By AP
Friday, December 28, 2007 12:42 PM CST
OKLAHOMA CITY (AP) — A former Oklahoma death row inmate has sued an
ex-police chemist whose testimony helped send him to prison more than
20 years ago.
Curtis Edward McCarty filed a federal lawsuit against Joyce
Gilchrist, police Chief Bill Citty and the city earlier this month
for allegedly ignoring his constitutional rights.
McCarty, 45, alleges Gilchrist fabricated the evidence that led to
him being convicted two times in the Dec. 10, 1982, murder of 18-year-
old Pamela Kaye Willis. He was sentenced to death three times, but
each of those convictions was overturned on appeal because of
questions about Gilchrist’s testimony.
According to the lawsuit, the chief of police failed to properly
train and supervise Gilchrist, whose work was questioned as far back
as 1986, according to his lawsuit. Officials fired her in 2001.
He is seeking unspecified damages, according to the Dec. 5 filing.
A city attorney declined to comment on the lawsuit Wednesday, while
Gilchrist’s attorney could not be reached for comment.
Gilchrist has been sued by at least two other former inmates who
blamed her for their wrongful incarceration.
Oklahoma City officials agreed in January to pay $4 million to
Jeffrey Todd Pierce, who spent 15 years in prison for a rape he did
not commit.
David Johns Bryson, who spent 17 years in prison for rape and
kidnapping before being exonerated by DNA evidence, still has a
lawsuit pending against Gilchrist, the city of Oklahoma City and
former Oklahoma County District Attorney Bob Macy.
McCarty was released from prison in May when an Oklahoma County judge
dismissed the murder charge filed against him in 1985. His case
differed from the other two because authorities don’t consider him to
be exonerated.
District Judge Twyla Mason Gray said evidence in the case was tainted
by Gilchrist, but she still thought McCarty was involved in Willis’
slaying. Prosecutors maintained there was enough evidence to convict
McCarty but opted not to appeal Gray’s decision to dismiss the
charge.
McCarty’s attorneys contend there was no evidence linking him to
Willis’ death once testimony offered by Gilchrist was refuted by
subsequent scientific tests.
“Her unscientific methods and testimony were the direct ... cause of
McCarty’s wrongful incarceration,” his attorneys wrote in the
filing.
Friday, December 28, 2007 12:42 PM CST
OKLAHOMA CITY (AP) — A former Oklahoma death row inmate has sued an
ex-police chemist whose testimony helped send him to prison more than
20 years ago.
Curtis Edward McCarty filed a federal lawsuit against Joyce
Gilchrist, police Chief Bill Citty and the city earlier this month
for allegedly ignoring his constitutional rights.
McCarty, 45, alleges Gilchrist fabricated the evidence that led to
him being convicted two times in the Dec. 10, 1982, murder of 18-year-
old Pamela Kaye Willis. He was sentenced to death three times, but
each of those convictions was overturned on appeal because of
questions about Gilchrist’s testimony.
According to the lawsuit, the chief of police failed to properly
train and supervise Gilchrist, whose work was questioned as far back
as 1986, according to his lawsuit. Officials fired her in 2001.
He is seeking unspecified damages, according to the Dec. 5 filing.
A city attorney declined to comment on the lawsuit Wednesday, while
Gilchrist’s attorney could not be reached for comment.
Gilchrist has been sued by at least two other former inmates who
blamed her for their wrongful incarceration.
Oklahoma City officials agreed in January to pay $4 million to
Jeffrey Todd Pierce, who spent 15 years in prison for a rape he did
not commit.
David Johns Bryson, who spent 17 years in prison for rape and
kidnapping before being exonerated by DNA evidence, still has a
lawsuit pending against Gilchrist, the city of Oklahoma City and
former Oklahoma County District Attorney Bob Macy.
McCarty was released from prison in May when an Oklahoma County judge
dismissed the murder charge filed against him in 1985. His case
differed from the other two because authorities don’t consider him to
be exonerated.
District Judge Twyla Mason Gray said evidence in the case was tainted
by Gilchrist, but she still thought McCarty was involved in Willis’
slaying. Prosecutors maintained there was enough evidence to convict
McCarty but opted not to appeal Gray’s decision to dismiss the
charge.
McCarty’s attorneys contend there was no evidence linking him to
Willis’ death once testimony offered by Gilchrist was refuted by
subsequent scientific tests.
“Her unscientific methods and testimony were the direct ... cause of
McCarty’s wrongful incarceration,” his attorneys wrote in the
filing.
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2 comments:
McCarty told the police that he was at Ms. Willis' house that night, but that his friend killed her. McCarty worked at the place where the murder weapon was manufactured and his fingerprints were in her house. He also bragged about his guilt in this case to a number of people. McCarty also claimed his friend (different friend) killed 7 year old Janelle Fowler, who was raped and beaten to death with a baseball bat. McCarty turned state's evidence against his "friend" and was offered immunity in exchange for taking police to the little girl's body, which was hidden for a month in a gravel pit. Blood evidence indicated he drove around with her body in his trunk for quite some time before dumping her battered little body. McCarty also was convicted of an hours long brutal rape of a 14 year old girl. If you do your research, you will find that McCarty's case is pretty typical of the "exonorations" obtained by the Innocent Project. They usually get guilty people off on technicalities. If McCarty was convicted with tainted evidence, that is wrong and it should not happen. We have to do the right thing, even when it hurts. But don't get confused and think you are dealing with an innocent man. McCarty is a disturbing individual and it is scary to think that he is out in the public, seeking his next victim.
An update: McCarty has been popped with possession of methamphetamine. He also had baggies and a scale, which sounds like this charmer has been selling it to others. He's homeless. I guarantee you very bad things have already happened. More is to come. I know this man. He doesn't change. http://newsok.com/article/5503784
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