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	<title>Houston Criminal Lawyer and DWI Blog – Scheiner Law Group, P.C. &#187; DNA</title>
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		<title>Can We Trust HPD Crime Lab Test Results?</title>
		<link>http://www.scheinerlaw.com/blog/can-we-trust-hpd-crime-lab%e2%80%99s-test-results/93/</link>
		<comments>http://www.scheinerlaw.com/blog/can-we-trust-hpd-crime-lab%e2%80%99s-test-results/93/#comments</comments>
		<pubDate>Wed, 17 Jun 2009 21:45:51 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[Houston Chronicle]]></category>
		<category><![CDATA[Houston criminal defense attorneys]]></category>
		<category><![CDATA[Houston Police Department]]></category>
		<category><![CDATA[HPD Crime Lab]]></category>

		<guid isPermaLink="false">http://www.scheinerlaw.com/blog/?p=93</guid>
		<description><![CDATA[Years after many have been wrongly convicted of various crimes, DNA samples are being retested.  As seen in the Houston Chronicle, the Houston Police Department Crime Lab’s test results have been proven inaccurate one too many times.  
 
For instance, George Rodriguez was wrongly convicted and sentenced to 17 years in jail for a sexual assault crime [...]]]></description>
			<content:encoded><![CDATA[<p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: small; font-family: Times New Roman;">Years after many have been wrongly convicted of various crimes, DNA samples are being retested.<span style="mso-spacerun: yes;">  </span>As seen in the <a href="http://www.chron.com/disp/story.mpl/special/crimelab/4896367.html " target="_blank">Houston Chronicle</a>,</span><span style="font-size: small;"><span style="font-family: Times New Roman;"> the <a href="http://www.houstontx.gov/police/" target="_blank">Houston Police Department</a> Crime Lab’s test results have been proven inaccurate one too many times.<span style="mso-spacerun: yes;">  </span></span></span></p>
<p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: small; font-family: Times New Roman;"> </span></p>
<p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: small; font-family: Times New Roman;">For instance, George Rodriguez was wrongly convicted and sentenced to 17 years in jail for a sexual assault crime he did not commit. <span style="mso-spacerun: yes;"> </span>According to the <a href="http://www.chron.com/disp/story.mpl/special/crimelab/2749861.html " target="_blank">Houston Chronicle</a>, “a crime lab employee falsely testified during Rodriguez’s criminal trial that genetic evidence linked him to the attack.”</span></p>
<p class="MsoNormal" style="margin: 0in 0in 0pt;"> </p>
<p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: small; font-family: Times New Roman;"><a href="http://www.scheinerlaw.com" target="_blank">Houston criminal defense attorneys</a> are here to help you if you have been a victim of a faulty DNA, blood or breath test result.</span></p>
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		<title>Every Defense Lawyer&#8217;s Nightmare</title>
		<link>http://www.scheinerlaw.com/blog/every-defense-lawyers-nightmare/72/</link>
		<comments>http://www.scheinerlaw.com/blog/every-defense-lawyers-nightmare/72/#comments</comments>
		<pubDate>Wed, 27 May 2009 22:09:53 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[criminal lawyer]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[Jerry Lee Evans]]></category>
		<category><![CDATA[Sexual Assault]]></category>

		<guid isPermaLink="false">http://www.scheinerlaw.com/blog/?p=72</guid>
		<description><![CDATA[DNA tests freed Jerry Lee Evans after serving 23 years of a life sentence on a Sexual Assault.  Another case of faulty eye-witness testimony.  The media never does a good job of locating the witness who was mistaken.  I would love to hear her thoughts and I would want to hear how she thought she [...]]]></description>
			<content:encoded><![CDATA[<p>DNA tests freed <a href="http://www.chron.com/disp/story.mpl/front/6443751.html" target="_blank">Jerry Lee Evans </a>after serving 23 years of a life sentence on a Sexual Assault.  Another case of faulty eye-witness testimony.  The media never does a good job of locating the witness who was mistaken.  I would love to hear her thoughts and I would want to hear how she thought she pointed out the wrong person.</p>
<p>Needless to say, the situation is disgusting and unforgivable.  Jerry Lee Evans was in prison from age 24 to 47.   Think of all of the life events Mr. Evans has missed out on. </p>
<p> I applaud Dallas County for saving this evidence for so many years.  Criminal Defense lawyers are well aware of the problems with eye witness testimony.  <a href="http://uk.geocities.com/selvrtanni/articles/eyewitness.htm" target="_blank">Studies </a>have shown that people who are exonerated by DNA, 90 percent of them were victims of eye witness testimony.  Eye witness testimony is very convincing to a jury, but clearly it should not be.</p>
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		<title>How Do You Defend Those People</title>
		<link>http://www.scheinerlaw.com/blog/how-do-you-defend-those-people/66/</link>
		<comments>http://www.scheinerlaw.com/blog/how-do-you-defend-those-people/66/#comments</comments>
		<pubDate>Tue, 26 May 2009 17:24:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[Exonerated]]></category>
		<category><![CDATA[Lawyers]]></category>
		<category><![CDATA[Sex Assault]]></category>
		<category><![CDATA[Texas Monthly]]></category>

		<guid isPermaLink="false">http://www.scheinerlaw.com/blog/?p=66</guid>
		<description><![CDATA[I get this question all the time. Everyone including, close family members, a waiter I bounce a fact pattern off of, people I go to church with, close friends who I deem to be intelligent, moral, and ethical, and EVEN LAWYERS ask me this same question.
So, is it a stupid question? Texas Monthly has the [...]]]></description>
			<content:encoded><![CDATA[<p>I get this question all the time. Everyone including, close family members, a waiter I bounce a fact pattern off of, people I go to church with, close friends who I deem to be intelligent, moral, and ethical, and EVEN LAWYERS ask me this same question.</p>
<p>So, is it a stupid question? Texas Monthly has the answer. YES!</p>
<p>I was at my In-Law&#8217;s house over the Thanksgiving holiday. After the last bit of desert was gone, I had a few minutes to kill before the Cowboys game came on and there it was. The Answer.</p>
<p>I picked up the November issue of Texas Monthly and began reading The Exonerated. The article details the nightmare lived by 37 men. From the case, to the incarceration, and life after being exonerated. One exonerated person tells how he missed his children growing up, lost his wife, and his father died before his innocence was brought to light. There is a Play that tells this type of story that I wish would come to Houston.</p>
<p>These are the men that keep every freedom-loving criminal defense attorney awake at night. These are the men of To Kill a Mocking Bird, but were not represented by Atticus Finch. Everyone knows the saying, &#8220;it is better to let 99 guilty persons go than to lock up 1 innocent person.&#8221; These men are that 1 person. Each one of them.</p>
<p>The Article answers how this can happen in America:</p>
<p>&#8220;The short answer is simple: People make mistakes. Most of these cases share a common story line: A woman, usually a traumatized rape victim, wrongly identifies her attacker. Sometimes her testimony is backed by rudimentary serology tests. Sometimes the cases are pushed too hard by aggressive police officers or prosecutors. Sometimes the accused already has a criminal record and becomes a suspect in an unsolved case in which he resembles (or is the same race as) the perpetrator. Almost every man here had a solid alibi, but cops, prosecutors, and juries chose not to believe it.&#8221;</p>
<p>These 37 men were lucky enough that evidence was preserved in their cases. Are there others locked up unjustly? Do I even have to answer that? For you skeptics who just want blood when a horrible crime has occurred, think of it this way. In these 37 cases, the real culprit was not apprehended at the time. An innocent man was locked away why the RAPIST was lurking in your neighborhood.</p>
<p>I want to hear from the other people involved in these cases. The prosecutors, the judges, the defense lawyers, and especially the juries.</p>
<p>This article ought to be mandatory reading for every judge, lawyer, and prospective juror. Great work Texas Monthly!!</p>
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