Constitutional Law
Federal Jury Awards $5M to Texas Man Convicted on Bad Crime Lab Evidence
Posted Jun 25, 2009, 06:39 pm CST
By Martha Neil
After wrestling with the concept of deliberate indifference, a federal jury in Texas today awarded $5 million to a man wrongfully convicted in a kidnapping and rape case more than two decades ago.
George Rodriguez, 59, was incarcerated for 17 years, based on false testimony by an employee of the troubled Houston Police Department crime lab, before DNA evidence exonerated him, reports the Houston Chronicle.
Although satisfied with the verdict, Rodriguez tells the newspaper: "No money could replace what I have lost."
After deliberating for about six hours, the five-woman, three-man jury sent U.S. District Judge Vanessa Gilmore a note yesterday. It said they couldn't decide whether police chief Lee Brown was deliberately indifferent to a lack of training and supervision at the lab and the consequent possibility that a suspect's constitutional right to a fair trial would be violated, the newspaper reported in another article.
It isn't clear how the jury got past this impasse.
Houston had contended that the city shouldn't be held financially responsible for Rodriguez’ wrongful conviction, arguing that it was the result of a false testimony by former crime lab manager James Bolding rather than any intentional wrongdoing by city officials.
Related earlier coverage:
ABAJournal.com: "Texas DA Blasts Prosecution & Defense for Wrongful Rape Conviction"
ABAJournal.com: "Crime Labs in Disarray Nationally; Reform, Independence Needed, Report Says"
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