CRIMINAL JURISDICTION

Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair

August 3, 2010

HOUSTON-HARRIS COUNTY NEEDS AN EMERGENCY DNA LAB

Independent DNA Lab Necessary to Successfully Prosecute Dangerous Criminals and Prevent Wrongful Convictions

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Last month we posted a blog about the ever increasing need for an independent crime lab in Harris County. The Houston Chronicle reported recently about Harris County District Attorney Pat Lykos’ call for an “emergency DNA lab.” The newspaper reported that the Houston Police Department’s (HPD) DNA lab, which has been plagued with mismanagement and scandals over the past several years, has 4,076 rape kits dating back to 1996 which have not been DNA tested and another 969 criminal cases scheduled for DNA testing.

The DNA lab problem is acute, and despite the millions county taxpayers have paid to correct the HPD’s crime lab deficiencies, the clouds of despair still loom on the horizon. DA Lykos told the Chronicle that the DNA backlog grows by 75 cases each month. She urged city-county officials to honor its commitment to an “emergency” DNA lab which would not only deal with the backlog of cases but process the ones coming in each month as well. She said vacant labs at the Texas Medical Center could be retrofitted into a “temporary lab” at a cost of $1.3 million until a regional crime lab could be constructed.

But this leads to yet another problem—the more serious one, the “political problem.” The Chronicle reported that Houston Mayor Annise Parker and the HPD are “cautious about a forensic partnership.” Parker pointed out that  Lykos’ proposed project was not included in HPD’s $666 million dollar budget approved earlier this year. While the mayor said she is committed to removing as many “forensic applications” as possible from the control of the HPD, a goal that we laud as extremely significant and encouraging, she added this cautionary note: “This is not a good economy to be launching new initiatives that cost more money. On the other hand, we really can’t put a price on justice, and these kinds of cleanup operations have proved to be extremely expensive to the city of Houston.”

As the city former comptroller, the mayor is budget conscious as she should be, but DA Lykos’ determination to move the wheels of justice forward is clearly putting political pressure on Parker’s cautious approach. Pointing out that earlier this year she secured a commitment from the Harris County Commissioners Court to develop a plan to establish a “temporary DNA lab” by mid-September, the District Attorney told the Chronicle: “I cannot overstate the vital importance and necessity of the court to authorize the budget office to proceed immediately [with funding for the temporary lab]. The scientific tools exist to identify, apprehend and successfully prosecute dangerous criminals and prevent wrongful convictions. And we don’t have them.”

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August 1, 2010

MISTAKEN IDENTIFICATIONS SENT TWO INNOCENT MEN TO PRISON

Suggestive Police Procedures and Mistaken Identification Resulted in Two More Wrongful Convictions and Incarcerations, One for 27 Years

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

Our criminal justice system is flawed. Its imperfections can be found in the 255 DNA exonerations of innocent offenders and the 138 people released from death row since 1973 in this country. But, paradoxically, its perfection lies in its willingness and ability to correct the imperfections brought about by human mistake. According to the New York-based Innocence Project, mistaken identification is the “greatest cause for wrongful convictions,” playing a role in 75 percent of the nation’s DNA exonerations. Twice this year we have posted pieces dealing with the dangers, and, yes, tragedies caused by, the mistaken pointed finger (here and here).

Two recent Harris County cases involving wrongful convictions of innocent men brought about because of mistaken identification illustrate not only the tragedy but just how easy it for an innocent man to be sent to prison, especially with emotionally charged crimes such as sexual assault. The first case brought to the public’s attention by the Houston Chronicle (here, here, here, and here) was Allen Wayne Porter who was convicted of rape and robbery in 1991. The case from the outset had some strange twists and turns.

In June 1990, three armed masked men invaded a Houston apartment where they terrorized and robbed its four occupants, and also raped its two female occupants. The apartment reportedly was the residence of a known drug dealer and the armed intruders were looking for $30,000 in cash. The leader of the trio was Porter’s nephew, a man named Jimmy Hatton. Another man, though never charged with the crime, named Perry Harrison would later admit to being one of the other two men who accompanied Hatton. The robbers were driven to the drug dealer’s apartment by Hatton’s former wife, Stephanie Wallace-Venters.

Hatton was arrested shortly after the home invasion. He was put on trial in December 1990. He was convicted and sentenced to life imprisonment. Porter attended the trial and was seen by one of the rape victims who immediately identified him as one of her attackers. Porter was arrested, put to trial in 1991, and, like his nephew, was convicted and sentenced to life in prison.

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