Mississippi was going to execute a man without ever running DNA tests

88m3

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Mississippi Still Poised For Tuesday Execution, Despite DOJ Warnings That Evidence Is ‘Invalid’

By Nicole Flatow on May 6, 2013 at 5:45 pm

Mississippi is set to execute a man Tuesday night without testing available DNA evidence from a hair sample in his case. ThinkProgress reported last week that a 5-4 court upheld the decision not to test the evidence, in spite of a prosecutor’s inconclusive logic linking the hair sample to Willie Jerome Manning simply because they were both deemed African American. Now, as the Atlantic’s Andrew Cohen reports, the Department of Justice has intervened to point out that even prosecutors’ conclusion that the hair sample was African American was unscientific and invalid. A letter Manning’s lawyers filed in court reads:

We have determined that the microscopic hair comparison analysis testimony or laboratory report presented in this case included additional statements that exceeded the limits of science and was, therefore, invalid. In response to inquiries regarding whether the errors identified in the notification letter had any bearing on the examiner’s opinion regarding the racial classification of the hair, the FBI states the following: The scientific analysis of hair evidence permits an examiner to offer an opinion that a questioned hair possesses certain traits that are associated with a particular racial group. However, since a statistical probability cannot be determined for classification of hair into a particular racial group, it would be error for an examiner to testify that he can determine that the questioned hairs were from an individual of a particular racial group. Thus, an examiner cannot testify with any statement of probability whether the hair is from a particular racial group, but can testify that a hair exhibits traits associated with a particular racial group.

By not testing available DNA evidence using new scientific techniques that were not available at the time of his 1994 trial, Mississippi is choosing to ignore readily available scientific evidence in favor of flawed conclusions based on shaky racially charged testimony, as well as jailhouse informant testimony, which studies have found is particularly susceptible to manipulation. But as Cohen points out, there’s something else the DNA would do. If it is not Bryant’s, it is likely somebody else’s and that person will be identified only by testing the hair sample. Failure to do so reflects the deep institutional government interest in preserving the integrity of completed convictions, even at the expense of finding a different dangerous perpetrator or sparing an innocent person’s life. Manning is still awaiting word on whether Gov. Phil Bryant will grant clemency, and a court could still respond to the most recent motions by Manning’s lawyers.
Update

The FBI found another significant error in Manning’s case, according to new filings by his lawyer. During trial, there was incorrect testimony that linked bullets found in a tree near Manning’s house to bullets found in the victim, the Associated Press reports. Manning is still scheduled to be executed tonight.


Mississippi Still Poised For Tuesday Execution, Despite DOJ Warnings That Evidence Is 'Invalid' | ThinkProgress



execution has been stayed
 

Bud Bundy

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damn

we shall see if this hair clears him.
but damn at them just going off that the hair belonged to a black man.
 

MostReal

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thernbroom

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He's black, they're white, and it's mississippi of course he'd get the death penalty and refused dna cause they're scared the REAL perp not even black, just kill another black and be good :dry:
 

88m3

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after what I heard on the news the other day I thought dude had no chance of getting DNA test ran. I was for sure he'd be dead by now, guys on the radio was going in about how DNA was irrelevant in 'this' case :snoop:


Yeah when I saw it posted last night, I just shook my head.


Apparently it's to much to ask for a fair trial these days.
 

ltheghost

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Mississippi is literally 20 to 30 years behind the rest of the United States. I went down there for a short period of time to work and I couldn't believe the shyt I saw. Sons of the Confederacy!?!? Everyone really really laid back even in front of customers. And the health situation...biggest women I have seen in my life ordering fried catfish. The people are very nice but holy shyt they are really trapped in a time vortex or something. I'm surprised they even know what the fukk DNA even was.
 

Liu Kang

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I still don't understand why the US executes people.
Jailing them for life ain't enough ? What problems can they cause if they locked up forever ?
Executions are definitive and mistakes on the culprit have previously been made... A life sentence could at least give hope to the innocent ones and a possible redemption for the others :yeshrug:

This country have the highest incarceration rate in the world mostly because of the War on Drugs and its bullshyt charges and still have 40/50 executions a year.
Why not transform those sentences into life ? Honestly what's 40/50 more jailed people to the 2.2 million already locked up ?
 

Blackking

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well... fill in the blank gone fill in the blank.

Miss has nothing on Texas.
 

Bud Bundy

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I still don't understand why the US executes people.
Jailing them for life ain't enough ? What problems can they cause if they locked up forever ?
Executions are definitive and mistakes on the culprit have previously been made... A life sentence could at least give hope to the innocent ones and a possible redemption for the others :yeshrug:

This country have the highest incarceration rate in the world mostly because of the War on Drugs and its bullshyt charges and still have 40/50 executions a year.
Why not transform those sentences into life ? Honestly what's 40/50 more jailed people to the 2.2 million already locked up ?

It costs money to keep a person alive.
 

Liu Kang

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It costs money to keep a person alive.
I got what you mean, but does it cost money for the people (I thought most of the prisons in the US were private facilities) ?
And don't you think that if money was the problem, there would have been more than 50 executions a year ?
 
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