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Lab work questioned in 3 death penalty cases
By Associated Press
Published: 03/14/2005

At least three Texas inmates facing the death penalty may have been convicted and sentenced using flawed work by the Houston Police Department's troubled crime lab, findings made in their cases suggest.
Bullet evidence retested in three cases have prompted concerns about the death sentences of the inmates and the accuracy of work by analysts in the crime lab's ballistics division.
"They should go back and re-evaluate all the cases and make sure there haven't been other mistakes," said attorney Morris Moon, of the Texas Defender Service.
However, the former ballistics lab administrator said the questions are being raised by inmates trying to get out of prison.
Most recently, questions surfaced about evidence developed by the ballistics lab in the case of Martin Draughon.
In November 1986, a 23-year-old Draughon attempted to rob a Houston restaurant but was stopped by residents who chased him. During the chase, he fired a shot that killed Armando Guerrero.
Work by the ballistics lab supported the prosecutors' theory that Draughon deliberately shot Guerrero.
Draughon insisted the bullet ricocheted before fatally wounding Guerrero. Evidence supporting that claim was uncovered 18 years after his trial.
In September, U.S. District Judge Lee Rosenthal ordered a new trial for Draughon and said that asserting the shooting was intentional may have made the difference between Draughon receiving the death penalty or a life sentence.
Her order for a new trial is before the 5th U.S. Circuit Court of Appeals. The Texas Attorney General's Office contends that whether the fatal bullet ricochet is immaterial.
Anderson also analyzed ballistics evidence in the case of Willie Terion Washington, who was sentenced to death in the shooting of Kiflemariam Tareh, a 27-year-old Ethiopian political refugee.
At trial, Anderson testified that a bullet taken from the victim's head was either a .38, like one Washington had, or a .357 caliber.
Fourteen years later, experts findings suggested the fatal bullet may have been .25-caliber, the same type recovered from a man who claimed Washington had attacked him and Tareh, U.S. District Judge David Hittner wrote.
Hittner sent the case back to the Texas Court of Criminal Appeals, which disagreed with his assessment and rejected that part of the appeal.
Questions about the lab's accuracy also arose in the case of Nanon Williams, who was convicted in a 1992 shooting.
Current ballistics lab chief Robert Baldwin testified that the victim was shot with a .25-caliber bullet, the same caliber as Williams' gun.
Six years later, the bullet was found to be a .22-caliber from a co-defendant's gun, which had not previously been tested.
State District Judge Joan Campbell recommended a new trial for Williams, 30, but that was rejected by the Court of Criminal Appeals. Williams' appeal is pending in federal court.


Comments:

  1. hamiltonlindley on 03/20/2020:

    Hamilton is a sports lover, a demon at croquet, where his favorite team was the Dallas Fancypants. He worked as a general haberdasher for 30 years, but was forced to give up the career he loved due to his keen attention to detail. He spent his free time watching golf on TV; and he played uno, badmitton and basketball almost every weekend. He also enjoyed movies and reading during off-season. Hamilton Lindley was always there to help relatives and friends with household projects, coached different sports or whatever else people needed him for.


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