DNA evidence overturns 30-year convictions in US case

Two US men who spent three decades in prison for rape and murder, one of them on death row, have been released after DNA evidence proved their innocence.

Mentally disabled half brothers Henry McCollum, 50, and Leon Brown, 46, were convicted in 1984 of raping and killing an 11-year-old girl in North Carolina.

DNA evidence overturns 30-year convictions in US case

The article states that they were released on the basis of DNA evidence obtained by the Carolina Innocence Inquiry Commission, which their defence had previously been unable to obtain.

Granted, DNA evidence in criminal trials was only used for the first time in 2004, during the Manslaughter trial of Craig Harman in the UK, so DNA evidence would not have been available during the trial of these two poor innocent men. It does however raise the question, why was this DNA evidence not made available sooner?

It also emphasizes the point, that there can never be a 100% certain guilty verdict. These men were 100% guilty at the time.

originally posted by: BMorris

It also emphasizes the point, that there can never be a 100% certain guilty verdict. These men were 100% guilty at the time.

DNA will ensure that those 'errors' will never happen again

a reply to: eletheia

Not really, plenty of DNA manipulation cases abound as well. They have been good on saving a few people from years past though. Any case with DNA evidence before the years it was possible to test should be re-examined.

Just shows you can get railroaded on circumstantial evidence. They just want to hang someone. That is why when they find no one they usually blame the spouse and get away with that too. Fingerprints only use 10 markers complete print doesn't have to match. I have personalty seen cases where they said it was a match and i was not. Guilty. Just after 911 there was i believe a train bombing in Europe, think he was from Oregon. I guy was accused by the FBI i believe for doing it. They said it was a match and were hunting for him. Not sure think he was in France. USA demanded him to be sent here. The other country ask for the print evidence and compared the prints and said they did not match. If not for the other country intervening i am sure he would be i jail for terrorism. If that isn't bad enough with 10 markers used for print. I think DNA uses about the same and has. Actually they used to test like 15 makers and say it was indisputable proof. Now they use over 40 for family trees because it ended up not being accurate.

Over forty and this one says 23 pairs, that's different 2001 though
www.dnaftb.org...

Other articles say different things

Truth is i think we don't know enough in my opinion.
Until we know everything about all the markers and what they mean and only if ALL match it is not indisputable proof like they claim.

98% unknown???

www.psrast.org...

Remember the lie detector was indisputable proof at one time too. Not even admissible in court anymore.


FOOD FOR THOUGHT

Don't believe me, don't believe the propaganda. Check for yourself.

a reply to: BMorris

I read this story yesterday. What a travesty of justice. These poor brothers aren't the only ones. And one of them was on freaking death row. Amazing that he wasn't executed already.

The original prosecutor makes the comment that he still strongly believes in their guilt.

Makes me sick to my stomach.

The true culprit lived a block away from where the girl's body was found and WAS a suspect from the beginning.

Disgusting.

a reply to: BMorris

People also need to understand that DNA evidence that is taken and tested can be retested down the road if the techniques used are improved upon.

As an example blood evidence and testing went from needing a blood sample that was recently fresh (wet) and the size of a half dollar to only needing a sample that can be picked up with a q-tip and is wet or dry.

This technology, as was noted in the op as being new, is going to advance year after year. DNA evidence that cannot be tested could possibly be tested down the road.

Personally speaking since the technology is present and accepted by the courts I think the Prosecution should be required to use those tests in order to support their charges. If we are going to place someone on trial for murder / serious felony where they can be imprisoned for their life / sentenced to death then the latest technologies should be required to be used.

There have been many people executed and then found to be innocent.

The DAs just want to male a name for themselves. Justice has nothing to do with it.

That should make anyone living in a state where they are willing to kill an inmate think twice.

originally posted by: Iamthatbish
There have been many people executed and then found to be innocent.

The DAs just want to male a name for themselves. Justice has nothing to do with it.

That should make anyone living in a state where they are willing to kill an inmate think twice.

This is not factual or true. I will agree there are DA's like you described, not all of them are that way. Secondly you need to consider how long it takes for a person who is convicted and sentenced to life / death to actually reach the death sentence portion.

All states (if I remember right scotus ruling applied it to all states) requires an automatic appeal if a person is sentenced to death, regardless if the person wishes the appeal or not.

It never ceases to amaze me that a justice system that is supposed to be based on "innocent until proven guilty" can somehow "prove" that someone is guilty when they haven't even committed the crime! How the hell can anyone find "proof" when the accused person wasn't even there??

originally posted by: Mogget
It never ceases to amaze me that a justice system that is supposed to be based on "innocent until proven guilty" can somehow "prove" that someone is guilty when they haven't even committed the crime! How the hell can anyone find "proof" when the accused person wasn't even there??

Most of the time when evidence cannot be found it must then be created. Then, in the place of "Proof" insert the word "Convince".

Oh ya, the whole "innocent until proven guilty" thing. Ya, that's just the lie that they tell to the slaves so they don't fear the knife being constantly held to their throat. Innocent is something you can buy if you have the means. Otherwise, you're pretty much up "sh*t creek".

Police want one thing. An arrest
Prosecutors want one thing. A conviction. They look at a case not for 'justice' or the 'law', or guilt. They as 'can I get a conviction (for x. y.z) here? If not I won't go to trial. If so I'll pick an indictment that's slightly lower and hope there's enough doubt to get a conviction (for manslaughter rather than first degree murder, for example) (*).

Judges want one thing. A potential political appointment or an appointment to a higher bench. They will bring whatever verdict that the political climate seems to promote. Even the SCOTUS judges pick the politically correct verdict over logic, the law or justice.

We think there is justice. There is rarely justice. The money goes to the legal system not to the victims.

(*)(Now, it is true in some cases they look to the highest indictment they can score; that carries a perk on their resume.)

THIS IS ABSOLUTELY FACTUAL AND TRUE!

This was 30 secs on my phone to get you these links. Not even the case that brought to my attention that sometimes DNA evidence is inadmissible in court! So thanks for making me sad to remember this. However, you should take the time to look unit the injustice system. You'll be sad too.



camerontoddwillingham.com...

www.washingtonpost.com... esh-doubts-over-a-texas-execution/

listverse.com...

originally posted by: Xcathdra

originally posted by: Iamthatbish
There have been many people executed and then found to be innocent.

The DAs just want to male a name for themselves. Justice has nothing to do with it.

That should make anyone living in a state where they are willing to kill an inmate think twice.

This is not factual or true. I will agree there are DA's like you described, not all of them are that way. Secondly you need to consider how long it takes for a person who is convicted and sentenced to life / death to actually reach the death sentence portion.

All states (if I remember right scotus ruling applied it to all states) requires an automatic appeal if a person is sentenced to death, regardless if the person wishes the appeal or not.

I'm sure there are a lot of good Judges in the Supreme courts and the likes and that
DNA evidence has come on leaps and bounds and will no doubt get even better,
this thing should never have happened.

The mentally challenged half brothers, no attorney or parent figures around during the
confession stages, all sounds very dodgy from the reports I have read, especially if the guy
who did commit the crimes was arrested for a similar crime not too long after.

This is the type of story that reenforces my anti capital punishment belief unless it is
150% indisputable.

Whenever a bad crime happens in Britain, long before the case you'll see many Facebook pages and the likes wanting to bring back hanging, with glorious support. I shudder every time, all because of the likes of this.

Reminds me of Girl X and how CPD first said a 6 and 8 year old duo raped and sodomized her, made her drink drano and raid, which led to her going blind and deaf. Her father advocated for her justice and CPD for over 2 years PINNED IT ON HIM!!!! I mean the guy was at work when the thing happened....everyone later said an off duty officer that worked the projects did it and CPD was being defensive to protect him. Damn thing still hasn't been resolved 20 years later.

DNA or no DNA, I think anything can be construed to someone's benefit. The film Just Cause proved that theory.