DNA Deoxyribonucleic Acid: When It's Used to Convict, or Set Free

What exactly is DNA? I looked it up in the Miriam Webster online dictionary and this is the meaning: any of various nucleic acids that are usually the molecular basis of heredity, are localized especially in cell nuclei, and are constructed of a double helix held together by hydrogen bonds between Purina and pyrimidine bases which project inward from two chains containing alternate links of deoxyribose and phosphate.

In the past recent years, many innocent men and women have been released from prison after lengthy prison terms when new evidence of DNA proving them to be innocent, when the DNA from the victim or the crime scene did not match their own. Although this is not the only factor in innocence cases, according to the Innocence Project website 212 prisoners have been released due to DNA testing.

A nationwide map on their website shows how many innocent people were released due to DNA on a state by state basis. The results show that thirty-three states had only 0-3 innocence cases. Twelve states had between 5-9 innocence cases. While five states were ten and over, including Virginia, and Louisiana with 10 cases, New York with 23 cases, Illinois with 27, and Texas leading the nation with 30 DNA innocence cases. Texas also leads the nation in executions, and is sometimes referred to as the "killing state."

Over 126 innocent men or women have been exonerated from death row and were found innocent. Of the 126 exonerated, the highest numbers are from the state of Florida, leading with 22. Illinois with 18, Louisiana, Texas, Ohio, and Arizona, all with 8 each according to the statistics listed on the Death Penalty Information Center website They also list the number of cases being 15 that death row inmates were found innocent by DNA testing.

Inmate William Irvan who is currently on death row in the Polunsky Unit in Texas for a murder he claims he did not commit. He alleges that jail house snitch testimony and bad DNA testing resulted in a death sentence. He is one of the inmates in this jail house snitch article.

He has given me permission to use statements from his affidavit, other legal documents, his website that consists of his writings and information, and letters he has written to myself.

Irvan was charged with the stabbing murder of Michelle S. that occurred in February of 1987. However Irvan was not charged until 2001, and sent to death row until March of 2002, fifteen years later. Irvan claims he was the victim of a jail house snitch, that lied to receive a lesser sentence. It was at this point he was arrested, convicted and sentenced to die.

It was questionable as to weather Michelle was raped or not, but DNA evidence showed that sex had occurred, but that it could have been earlier than the murder itself. No bruises to the body was consistent with that of a forced sexual assault, although there was an apparent struggle at the murder scene. Irvan's website alleges it did not appear that it was a forced entry, and that the alleged murder weapon was a large knife from a wooden butcher block downstairs in the kitchen

A short summary of this case and some of the people involved : Irvan knew Michelle and admits that they had an occasional sexual affair, and admits also to engaging in consensual sex with Michelle the day before the murder. Because of this his DNA was eventually found inside of Michelle. Irvan alleges in his affidavit, and on his website and in letters that he was not the prime suspect, and that Michelle's husband Jack who she was seperated from for several weeks had been the prime suspect at first, but multiple other suspects were also under suspicion including Tim Dardin, one of Irvan's friends.

Irvan lived just Kitty-corner from the house Michelle lived in, and was seen outside his home the day of the murder. Michael Master, a friend of both Irvan and brother to Michelle was comforted by Irvan when they heard of her murder, and Irvan was a pallbearer at Michelle's funeral. Jack, Michelle's husband was also seen crying at the scene according to Irvan.

DNA and other tests were performed, but no-one was charged with this crime until years later. Irvan claims future DNA testing could possibly find him innocent.

Irvan claims that another women, Kathryn Loise Odom was killed on March 3, 1987 just 17 days after Michelle, and only 13 miles away. In 2002 another man Gregory Glen Markwardt was convicted of her murder. Irvan has put in a motion for DNA analysis from this man to see if there would be a match in Michelle's murder since he claims the murders were very similar in style. Irvan alleges that in 1987 Harris County detectives had linked the two murders together.

The following is a brief summary of the DNA testing Irvan has been trying to get completed, that Irvan states will clear him from any wrongdoing and prove him innocent of this murder. The following link is to the full and more details affadavit:

Other DNA testing that could prove his innocence Irvan claims is that of 2 black/dark brown pubic hairs found in the bed of Michelle. Because there are newer tests now since 1987 he feels if the hairs were retested he would be cleared of the murder.

Irvan also feel he would be proved innocent if 4 hairs found under the victims finger nails were also retested. One of the hairs found, a pubic hair that had been tested did not match Irvan's, Michelle, or Durdan, Irvan's friend and one of the other suspects. He claims the husband Jack was never tested. He states there are 3 more hairs from her finger nails that need also to be tested.

Irvan claims that on November 18, 2002 in the Orchid Cellmark Lab report it states that Irvan is included as at least 1 male contributor (of DNA).Irvan believes there is another contributor not mentioned. Irvan alleges that if DNA swabs and smears were retested, they would find another DNA from someone else and clear him of this crime.

Irvan states that 3 more hairs were found on the blade of the murder weapon, and believes if these hairs were tested, he would be cleared again.

He also alleges that if the husband Jack was to be tested to the finger prints found at the scene he would be included and Irvan would be cleared.

Irvan has also asked the court to have the sheet in Michelle's bed tested with presumptive test, which is for the presence of semen. He states that D.P.S. says they tested the sheet for P-30, but they also say that they tested the vaginal swab and found no P-30. Irvan claims something is wrong here and the sheet needs to be retested.

More information and all legal papers and documents are posted on William's website, and he urges the readers to read the case in full.

Sources:

Letters from Irvan to myself

William Irvan's Web Page:

Posted by Innocent In Prison Project International

http://www.iippi.org/inmates/texas/williamirvan.html

Affadavit's in pdf form, with permission from William Irvan

http://www.iippi.org/pdf/williamirvanb.PDF (Aquantance of the victim)

http://www.iippi.org/pdf/williamirvan30.PDF (concerning DNA testing)

Death Penalty Information Center

http://www.deathpenaltyinfo.org/article.php?did=412

Innocence Project

http://www.innocenceproject.org/know/

Mirriam Webster Online Dictionary

http://reference.aol.com/dictionary

Death Row Inmates Claim Jailhouse Snitch Testimony Got Them The Death Sentence

http://www.associatedcontent.com/article/458320/death_row_inmates_claim_jailhouse_snitch.html