ILNews

Clinic argues for man's innocence

Back to TopE-mailPrintBookmark and Share
Justice in Question

A large number of the wrongful-conviction cases in recent years have involved DNA evidence that wasn’t available at the time of a crime. Once that testing technology became possible, those who’d been convicted started turning to the method to prove the innocence they’d maintained all along. In one Indiana man’s case, the DNA evidence excluded him, but a lesser caliber category of forensics was introduced as evidence. Now, convicted felon Roosevelt Glenn said that serology used at his trial was a contributing factor in his being wrongfully convicted and spending the past 16 years behind bars.

He is now being assisted by the wrongful-conviction clinic at Indiana University School of Law Indianapolis, and the Indiana Supreme Court is considering whether to accept his post-conviction case on an issue his attorneys and some nationally say is an important question of law relating to wrongful convictions.

Fran Watson“This case is the ideal vehicle to correct an erroneous determination and to set forth the appropriate test for granting a new trial under Indiana’s remedial DNA statute,” wrote Indianapolis attorney Stacy Uliana in an amicus curiae brief submitted by the pro bono Innocence Network, a group of organizations committed to investigating and advocating on wrongful conviction cases. “Sections 8 and 19 of the Indiana DNA statute affirm a petitioner’s statutory right to a new trial once he demonstrates a ‘reasonable probability’  not a certainty  that a jury considering the evidence as it stands today would fail to convict him. Glenn has amply surmounted that barrier, (and he) seeks the opportunity for a new, fair trial where the remaining evidence against him must stand alone, not false corroboration by discredited science.”

After a mistrial in 1992 resulting from a hung jury, Glenn was convicted in March 1993 on a Class A felony rape count arising from a series of Lake County gang rapes and robberies that happened between 1989 and 1990. Five people were allegedly involved and police ultimately looked at Glenn and some of his co-workers, though the state dismissed charges against some of them. He received a 36-year prison sentence, which was later upheld on appeal.

At the time of the trial, Glenn was a 27-year-old married father without a criminal history. His initial appeal failed, but after a decade in prison he filed a claim based on post-conviction DNA evidence allowed by Indiana’s new DNA statute that went into effect July 1, 2001.

His post-conviction appeal argued that he was entitled to a new trial based on newly discovered material evidence: that a hair strand the state had used to convict him at trial wasn’t his and that the serology shouldn’t have been used after post-conviction DNA testing excluded him from being a contributor in the crimes. He also argued his counsel wasn’t effective because those issues weren’t raised more forcefully at trial. However, Glenn’s post-conviction claims didn’t result in a reversal, and in its April 2009 unpublished decision the Court of Appeals wrote that the circumstantial evidence used in the case, considered as a whole, was sufficient and probably wouldn’t lead to a different result on retrial.
In the pending petition for transfer, attorney and law professor Fran Watson, who leads the law school’s wrongful conviction clinic, argues that the court has a chance to review this case and set a standard for how these issues are addressed in the face of growing exonerations and wrongful-conviction findings nationally.

The simple fact is“At their core, the three issues revolve around the State’s use of invalid science to secure a conviction,” Watson wrote, citing two recent U.S. Supreme Court cases that touched on science and wrongful convictions. “Both, highlight the fact that the State’s use of invalid science is a systematic problem from which unfortunately, as this case reflects, Indiana is not immune.”

Watson said the ultimate question in this case is whether DNA trumps serology, and it’s that on which she hopes to get the Supreme Court to accept transfer.

According to the New York-based Innocence Project, which accepts cases nationally and is affiliated with the Cardozo School of Law, serology was the only way prior to DNA testing to help identify the source of blood, semen, or other body fluids found at a crime scene. Forensic analysts were able to use serology to determine what blood type was present in fluids collected in a rape kit or on a crime victim. Wrongful-conviction cases and exonerations in the past decade show that analysts sometimes have failed to recognize nuances in the forensics that make it impossible to truly know the blood type of the perpetrator, or resulting in analysts providing inaccurate statistics for the percentage of the population who share the perpetrator’s blood type.

“The simple fact is that knowledge increases, and we’re going to find that more and more cases at the post-conviction relief level that need scrutiny because of this new knowledge,” Watson said. “It’s not a situation where anyone was falsifying evidence or misleading the court, it’s just what the experts believed was valid at the time. Now, we know that’s wrong.”

Responding to the Indianapolis law school’s transfer petition, Zachary Stock, Indiana deputy attorney general, contends the justices should deny transfer because the Court of Appeals applied existing law in its unpublished opinion to determine that newly discovered evidence probably wouldn’t produce a different result at a jury trial. The response also notes that the alleged due-process issue is procedurally defaulted and that Glenn hasn’t stated any reason why an ineffective assistance of counsel claim warrants transfer.

“The forensic science presented in a trial can be wrong, but it does not necessarily follow that the conviction following that presentation is also wrongful,” the brief states.

Whether Glenn, now 47, gets the ear of Indiana’s justices remains to be seen. The court started considering his request Aug. 27, but a decision hadn’t been made by deadline for this story.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT