We Should Trust Science, But Science is Killing an Innocent Man

BETHANY PEACOCK
Nov 5 · 3 min read
Rodney Reed: a wrongfully convicted man who has been on Texas’ Death Row since 1998

Justice means, first and foremost, ensuring that defendants are not convicted of crimes they did not commit. Basic, right? You would think so.

Take a look at the case of Rodney Reed. Reed, a native of Texas, has an execution date set for November 20th, 2019 for the 1998 rape and murder of Stacey Stites, even though new evidence has emerged that the state’s three forensic experts who originally tied Reed to the murder have now admitted to scientific errors in their testimony. The state of Texas is no stranger to execution, nor is it a stranger to execution of more-than-likely innocent individuals. Just this August Texas executed Larry Swearingen despite significant flaws with virtually every piece of forensic evidence in his case. A short read of cases involving executions of the innocent can be found here, and yes, 9 out of the 16 happened in Texas.

As great as science can be, it can be just as damning. The misapplication of forensic science has contributed to 45% of the wrongful convictions in the United States later proven through new DNA evidence, and 24% of wrongful convictions overall. This includes convictions based on unreliable or invalid forensic evidence, expert testimony that misstates results, and even intentional withholding of key forensic information that would prove the defendant’s innocence. In some cases, and what we see with Reed’s case, scientific testimony generally accepted at the time of a conviction can also be undermined by new scientific advancements.

Because these shifts in scientific understanding often take decades to emerge, individuals whose wrongful convictions are based on misapplied science face tremendous difficulties in proving their innocence. In addition, many state courts do not recognize discredited scientific evidence as new evidence of a wrongful conviction. Only five states have enacted laws to clarify that wrongfully convicted people can appeal and get back into court based on newly discredited forensic evidence found in their cases. With one of these five states being Texas, well, it is needless to say that the legal obstacles to prove factual innocence are too high and more work needs to be done in fighting junk science to restore a sense of justice in a system dependent on fact.

Admittedly, overall estimates of wrongful conviction are difficult to assess, with official rates of wrongful conviction lying anywhere between .062%-6%. However, with 2,509 exonerations being reported from 1989 through now — amounting to over 22,000 years lost from false imprisonment on behalf of the innocent — it is abundantly clear it is very much a real issue worth public attention and reformative efforts. It is critical that there be effective policy measures for the wrongfully convicted to get back into court to prove their innocence if the forensic evidence used to convict them is undermined by new scientific advancements, guidelines, or recanting of expert testimony. This is especially crucial as time dwindles in the face of execution.

If you skipped to the end, here’s why you should care about this issue: improving the criminal justice system benefits everyone, especially people like Rodney. Innocent people avoid wrongful arrests and convictions, police and prosecutors are given better tools to catch the real assailants, victims receive justice and the public has greater confidence in the system.

While meaningful reform is well on its way as public awareness and support grows, in the meantime, you can read more about Rodney Reed’s case and make a difference by signing this petition to show your support against his execution.

Grad student at Rutgers University with a passion to fight wrongful conviction and improve the criminal justice system.

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