High court to hear scent evidence appeal
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The Criminal Court of Appeals agreed Wednesday to evaluate the use of scent lineups in a criminal trial.
Richard Lynn Winfrey Sr. was convicted in 2007 of murdering a Willow Springs man. The evidence against him included scent lineups performed by Fort Bend County Deputy Keith Pikett.
An appellate court upheld Winfrey's conviction earlier this year.
The Court of Criminal Appeals will consider two questions, according to court records:
Whether the scent evidence is legally sufficient to uphold a guilty verdict.
Whether the appellate court properly evaluated the limitations of scent identification lineups.
"We're actually very surprised and excited," said Whitney Stark, communications director for the Innocence Project of Texas. The group published a report in September condemning the use of scent lineups in Texas courts.
"Hopefully this will be a turning point in the use of dog-scent evidence," she said.
The appellant's briefs in the case are due Dec. 4, according to the court's schedule.
Comments
Everyone truly interested in justice should welcome this judicial review by the Court of Criminal Appeals. Without groups like the Innocence Project of Texas, bad science will be used to imprison innocent people. Only the self righteous, self anointed sages who believe in their own infinite power to solve crimes will bemoan this decision. America has been stampeding towards a police state without proper checks and balances. The long arm of the law has become a tyrant who won't tolerate criticism or allow anyone looking over their shoulder. Crime has become an excuse for abuse.
November 5, 2009 at 6:40 p.m.