Expert Witness Says He's a 'Casualty' After Conn. Supreme Court Vacates 2 Murder Convictions That Hinged on His Work
The Connecticut Supreme Court ruled that world-renowned forensic examiner Dr. Henry Lee made mistakes in how he handled a murder case decades ago. The court has ordered that two men, who spent decades in jail for murder, have their sentences vacated and that a new trial be called.
June 18, 2019 at 01:10 PM
4 minute read
Taking aim at renowned Connecticut-based forensic scientist Dr. Henry Lee's expert testimony, the state Supreme Court vacated the murder convictions of two men who had spent decades in prison.
But Lee Tuesday defended his conclusions, saying he'd spent days examining the evidence before testifying.
In its 7-0 ruling Friday, Connecticut's high court was critical of Lee's testimony, specifically as it related to an alleged bloody towel found at the crime scene, calling his testimony at the trials of then-teenagers Ralph Birch and Shawn Henning, “incorrect.”
Birch was 18 and Henning was 17 in 1985 when 65-year-old Everett Carr was murdered in a New Milford home invasion. Authorities arrested Birch and Henning, who had stolen a vehicle nearby, for the murder. According to the recitation of facts in the state Supreme Court ruling, Carr was stabbed 27 times and was found lying in a pool of blood in his home.
The Supreme Court noted the teens hadn't had blood on them and the car they'd stolen had no signs of blood. But the jury, the Supreme Court said, had relied heavily on testimony from Lee related to the bloody towel.
Lee had told the jury he performed tests on two towels, and that “a smear of blood was” found on one of them in Carr's upstairs bathroom. The state's high court said that testimony was “incorrect” and surmised the jury could have relied on it.
The prosecutors at trial maintained that, based on Lee's testimony of the bloody towel, the two teenagers went to the bathroom to clean themselves up. Because the convicted men had no blood on them or blood in the car, the towel was seen as critical evidence. The state's high court wrote “the state's failure to correct Lee's testimony that there was blood on the bathroom towel deprived the petitioner of a fair trial.”
Writing for the court, Justice Richard Palmer said: “The state also adduced testimony from Lee … to explain how it was possible that the petitioner [Birch] and Henning could have stabbed the victims so many times without getting any blood on their clothing and without transferring any blood to the Buick. Lee explained that, although the victim fought with his assailants, all of the blood splatter in the hallway was uninterrupted, meaning that no individual or object was between the victim and the walls or floor to interrupt the blood splatter. According to Lee, this could explain why the assailants were not covered in the victim's blood.”
But Palmer continued: “If the jury had known that Lee's testimony about finding blood on the bathroom towel was incorrect, that knowledge might well have caused it to question the reliability of his other testimony.”
However, Lee, 82, told the Connecticut Law Tribune Tuesday, “Somehow, I've become the casualty for this legal problem. The towel was tested. It was a light smear of blood. I spent two days on the scene and did numerous tests.”
Lee added: “I don't want to say anything against Judge Palmer. He's a good friend and highly respected. I don't want rumors that I didn't test and made stuff up. I have 58 years of forensic police work and I did 800 cases, and this is the first time they said I did anything wrong.”
Whether to retry is in the hands of the state.
Birch, who was sentenced to 55 years in prison, is still incarcerated, pending the state's decision on a retrial. Henning, who was sentenced to 50 years, has been on parole since July 2018.
David Shepack, state's attorney for the Litchfield Judicial District, did not respond to a request for comment.
Representing Birch was Andrew O'Shea of Kirschbaum Law Group, who did not respond to a request for comment.
Representing Henning was Craig Raabe of Izard Kindall & Raabe, of West Hartford, and Jim Cousins of New Jersey-based organization Centurion, which represents people it believes were wrongly convicted.
In a statement, Raabe wrote his client was imprisoned “based on the false and misleading testimony of Henry Lee.”
He said, “It has taken 30 years to correct this injustice and we are very pleased with the court's thoughtful decision.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDC Judge Rules Russia Not Immune in Ukrainian Arbitration Award Dispute
2 minute readRead the Document: 'Google Must Divest Chrome,' DOJ Says, Proposing Remedies in Search Monopoly Case
3 minute readApple Asks Judge to 'Follow the Majority Practice' in Dismissing Patent Dispute Over Night Vision Technology
'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250