Evidence...Fact...Proof. To render accurate decisions, judges and juries, crime
investigators, and prosecutors need evidence. So do those charged with crimes
and their defense attorneys.
Unfortunately, authorities often fail to save evidence vital to identifying the
perpetrators of crime. The result: the guilty can end up walking away free.
Worse yet, degraded evidence can ensnare the innocent.
In 2007 the Denver Post presented a series of reports on
the problem of
evidence preservation in the United States. Its focus is on the importance
of preserving DNA evidence, but the evidence destruction problem goes beyond DNA
preservation. The
Innocence Project has exonerated over 200 people. They were fortunate
because DNA evidence in their cases had been preserved. The story of one of
these exonerees, Larry Youngblood, reveals both the importance of
evidence preservation and the importance of reform in the way our courts view
evidence in criminal cases.
Actually, Youngblood’s story is also the story of boy named David....
The True Story of
Larry Youngblood and David
It was a black man, David said, who abducted him from a church carnival and
tormented him for an hour and half before returning him to the carnival. His
abductor told David he’d kill him if he told anyone. But ten-year-old David told
his mom anyway, and she rushed him to the hospital, where a rape examination
confirmed her worst fears. Although David hadn’t worn his glasses that night, he remembered
that the man was black. “Gray hair, greasy,” he said. “Middle-age. He had hair
on his face. I didn’t see any scars, but he had an eye that was white, almost
all white.”
A week and half later, the police talked to David again. “Look at these
pictures,” they said. “Do you recognize anyone?” David had left his glasses
behind, but he pointed to an image, “That one.” Youngblood had a bad left eye.
Youngblood’s hair was black and dry, but the police knew that hair color and
greasiness could be transitory. And there were some differences between
Youngblood’s car the car driven by David’s attacker, but who can expect a
ten-year-old to get all the details right? Both cars were white.Youngblood’s alibi was shaky. His girlfriend had been away visiting her mother
at the time of the abduction, when Youngblood claimed to home alone. Youngblood was arrested, charged, and tried for sexual assault, child
molestation, and kidnapping. David’s eyewitness testimony was central to the
prosecution’s winning case. Youngblood appealed his conviction. His attorneys believed that
DNA
analysis of David’s clothing and the swabs taken during David’s medical
examination would exonerate their client. Unfortunately, the State of
Arizona
had failed to refrigerate the material, and it had degraded to the point that it
could no longer be reliably tested. That failure to preserve vital evidence was
enough for the Arizona Court of Appeals to overturn the conviction. Youngblood
was released from prison, but his case was not yet concluded. The State appealed
the reversal, and in 1988 the Supreme Court of the
United States
announced their decision: The Court of Appeals had been wrong!
Writing the majority opinion, Chief Justice William Rehnquist asserted that the
State cannot be held responsible for preserving evidence that could only
potentially prove the defendant’s innocence.
After Rehnquist’s opinion, Larry Youngblood
went back to prison to serve his sentence. In evidence rooms around the nation
potentially exculpatory material could now disappear without consequence.
The year 2000 came and instead of bringing the technological collapse so many
Y2K fear-mongers had predicted, it brought better DNA
tests that teased the secret from the stains on David’s clothing. The
DNA
belonged not to Larry Youngblood, but to Walter
Cruise, a gray-haired black man who was blind in one eye and already serving
time for another crime.
Larry
was released from prison. Cruise eventually pled guilty to assaulting David.
After learning that
DNA
evidence exonerated
Larry
Youngblood and implicated someone else, David, now in his late twenties, stepped
in front of a freight train.
Even though the Youngblood opinion had the effect of returning an innocent man to
prison and enabling the guilty party to avoid punishment, it is still employed
today to excuse authorities when they destroy evidence. In fact, it has been
expanded so that it even excuses the State's alteration of evidence that can
then be used to gain a conviction.