Reed, Rodney ( 2015 )

WR-50,961-07 AP-77,054
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Barry C. Scheck, Esq. Transmitted 11/19/2015 2:50:19 PM
Peter J. Neufeld, Esq. Accepted 11/19/2015 3:57:12 PM
Directors ABEL ACOSTA
CLERK
Maddy deLone, Esq.
Executive Director
Innocence Project
40 Worth Street, Suite 701
New York, NY 10013
November 19, 2015
Tel 212.364.5340
Fax 212.364.5341
www.innocenceproject.org
November 19, 2015
Abel Acosta
Clerk of the Court of Criminal Appeals
201 W. 14th St. Rm. 106
Austin, TX, 78701
Re: EX PARTE RODNEY REED, Writ Cause No. WR-50,961-07
RODNEY REED v. STATE OF TEXAS, Appeal No. AP-77,054
Dear Mr. Acosta:
Please find attached to this electronic filing an ADVISORY REGARDING POTENTIAL
ERRORS IN THE TEXAS DEPARTMENT OF PUBLIC SAFETY’S DNA ANALYSIS along
with the attached exhibits. Mr. Reed currently has pending before the court an appeal pursuant to
Chapter 64 of the Code of Criminal Procedure as well an application for a Writ of Habeas Corpus
pursuant to Article 11.071 of the Code of Criminal Procedure. The enclosed advisory should be filed
into both cases. If you have any questions or concerns please do not hesitate to contact me at 212-364-
5980. Thank you very much.
Sincerely.
/s/ Bryce Benjet_______________
Bryce Benjet
Staff Attorney
CC: Matthew Ottoway, Assistant Attorney General
Bastrop District Attorney’s Office
Benjamin N. Cardozo School of Law, Yeshiva University
IN THE
COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
EX PARTE §
§ Writ Cause No. WR-50,961-07
RODNEY REED, §
§ Trial Cause No. 8701
Applicant. §
___________________________________________________
IN THE
COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
RODNEY REED, §
Appellant, §
§ Appeal No. AP-77,054
v. §
§ Trial Cause No. 8701
STATE OF TEXAS, §
Appellee. §
___________________________________________________________
ADVISORY REGARDING POTENTIAL ERRORS IN THE
TEXAS DEPARTMENT OF PUBLIC SAFETY’S DNA ANALYSIS
___________________________________________________________
TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL
APPEALS:
Rodney Reed files this advisory to inform the Court of notices provided by
the Office of the Attorney General, the Texas Department of Public Safety (DPS),
and the Texas Forensic Science Commission (FSC) that the DNA results reported
in Mr. Reed's case may be in error. Specifically, the Office of the Attorney
General has forwarded notices from DPS and FSC indicating that Mr. Reed's case
may have been affected by errors identified in both statistical databases relied on
by DPS as well as the manner in which DPS analyzed DNA mixtures. These
notices are attached as Exhibit 1. In response to this information, Mr. Reed has
asked DPS to review its work in the case, correct any errors, and provide the
materials necessary to evaluate DPS's review. A copy of this request is enclosed as
Exhibit 2.
Mr. Reed currently has pending before the Court an appeal pursuant to
Chapter 64 of the Code of Criminal Procedure as well an application for a Writ of
Habeas Corpus pursuant to Article 11.071 of the Code of Criminal
Procedure. Because these proceedings involve a review of the record, any error in
the DNA analysis reported by DPS and introduced into the record has the potential
to materially affect this Court's determination of Mr. Reed's case.
Undersigned counsel will keep the Court apprised of this matter as it
progresses.
Respectfully submitted,
/s/ Bryce Benjet______________
BRYCE BENJET
State Bar No. 24006829
THE INNOCENCE PROJECT
40 Worth St. Suite 701
New York, New York 10013
(212) 364-5340
(212) 364-5341 (fax)
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ANDREW F. MACRAE
State Bar No. 00784510
LEVATINO|PACE LLP
1101 S. Capital of Texas Highway
Building K, Suite 125
Austin, Texas 78746
(512) 637-8563
(512) 637-1583 (fax)
Attorneys for Applicant Rodney Reed
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Advisory has been e-filed and electronically served on the attorneys for the State
on this 19th day of November 2015:
Matthew Ottoway Bryan Goertz
Assistant Attorney General Bastrop District Attorney
300 W. 15th Street 804 Pecan St.
Austin, Texas 78701 Bastrop, Texas 78602
/s/ Bryce Benjet_______________
Bryce Benjet
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