A Texas judge blocked the destruc­tion of DNA evi­dence that could prove the inno­cence of a man who was exe­cut­ed in 2000. A joint motion filed by a coali­tion of con­cerned groups sought DNA test­ing on a hair tak­en from the crime scene in the case of Claude Jones. In addi­tion, the groups asked the court to impose a restrain­ing order to pre­vent Texas from destroy­ing the evi­dence while the court con­sid­ers their request for DNA test­ing. Judge Elizabeth Coker grant­ed the restrain­ing order request and set a hear­ing for October 3rd on whether DNA test­ing will take place. The suit was filed by the Texas Observer, the nation­al Innocence Project, the Innocence Project of Texas, and the Texas Innocence Network.

The hair, which was found on the counter in a liquor store where a man was shot and killed, was cen­tral in Jones’ tri­al and post-con­vic­tion appeals. An expert for the state tes­ti­fied at the tri­al that the hair was con­sis­tent with Jones’. The Texas Court of Criminal Appeals, the state’s high­est crim­i­nal court, nar­row­ly upheld Jones’ con­vic­tion. In the 3 – 2 rul­ing, the major­i­ty specif­i­cal­ly cit­ed the hair evi­dence as the nec­es­sary ​“cor­rob­o­ra­tion” to uphold the con­vic­tion.

​“The judge today rec­og­nized that this case rais­es very seri­ous issues about the integri­ty of the crim­i­nal jus­tice sys­tem. We’re grate­ful that the state will not be able to destroy this evi­dence before DNA test­ing can be con­duct­ed,” said Nina Morrison, Staff Attorney at the Innocence Project. ​“We are hope­ful that the judge will also see that it’s in everyone’s inter­ests to con­duct DNA test­ing that could resolve seri­ous, lin­ger­ing ques­tions about this case. DNA test­ing could show that Claude Jones was guilty, or it could show that the state had no basis for exe­cut­ing him. The pub­lic has a right to know whether Claude Jones com­mit­ted the crime for which he was exe­cut­ed, and today’s rul­ing moves us one impor­tant step clos­er to learn­ing the truth.”
(“Texas Judge Blocks State From Destroying Evidence that May Show Whether Man Was Wrongfully Executed, The Innocence Project — Press Release, September 10, 2007). Read the Press Release. See Innocence.

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