Execution of Raheem Taylor in Missouri

[Chris_Halkides]

This case was not on my radar, but at the very least it bears more examination. "He was nearly 2,000 miles away when the bodies were found inside the home he shared with Rowe, shot in the head. Police seized on Taylor as their sole suspect, pursuing witnesses to confirm their theory of the crime while ignoring evidence to the contrary. At Taylor’s trial, the prosecution relied on a dubious statement provided by Taylor’s brother, Perry — a statement Perry had vociferously recanted — and on testimony from a medical examiner who dramatically changed his estimated time of death in order to implicate Taylor."

From another story at The Intercept, "During the visit, both Deja and her mother, Taylor’s former girlfriend, say that Taylor called Rowe in St. Louis and put Deja on the phone to chat with one of Rowe’s daughters. In other words, in the days after Taylor boarded that westbound flight, Rowe and her children were very much alive." The police got Mr. Taylor's brother to incriminate him after a long interrogation, but his brother recanted* the accusation.

Witnesses who change their testimony shows up frequently in wrongful convictions, not that I am presently making this claim about Mr. Taylor (I would need to know more). However, it is troubling that his claim of innocence had not been fully investigated, from what The Intercept indicated. Mr. Taylor had led far from a perfect life, but that does not make him guilty.
EDT
Vehemently recanted, and he indicated that the accusation was highly coercive

 

[Elaedith]

Looks very bad on the face of it, if the information in the links is accurate.

One disturbing point mentioned in the first link is that the penalty was carried out while litigation was still ongoing. I suspect that people are much more reluctant to consider the possibility of wrongful conviction after an execution has been carried out. It provides a motive for authorities to go ahead.

 

[Chris_Halkides]

DNA from blood?

"Taylor’s attorney, Kent Gipson, said that several people, including relatives of Rowe and a neighbor, saw Rowe alive in the days after Taylor left St Louis. Meanwhile, Taylor’s daughter in California, Deja Taylor, claimed in a court filing that she and her father called Angela Rowe and one of the children during his visit. The court filing said Deja Taylor’s mother and sister corroborated her story...Meanwhile, DNA from Rowe’s blood was found on Taylor’s glasses when he was arrested, a relative taking him to the airport saw Taylor toss a gun into the sewer, and Taylor’s brother told police that Taylor admitted to the crime, McCulloch said. Authorities believe Taylor shot Rowe during a violent argument, then killed the children because they were witnesses." The Independent

I would like to know what test was used for blood, but I'm skeptical. For one thing a number of days elapsed between the time of the murders and the time at which the glasses would have been taken into police possession, and many people clean their glasses frequently.

 

[Chris_Halkides]

Missing video

From The Intercept, "It’s unclear how many times Byers spoke to detectives. But police records show at least one of her interviews was recorded on a DVD alongside that of another witness who had a similarly incriminating account — and whose interview was accidentally erased, according to police. In fact, the case record shows that at least five videotaped interviews — including with key witnesses — were destroyed, all of them unintentionally, according to the state."

Mr. Taylor's brother's interview was heavily edited.

 

[Thermal]

The coroner changing the time of death after the prime suspect was found to be 2,000 miles away at the original time of death is profoundly troubling.

 

[Chris_Halkides]

task-relevant vs task-irrelevant information

Thermal,

I agree. In the jargon of forensics, if the medical examiner were given information about the whereabouts of a suspect at a given time, this would be task-irrelevant information. The National Commission on Forensic Science wrote, "It would be inappropriate, for example, if analytic conclusions were influenced by whether the suspect made incriminating statements or had a criminal record, or whether other forensic evidence implicated the suspect. Those are matters to be considered by police, prosecutors, and jurors, not matters that should influence a scientific assessment of evidence."

 

[Bob001]

I dunno anything about this case. But in many wrongful conviction cases, it's glaringly obvious that the defendants had completely negligent lawyers. If this defendant was 2,000 miles away when the murders were committed, it's hard to believe a competent attorney couldn't have proven it, maybe even before trial.

 

[Elaedith]

I dunno anything about this case. But in many wrongful conviction cases, it's glaringly obvious that the defendants had completely negligent lawyers. If this defendant was 2,000 miles away when the murders were committed, it's hard to believe a competent attorney couldn't have proven it, maybe even before trial.

He was 2,000 miles away when the murders were discovered. Whether he was when the murders were committed depends on time of death. There seems to be enough evidence to cast significant doubt, at the least - including the change in evidence of time of death, and witnesses who claimed to see one of the victims alive after Taylor left.

I agree that inadequate defence is often a problem. One thing I wondered about is whether the jurors were told of the change in evidence about time of death.

 

[Chris_Halkides]

rigor mortis and TOD

I dunno anything about this case. But in many wrongful conviction cases, it's glaringly obvious that the defendants had completely negligent lawyers. If this defendant was 2,000 miles away when the murders were committed, it's hard to believe a competent attorney couldn't have proven it, maybe even before trial.

What little I know so far suggests that there was lack of effective assistance of counsel, but in at least one area, there is a shade of grey. The medical examiner changed his estimate of the TOD at some point between the investigation and the trial. Not knowing this, his counsel did not seek an independent expert, who might have disputed the assessment. The change was allegedly because the ME did not take into account the very low room temperature (50 degrees), but the room temperature was something that he had himself mentioned in a deposition.

As I re-read the Intercept article, this caught my attention: "Joseph Lebb, an investigator from the medical examiner’s office, reported that Rowe’s body was in rigor mortis — a stiffening of the muscles that generally takes hold not long after death — and her core body temperature was just over 51 degrees. The bodies exhibited early signs of decomposition, Lebb reported. Outside, Gerjuan told Lebb that she’d last seen Rowe the previous Saturday, November 27, when Rowe came over to lend her $50." The bodies were found on 4 December.

Rigor mortis does not last indefinitely. A very quick search suggests that it does not last for more than 24 hours. This case is starting to look very weak indeed.

 

[Chris_Halkides]

more on rigor mortis

"The course of rigor mortis begins in 2 hours of death and peaks at about 12 hours. Overall, the process of rigor mortis goes on for 24-48 hours. Factors such as surrounding temperature, cause of death, temperature of the body, previous levels of fitness and muscle mass, drug abuse, infection, and availability of nutrients and adenosine triphosphate immediately before the death may shorten or lengthen these times. Rigor mortis comes to an end because of the decomposition of the muscles and the body, a cycle called secondary flaccidity." Link

"Forensic pathologist Jane Turner said there was evidence of rigor mortis when the victims were discovered. That would not last more than a week after death even with the cold temperature in the house, according to Turner." Kansas City Star.. Mr. Taylor left on 26 November and according to this article the bodies were found on 3 December, one day earlier than another report that I read. The prosecution argued for the killings to happen in the vicinity of 23-24 November.

 

[The Atheist]

I'm coining a new word for use by Americans - Jabdewi.

Just Another Black Dude Executed While Innocent.

 

[Chris_Halkides]

Presumptive versus confirmatory testing for blood

From an appeal document. "The State conducted phenolphthalein tests on 42 items from the luggage (Tr. 1379-80). Only two, the glasses and a watch, tested presumptively positive for blood (Tr.1374-75,1387). Nothing was visible on these items, and the presumptively positive result on the glasses was a “weak reaction” (Tr.1375-76,1391,1392-96). Confirmatory testing on the watch showed that the substance was not blood (Tr.1388). No confirmatory testing was done on the glasses..."

In other words, all the prosecution had was the possibility of blood from the positive Kastle-Meyer test, which is a presumptive test and therefore is known to have false positives.

 

[Suddenly]

The coroner changing the time of death after the prime suspect was found to be 2,000 miles away at the original time of death is profoundly troubling.

They don't have a strong grasp of the concept or principles of double blindness in the forensic science community. Or maybe more realistically a strong hatred of the idea of double blindness.

It's the cornerstone of forensic evidence malfeasance, really.