Attorney Barry Scheck plans to ask Texas Governor Rick Perry to order DNA test­ing in the case of Claude Jones, who main­tained his inno­cence until his exe­cu­tion in December 2000. Scheck, co-founder of the Innocence Project, says Jones’ con­vic­tion was large­ly based on dubi­ous evi­dence. The state’s case against him includ­ed tes­ti­mo­ny from an accom­plice link­ing Jones to the crime and the report of a state foren­sic sci­en­tist who exam­ined a one-inch length of hair found at the crime scene. The sci­en­tist said that it was sim­i­lar to Jones’ hair using micro­scop­ic hair com­par­i­son, a faulty test that has been replaced by the more pre­cise sci­ence of DNA test­ing. Accomplice tes­ti­mo­ny has been proven to be often unre­li­able.

Scheck said that he may not nec­es­sar­i­ly be able to prove Jones’ inno­cence, but this case rais­es the ques­tion of whether then-Governor George W. Bush knew of Jones’ request for DNA test­ing when he refused to grant a stay of exe­cu­tion. Files uncov­ered by the Chicago Tribune note that Bush’s staff inquired about the hair com­par­i­son as they pre­pared to present their rec­om­men­da­tion to the Governor, but the final sum­ma­ry of the case that was sent to Bush did not men­tion Jones’ request for DNA test­ing of the hair. DNA test­ing after an exe­cu­tion is rare. 

(Chicago Tribune, April 18, 2005). See Innocence.

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