Dollar Store Justice

WV Police Crime Lab finds No DNA On Blood Soaked Clothing

A news item in the Parsons Advocate on June 16 2010 written by Heidi Pitzer reads, Lack of DNA means no new trial for Phillips. A Tucker County Circuit judge dismissed a motion filed on behalf of Russell “Rusty” Phillips after no results were found during new DNA testing. A Court order filed by Circuit Judge Phil Jordan with the Mineral County Circuit Clerk on June 4 reads, “Because no DNA evidence was found that would raise reasonable probability, the defendant’s verdict or sentence would be more favorable. The court hereby dismisses this matter from the docket of this court."

I have waited before updating this blog in the hopes of obtaining a copy of Judge Jordan's ruling. So far not even Russell Phillips has seen anything from the court. In fact Russell didn't even know about this until I mailed him a copy of the Parson's Advocate article weeks after it was published.

If this story is true, it raises several questions. How could the West Virginia State Police Crime Lab find no DNA at all on several blood soaked items of clothing? How bad do the conditions in the State Police Evidence locker have to be to degrade all that blood evidence to the point where a modern forensic laboratory can find NO DNA at all!

Judge Jordan’s order granting the motion for testing dated November 4, 2009 stated that the results should be provided to the court within 120 days. That translates to mid March 2010. According to the Parson’s Advocate the test results were dated May 3 but not received by Prosecutor Mont Miller until June 3. Judge Jordan’s court order dismissing the motion was apparently made the very next day, June 4. Was the defendant's attorney advised of the lab results, given an opportunity to question them or make any representations before the court before the June 4 ruling? It doesn't appear so as Russell wasn't aware of any of this as late as mid August.