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.

Still waiting for the DNA Results

The DNA results ordered by the Tucker County Court in November 2009 should have been returned to Judge Jordan in March 2010. Almost three months after that we still have heard nothing. This is not to say that nothing is happening. The student attorneys with the Clinical Law program at the University of West Virginia have worked hard on this case and continue to do so with a new set of students likely taking over in the fall. The Tucker County prosecutor continues to play his role of defending his original prosecution. Justice must wait in the sidelines until the timing is right. We hope that will be soon.

New Search for Bonnie Cale

To update my note of June 19 2008, a new search is on for evidence in the disappearance of Bonnie Lueann Cale who went missing in March of 2002. This week's online edition of The Parsons Advocate has the story. http://www.parsonsadvocate.com/breakingnews2.html

Motion for DNA Testing Granted

The student attorneys and their professor of the Clinical Law Program at West Virginia University have successfully argued the case before Judge Phil Jordan, Circuit Judge 21st Judicial Circuit, Tucker County for DNA testing on physical evidence in this case.

Judge Jordan made his ruling on 4 Nov 2009. The WV State Crime Lab is ordered to conduct the necessary testing and provide the results to the Court within 120 days.

"Justice is a restaurant without a kitchen"

from an anonymous posting on a popular forum

Strengthening Forensic Science in The United States: A Path Forward

The National Academy of Sciences has just released a prepublication pdf of -
Strengthening Forensic Science in The United States: A Path Forward

This important work has resulted from the collaboration of scholars from multiple disciplines leading to 13 recommendations for the improvement of forensic science in the US.
It is available from The National Academies Press, Washington, D.C. www.nap.edu

January 24

Today would have been Timmy Roberts 44th birthday. That's 27 years of life lost. May he rest in peace.