Post by CCADP on Aug 18, 2005 18:39:48 GMT -5
Executed man's lawyer seeks evidence
The attorney for a man executed in 2000 said Wednesday he wants to find
out if the rediscovered evidence in his client's case might have made a
difference. "I will get my files and take a look to see if it would have
made a difference," said Troy McKinney, who was the appeals attorney for
Ponchai Wilkerson. Wilkerson was executed in March 2000 for a jewelry
store robbery-murder. "It's too late for Ponchai. But his family wants to
know and is entitled to know."
Houston police Chief Harold Hurtt on Tuesday announced the discovery of
about 150 pieces of misplaced evidence, including items from three capital
murder cases, during a computerization of the department's property
storage procedures.
Hurtt said the missing evidence worries him, but officials are "working so
tirelessly" to prevent problems in the future.
"Because of the responsibility that we have, the authority that we have,
we can't afford to have this type of questioning about our processes," he
said.
The DNA section of the police department's crime lab has been closed since
late 2002 after an outside audit revealed serious deficiencies, including
a lack of training for workers and possible evidence contamination.
Since early 2003, the police department and the Harris County District
Attorney's Office have worked with outside DNA laboratories to review more
than 400 criminal cases involving DNA testing performed by the police lab.
So far, one man, Josiah Sutton, was released from jail based on retesting
in a rape case. Sutton was pardoned last year.
Another man, George Rodriguez, who was imprisoned for 17 years for
kidnapping and rape, was released when a judge recommended a new trial in
his case last year. The judge said inaccurate evidence may have led to his
1987 conviction.
In August 2004, police announced that lab evidence connected to 8,000
criminal cases, including 28 capital murder cases, had been mislabeled and
improperly stored.
Hurtt said of the 150 pieces of misplaced items announced Tuesday, police
found a car seat related to Wilkerson's case.
The car seat might have been evidence in a crime spree Wilkerson was
accused of taking part in during the time of the murder, McKinney said.
The crime spree was used against Wilkerson during his sentencing, but
there have been questions whether he took part in all these crimes, his
attorney said.
Police also found a cigarette butt collected during the investigation of a
1991 robbery-slaying of a Houston bank teller. Robert Campbell is on death
row for the murder.
Hurtt said he believes the evidence from the capital murder cases was
available at the time of their trials. The cigarette butt in the Campbell
case was not part of the evidence used in his conviction, he said.
McKinney said he was not aware of the car seat until Hurtt made his
announcement Tuesday.
Hurtt said the police department is still waiting for the City Council to
approve $1.6 million to pay for the next stage of an independent
investigation of the crime lab.
The probe currently is on hold because of the funding issue. Michael
Bromwich, a former inspector general with the U.S. Justice Department, was
hired to conduct the investigation.
"I applaud Chief Hurtt for pushing strongly for the remaining money for
the investigation," McKinney said. "Until HPD gets this behind them and
all the problems are fixed, there is good reason for everyone to question
the integrity of everything coming out of HPD."
(source : Associated Press)
The attorney for a man executed in 2000 said Wednesday he wants to find
out if the rediscovered evidence in his client's case might have made a
difference. "I will get my files and take a look to see if it would have
made a difference," said Troy McKinney, who was the appeals attorney for
Ponchai Wilkerson. Wilkerson was executed in March 2000 for a jewelry
store robbery-murder. "It's too late for Ponchai. But his family wants to
know and is entitled to know."
Houston police Chief Harold Hurtt on Tuesday announced the discovery of
about 150 pieces of misplaced evidence, including items from three capital
murder cases, during a computerization of the department's property
storage procedures.
Hurtt said the missing evidence worries him, but officials are "working so
tirelessly" to prevent problems in the future.
"Because of the responsibility that we have, the authority that we have,
we can't afford to have this type of questioning about our processes," he
said.
The DNA section of the police department's crime lab has been closed since
late 2002 after an outside audit revealed serious deficiencies, including
a lack of training for workers and possible evidence contamination.
Since early 2003, the police department and the Harris County District
Attorney's Office have worked with outside DNA laboratories to review more
than 400 criminal cases involving DNA testing performed by the police lab.
So far, one man, Josiah Sutton, was released from jail based on retesting
in a rape case. Sutton was pardoned last year.
Another man, George Rodriguez, who was imprisoned for 17 years for
kidnapping and rape, was released when a judge recommended a new trial in
his case last year. The judge said inaccurate evidence may have led to his
1987 conviction.
In August 2004, police announced that lab evidence connected to 8,000
criminal cases, including 28 capital murder cases, had been mislabeled and
improperly stored.
Hurtt said of the 150 pieces of misplaced items announced Tuesday, police
found a car seat related to Wilkerson's case.
The car seat might have been evidence in a crime spree Wilkerson was
accused of taking part in during the time of the murder, McKinney said.
The crime spree was used against Wilkerson during his sentencing, but
there have been questions whether he took part in all these crimes, his
attorney said.
Police also found a cigarette butt collected during the investigation of a
1991 robbery-slaying of a Houston bank teller. Robert Campbell is on death
row for the murder.
Hurtt said he believes the evidence from the capital murder cases was
available at the time of their trials. The cigarette butt in the Campbell
case was not part of the evidence used in his conviction, he said.
McKinney said he was not aware of the car seat until Hurtt made his
announcement Tuesday.
Hurtt said the police department is still waiting for the City Council to
approve $1.6 million to pay for the next stage of an independent
investigation of the crime lab.
The probe currently is on hold because of the funding issue. Michael
Bromwich, a former inspector general with the U.S. Justice Department, was
hired to conduct the investigation.
"I applaud Chief Hurtt for pushing strongly for the remaining money for
the investigation," McKinney said. "Until HPD gets this behind them and
all the problems are fixed, there is good reason for everyone to question
the integrity of everything coming out of HPD."
(source : Associated Press)