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cause of convictions v. cause of exonerations (none / 0) (#5)
by txpublicdefender on Tue Apr 29, 2008 at 02:19:29 PM EST
Most, if not all, of the DNA exonerations in Dallas involved cases where the defendant was convicted almost solely on eyewitness testimony.  As someone who practiced in Dallas for several years, I can say that it was routine for people to be convicted of all sorts of serious crimes with little evidence beyond eyewitness testimony.  The jurors there simply do not demand more to convict.

When you get to the issue of why there have been so many exonerations, though, a couple other issues must be factored in.  Obviously, you could not have exonerations if you didn't have the wrongful convictions in the first place.  But, Dallas also uses the Southwestern Institute of Forensic Science (which is commonly referred to as the Dallas County crime lab) for all its testing and SWiFS doesn't destroy any of their evidence.  That is why they still have evidence from a case like this, where, 27 years after his conviction, all this man's appeals have been exhausted and the courts have essentially told him he can't file any more appeals.  In many jurisdictions, any evidence from such a case would have long ago been destroyed.  But, SWiFS kept everything, and so it can be tested.  The second factor is that, ever since Craig Watkins got into office, he has reversed the previous policy in Dallas--and the same policy that seems to exist in just about every other jurisdiction--to oppose every request for post-conviction DNA testing.  Instead of opposing them, he is working with the state Innocence Project to help identify cases that should be looked at again.  That is why there have been so many exonerations in such a short period of time.

My experience in Dallas pre-dated Watkins' election.  One of the attorneys in our office handled most all of the requests for post-conviction testing if the person didn't have their own retained counsel.  And the DA's office opposed those requests every time.  And many of the judges--including the appellate judges--read the law that provided for post-conviction testimony so narrowly, that people who should have gotten it as a matter of routine were denied.  I remember reading one opinion about a child rape case that baffled me.  The post-conviction testing law in Texas requires that identity have been an issue (as opposed to consent, for example) in the case in order to get testing.  This appellate court opinion upholding the trial judge's denial of the DNA testing request said that because the victim unequivocally positively identified the defendant as her assailant, identity was not an issue and he was not entitled to testing.  So, in their minds, identity wasn't an issue as long as it wasn't an issue for the victim.  

At any rate, I am pleased that this man is being released, finally.  And I am hopeful that something positive will come out of this summit.  But, I can't help but think about all the other people in all these years in Dallas County who were convicted of robbery, or some other type of offense where there is no DNA to test, all on the basis of an eyewitness who was "sure."  Until juries stop buying a "positive" eyewitness as sufficient evidence to convict, innocent people will continue to be wrongfully convicted.

txpd ... (none / 0) (#7)
by syinco on Tue Apr 29, 2008 at 02:37:51 PM EST
In your experience, has it now become a matter of course to bring to light, during trial, the general degree of unreliability of eyewitness testimony?  It seems that there is substantial literature and disturbing statistics that could be used to encourage a jury to appropriately weight such testimony.  Not being a lawyer, I'm not sure if there are trial rules that make that difficult or if it is now a commonplace tactic to do so.  

Thanks.    

[ Parent ]

No (none / 0) (#8)
by txpublicdefender on Tue Apr 29, 2008 at 03:39:43 PM EST
In most cases, judges still exclude that type of testimony.  Most commonly, judges rule that it doesn't meet the standard of being "helpful" to the jury because they say it is not something outside the jurors' common sense and experience.  This decision is routinely upheld on appeal.  Of course, it's ridiculous, but that's what judges use to keep it out.

[ Parent ]
Thanks (none / 0) (#10)
by syinco on Tue Apr 29, 2008 at 03:56:10 PM EST
It is precisely because it is contrary to common sense and experience, not to mention what is often at stake, that we need to allow such testimony.  That we make mistakes is understandable.  That we don't try to learn from them is perplexing.

I am curious to read appellate decisions that address the issue on that basis.

Anyhow ... thanks for the reply.

[ Parent ]

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