonerated by DNA. Greg Hampikian lab, Explore; Boise State University professor. Help us create more great content. A man convicted of murdering Adelaide schoolgirl Louise Bell, who was abducted from her bedroom in 1983, has argued on appeal that the guilty verdict was "unsafe and unsatisfactory" because forensic evidence cannot prove how his DNA got on her pyjama top. The Supreme Court of Canada set it aside in 1992, and Milgaard was subsequently cleared by DNA evidence five years later. At that point the analysis becomes highly subjective. With a simple sample, analysts look at two sets of peaks at a given locus: one for the victim and one for the perpetrator. "The problem is someone typed in the wrong name," Assistant District Attorney J. Charles Thompson said. Analysts are picking up DNA transferred from one person to another by way of an object that both of them have touched, or from one piece of evidence to another by crime scene investigators, lab techs—or when two items jostled against each other in an evidence bag. For Stephen Cowens of Roxbury, Massachusetts, it was six and a half years too long. It was discovered by an FBI agent on the bedsheet of a 78-year-old woman who had been raped by … Sean Hodgson was convicted for the 1979 murder of a 22 year old barmaid Therese De Simone in Southampton UK and served 27 years in jail for the crime. It is also not uncommon for too much weight to be given to the evidence of informers many of whom are not disinterested parties as they are offered an inducement such as a sentence reduction if they provide evidence to the prosecutors. He was charged with the 1990 rape of a 16 year old girl at a motel. 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The main reasons for wrongful conviction are strikingly similar in many cases. Nevertheless, the Italian court found Knox and Sollecito guilty. The charges against one of the men, Verneal Jimmerson, were dropped but Paula Gray, who had recanted her confession, was then charged with murder along with the remaining three men. Many others think he’s innocent as well—lawyers, journalists, an organization of former judges; even the victim’s mother. Working on the theory that several people must have attacked Angie Dodge, police offered Tapp immunity if he would reveal the name of the other assailant. (It could.) © 2021 American Association for the Advancement of Science. The stories of these people should serve as a warning to society and to our police and prosecutors to ensure that a single crime does not give rise to two innocent victims. “How’re you doing, Chris?” Hampikian begins. DNA evidence exonerated him of the crime, and he is now free after serving 18 years total. Twelve of the analysts excluded Robinson from the mixture, four said they could draw no conclusion, and only one said Robinson’s DNA was in the mix. In this case the witness Ms Thomas was not cross-examined. The judge refused to allow evidence of other similar attacks that Cole could not have committed to be presented. At the time the murder took place DNA sampling was not available as a tool in investigations. DNA evidence including semen and samples from her nails and body hair was taken from the victim but was not tested at the time of the original trial because the semen samples were allegedly too small for the then available techniques. Yet that person had not touched or even been in the same room with the knives. There was no physical evidence to connect either of the convicted brothers to the murder but, following five hours of police interrogation without lawyers or family support present Henry McCollum confessed to the murder and Leon Brown agreed to sign a confession written down by the police. During the third trial, the defense presented evidence that the initial blood splatter expert had falsified his credentials and had no history of working with blood splatters. One possible approach is a search process called familial DNA. The victim gave a description of the attacker to the police but was unable to identify her attacker in photographs shown to her. “Just because it’s DNA doesn’t mean it’s good science,” he says. Michael Phillips maintained his innocence until offered a reduction in sentence to 12 years through a plea bargain (he was potentially looking at a 99 year sentence). After all, the prosecution's case was based on DNA evidence; Knox's genetic fingerprints were found by Italian police on the handle of a kitchen knife, which also had the victim's DNA … It is also not uncommon for the convictions to be the result of a false confession made at the time of arrest and subsequently retracted or due to false testimony by police informers seeking to gain advantage in their own cases. Tapp has been in jail since 1998, serving a 25-years-to-life sentence for the murder of a 19-year-old woman named Angie Dodge; he confessed after a series of lengthy interrogations that several experts have described as coercive. She was convicted in 1980 and sentenced to life imprisonment. I don't think people are evil, but once they are convinced of a story, they protect it. Steven Avery provided 16 alibi witnesses but a forensic examiner’s testimony that his hair matched that found on his shirt matched the victim and her own strong evidence led to his conviction. They said Tapp held Dodge's arms down while one or two other men assaulted and killed her. List Land also generates revenue through sponsored or paid posts. His defense argued that little or no weight should be given to his confession as he was a pathological liar. Police found plenty of male DNA at the scene, and it did not match Tapp's. Thanks for reading, please support our sponsors. “You know my offer still stands. Govinda Mainali traveled from his native Nepal to work in Japan. False or misleading forensic evidence was a contributing factor in 24% of all wrongful convictions nationally, according to the National Registry of Exonerations, which tracks both DNA and non-DNA based exonerations. A faulty analysis of hair evidence is surprisingly common across many of the stories of people set free by DNA, analysis often claim to be able to match hair with a particular suspect on the basis of characteristics but this is almost impossible. The men’s attorney was later disbarred for fraud in another case and admitted that he was too stressed, during the original trial, to defend the men properly. On a Tuesday morning in Boise, biologist Greg Hampikian is on speakerphone with Christopher Tapp, an inmate at the Idaho State Correctional Institution. Having had significant success (33 exonerations from 2007) they turned their attention to rape cases that occurred prior to routine DNA tests becoming mandatory for crime samples. The chance that two people have the same pairs at all 13 loci is astronomically low. The mishandling of DNA evidence led sex-crime investigators to not have available evidence that was could have been used to develop cases against rape suspects. As the nation’s only Innocence Project director who’s also a scientist, “he’s absolutely essential to what we do,” said Aimee Maxwell, executive director of the Georgia Innocence Project in Decatur, which Hampikian co-founded. “The specific category of crime scene DNA … The Innocence Project came across Deskovic’s case in 2006, and conducted further testing with newer technology on the semen in the rape kit. Two of those men pleaded guilty to the crime in 1997. In November 1983 15 year old Lynda Mann was found raped and strangled on a deserted footpath in Narborough. AAAS is a partner of HINARI, AGORA, OARE, CHORUS, CLOCKSS, CrossRef and COUNTER. Ms Thomas was not cross-examined Milgaard was subsequently cleared by DNA at risk of execution for those.... Witness Ms Thomas was not cross-examined assaulted and killed her for only the single rape a. Following his release he was deported back to Nepal for overstaying his visa, he had been! 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