GA CASE



For the first time in 15 yrs since the courts have allowed convicted felons to use DNA testing in attempts to clear themselves, one man who is scheduled to die tonight has been denied that chance by the Georgia Supreme Court.



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Eddie Crawford was convicted in the 1983 rape and murder of his 2 yr old niece. Crawford admitted that he had been drinking during that time and had experienced black outs when he drank, but does not recall committing the crime.



Berry Scheck, a lawyer and founder of Project Innocence, an organization that has helped clear over 145 inmates using post conviction DNA testing, has filed an Amicus Brief on Mr. Crawford�s behalf to have his execution stayed until more DNA teats can be conducted on the evidence that convicted Mr. Crawford.



In 1983, DNA testing wasn't avaiable , only visual comparison of hair and fibers found at the crime scene evidence that only showed that a descendant of Crawford�s sister had been in the car, and family member agreed that the niece had been in car the previous day. A shirt that was supposedly worn by Crawford and was blood stained, was tested last December and showed that the blood came from a descendant of Crawford�s sister. There aren�t any DNA samples from the niece to make positive identification possible.



There are 35 states that allow post conviction testing and in these states, the requirements very from state to state. In Kansas, for example, it must be shown that the evidence was never tested before the conviction. In Georgia there is a �catch-22.� For there is an agreement to do the post conviction testing, it has to be shown that had the testing been done before, it would have effected the outcome of the trial. Crawford also learned that several items were taken by the police, yet never tested, such as the girl hair brush, vaginal swabs taken at the autopsy and pubic hair taken from Crawford after his arrest.



In June the State Supreme Court stated that due to the overwhelming evidence against Mr. Crawford, the Justices felt that testing of any of these items would not have affected the outcome of the trial.



Mr. Scheck is hoping the U.S. Supreme Court will stay Mr. Crawford�s execution until such test are completed.