Dallas Defense Attorney Blog

April 27, 2009

New Evidence May Clear Man in Jail for 22 Years

Filed under: Falsely Accused, Rape, Robbery — LegalNews @ 6:14 pm

A 53-year-old Houston man is innocent and should be released from prison after serving 22 years for a rape and robbery, his lawyer said Friday, because faulty forensics and false testimony from the Houston crime lab secured his conviction.

A jury convicted Gary Alvin Richard in a 1987 attack on a nursing student in a trial based largely on blood-typing evidence from the Houston Police Department crime lab. But, prosecutors and the defense attorney agree, new tests completed Friday show that an HPD analyst misled jurors at Richard’s trial and failed to report evidence that may have helped him.

Based on the new tests, both sides will ask a judge next week to release Richard on bond while they sort out what happened in his case.

“This is a new chapter, among many, of mistakes that were made, of sloppy work at the crime lab,” said Bob Wicoff, Richard’s lawyer. “Most troubling are the results that were not passed on to people who needed them.”

Read the rest of the article.

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