Ethical Lapses, Forensic Impropriety and Extreme Carelessness; Another Day at the Harris County Criminal Justice Center
By Houston Criminal Defense Lawyer John Floyd and Paralegal Billy Sinclair
In October 2002 two young boys were playing together in downtown Houston when they were approached by a stranger who offered them money in exchange for removing some trash. One of the boys, who was eight years of age at the time, was lured into a nearby vacant house and sexually molested by the stranger.
Based on information supplied by the boy’s mother, Houston police officer Lisa Clemmons arrested a neighborhood resident named Ricardo Rachell for the sexual assault. The two boys identified Rachell as the attacker. That identification at the outset should have raised a red flag. Rachell has a terrible facial disfigurement caused by a shotgun blast years earlier. The molested boy did not mention any facial disfigurement to his mother when he initially told her about the sexual assault on the day it happened.
And the boy knew Rachell from seeing him around the neighborhood. The facial disfigurement caused Rachell to drool and he usually had a towel wrapped around his neck to wipe away the drool. While the young victim thought Rachell was “scary,” he did not identify the disfigured man as his attacker until the day after the sexual assault and only after his mother had talked to him about Rachell.
Officer Clemmons apparently did not perceive the significance of the boy’s failure to finger Rachell on the day of the attack. But she did collect biological evidence—clothing and medical swabs—from both the victim and Rachell. However, Rachell’s DNA was not processed so that it could be compared to biological evidence collected from the victim. Had Rachell’s DNA been properly processed and tested, he would not have been wrongfully convicted and sentenced to 40 years in prison in 2003.
In January 2008 Harris County Criminal District Court Judge Susan Brown issued a belated order that Rachell’s DNA be tested. In October the results of that testing disclosed unequivocally that Rachell was not the “stranger” who attack the boy. The wrongfully convicted man was released from custody on December 12, 2008 after six long years of protesting his innocence to anyone who would listen. (more…)
