Attorneys to request DNA testing in case of executed man
Defense attorneys on Tuesday plan to
ask Texas Gov. Rick Perry to order DNA testing in the case of a man
executed nearly five years ago, when George W. Bush was governor,
saying the testing might help determine if an innocent man was
executed. Barry Scheck, co-founder of Benjamin Cardozo School of Law's
Innocence Project, is scheduled to make the request before the Texas
state Senate's Criminal Justice Committee, which is holding a hearing
on whether to establish a state innocence commission.Scheck is
requesting DNA testing on a single strand of hair in the case of Claude
Jones, who was executed in December 2000 for armed robbery and murder.
According to prosecutors, Jones shot and killed Allen Hilzendager while
robbing his liquor store in Point Blank, Texas, in November 1989.
Jones' convictions were based largely on what Scheck says is dubious
evidence. It included testimony from an accomplice who linked Jones to
the slaying, and the report of a state forensic scientist who examined
a 1-inch length of hair found at the scene and said that it was similar
to Jones' hair. Accomplice testimony has been proven to be unreliable,
while the method used to analyze the hair - microscopic hair comparison
- has given way to more precise DNA testing. Hair comparisons have
contributed to numerous wrongful convictions. Jones maintained his
innocence until his execution on Dec. 7, 2000. [more]
The 40 executions in 2000 by
Texas were the most by any state in a year at least since U.S.
authorities began keeping death penalty records in 1930. [more]