Now it’s the turn of Houston to develop a rash of wrongful convictions. Gary Alvin Richard is expected to be released any day due to errors from the Houston crime lab. He has spent 22 years in prison for a rape. The conviction for that rape was based upon forensic tests which now indicate he did not commit the crime.
Richard is the latest case to discredit the Houston Police Department crime lab. Richard , if ultimately cleared of this crime, would be the fourth person whose conviction was overturned because of faulty forensics from the lab.
Both prosecutors and Richard’s defense lawyers agree that Richard should be freed on bail, but prosecutors are not convinced Richard is innocent of the crime. Prosecutors agree that the new lab results contradict the findings that were used to convict Richard at trial, but prosecutors maintain they do not know Richard is innocent of the rape. Gary Alvin Richard’s lawyer, Bob Wicoff, claims the new tests prove his client’s innocence.
Other problems in the Houston lab have prompted a review of past cases. A review was undertaken of more than 150 cases involving questionable blood-typing evidence. The review showed in Richard’s case that crime lab analysts had conflicting results from their tests but reported only conclusions that pointed toward conviction. Then they destroyed the physical evidence that was tested, thus eliminating any possibility of DNA testing.
While Richard was in prison, his mother, father and brother died. His son, nine years old when he entered prison, is now 32 years old with two children. But Richard himself is philosophical about it all. Richard not surprisingly had prior convictions, convictions for drug dealing and theft. He said it was “God’s will that he ended up in prison.” “I probably would have ended up back in prison or dead,” Richard also said in an interview from jail. “I have gotten a hold of my life. I am not angry.”
Without waiting to pour over any other evidence, without a moments thought about any scintilla of evidence they might use to convict Richard in a retrial, the prosecution ought to dismiss all charges against Richard just for his attitude.