What is junk science? It is a set of evidence that appears to be scientific, but is based on nothing, but connections made that may or may not be real. The case of George R. Power III, who was convicted of aggravated robbery and is facing 28 years, may just put junk science on trial.
Just three years into new Texas state laws is giving hope to many inmates behind prison walls and providing worth to the criminal justice system. In 2013, SB 344, better known as the “junk science” law was passed, but until now the full scope of its impact was not realized. Huntsville prison mate Powell believes that it could be the ticket to getting his life returned to him.
It was over eight years ago when an African-American man entered a 7-11 store on WS Young Drive, demanded what was in the cash register and exited the building. Convicted in 2009, Powell was sentenced to 28 years. The hardest part, he maintains, is knowing that he is behind bars and doesn’t deserve to be there.
The key evidence in his trial was the video surveillance footage, which shows a robber exiting the store. The clerk who was held at gunpoint told investigators that the man who robbed the establishment was about five ten, five eleven, while an expert surmised from the video that the man was more likely six one. The problem is that Power stands towering above the crowd at six foot three inches, which would surely have been an outstanding characteristic that the clerk would not have passed up.
The Texas Forensic Science Commission, who was overseeing the trial, testified that they have valid reasons for their “junk science”. After the recent ruling about the validity of junk science, a 2014 commission has set out to reexamine Powell’s case looking through over 275 pages worth of reports about the allegations, evidence, and trial. Lawyers warn that when using science that is not exact you have to proceed with caution, which may not have been the case with Powell’s conviction.
The TFSC officer who is presiding over the inconclusive nature of the testimony says that there needs to be some standard for which to guide what is admissible in court and what is not. Any “expert” or scientific conclusion that is used to prosecute someone should be based in reality, not something that is intangible or a “guess”. If not, the same lack of science can be used to mistakenly put other men behind bars in the future.
Powell maintains that the only thing keeping him sane is knowing that the truth may be discovered, and his life may be returned to him. Wanting to prove his innocence, he knows that there are people and a criminal lawyer in Queens, that are sacrificing their time to set him free and feel forever indebted to them.
The Innocence Project of Texas is in the process of filing a motion to have Powell’s conviction overturned due to evidence that was entered as proof when there was no actual proof to back it up. They hope that he will be exonerated. In the meantime, there is no telling if the prosecution will decide to seek further action against him if the conviction is overturned.
The only solace that Powell will have is that if the conviction is overturned, the TFSC reports will not be admissible in any further proceedings set against him. That means that the facts of the case will have to stand, like the eyewitness testimony and the fact that he doesn’t fit the profile as testified to by the one person who was there to witness the act for sure.
The Innocence Project is operated solely by volunteers in the law profession who seek to get to the truth. Wanting no man to serve a sentence for a crime that he didn’t commit, they seek justice in those cases where junk science was a determining factor or procedures were not followed. The agency operates with just $500,000 a year budget, which as any lawyer can attest to, is a very small amount of money to work with.
Powell may just be one of many who will see the prison doors open thanks to the ruling of “junk science” being nothing more than junk.
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