Hearing Aid Case Studies
Case Study: DNA evidence proves rape accusation was a lie
Nine years after Armand Villasana was accused of rape, sodomy, and removal of Judith Lummis, DNA evidence allowed his name. Just before his sentencing, investigators learned that DNA from Lummis belonged to a consensual previous lover, and not Villasana, who had already served 21 months in prison before the discovery of new evidence.
The events began September 16, 1998. On arriving home late, Lummis was questioned by her husband to his whereabouts. Unwilling not confess his extramarital affair, she told her husband she had been abducted from a Sonic Drive-In, taken in a wooded area and raped at knifepoint. She was taken to a local hospital where she underwent a rape kit examination. Lummis described her assailant as Hispanic and helped authorities draw a composite sketch. Villasana became a suspect after being arrested for independent loads. The police officer of the thought he resembled the sketch Lummis had helped create, despite the fact that there were differences in height, weight and age Lummis had described a man who was less than two decades Villasana. Villasana Lummis took on a range which was the only Hispanic. The County Attorney stated This information has been suppressed at trial and later called the lineup "suggestive" (Bridges, 2007b), although Lummis sketch "of his assailant was "grotesque similar" Villasana (Bridges, 2007a). Nevertheless, Villasana was convicted Nov. 10, 1999, rape, sodomy and kidnapping.
Friends and family members hired defense attorneys Shawn Askinosie and Teresa Grantham to prepare an appeal. Further research by Askinosie and Grantham has revealed evidence of DNA that had not been presented at trial. While the rape kit did not provide sperm testing, other useful biological material was present. This information has been omitted in the police report. The DNA profile constructed Using data gathered from a vaginal swab, Lummis pants, and a sheet of the hospital or corresponds Villasana, Lummis, or her husband. This new information was presented at the hearing Villasana in 2000, and the case was dismissed. Although Villasana was released from prison, his name was not yet cleared.
In June 2005, DNA samples were collected from a inmate who corresponded to the law of the State of mystery DNA Missouri requires that samples be taken from detainees, then tested against a database of evidence of ancient DNA (Bridges, 2007b). The Sheriff's Department Greene County has been contacted and after further testing, the DNA match was confirmed. The case was reopened in January 2006. The unidentified has been questioned and, finally, gives the authorities the information they were missing. Lummis could not be found right afterwards, but once found, she continued to hold his initial story. The man admitted having sex consensually with Lummis the night of September 16 1998, and the hoax was discovered the rape. Finally Lummis accepted August 7, 2007, that the rape had been fabricated.
Lummis compelling nature has played an important role in the longevity of the species. Many times the lies are easily detectable, but both the defense and the prosecutor Lummis said had been raped, regardless of guilt or innocence of Villasana. The assistant county attorney said Lummis was "phenomenally articulate and had the appearance of credibility
. . . It was pretty amazing. . . all my concerns about the case have always been dispelled by it. "(Bridges, 2007a). Lummis had filed a similar charge of abduction in 2005 which was later found to be false (Associated Press, 2007).
The county attorney said that although the screening system DNA is imperfect, it has proved successful in the end. DNA is a powerful tool when the evidence is properly identified and taken into account in the elements evidence. The county attorney hopes that DNA evidence does not deter women from reporting rape (Bridges, 2007b).
The statute of limitations prevented Lummis to be charged with perjury, but she is currently serving a prison sentence of 4 years for fraudulently obtaining prescription drugs. She also been accused in the past for cashing stolen checks and the use of methamphetamines. She is currently detained in Greene County Jail, the same prison facility where Villasana served his sentence.
For more information on exemptions DNA go www.innocenceproject.org
References
Associated Press. (2007, September 3). the false testimony of the woman has man in prison for rape, she is now in prison. St. Louis Post-Dispatch. Retrieved September 17, 2007, from http://www.stltoday.com/stltoday/news/stories.nsf/missouristatenews/story4368F3DD8C13E9D78625734B0009B62F?OpenDocument
Bridges, Amos. (2007a, September 1). Lies collapsing with the life of the woman. Springfield News-Leader. Retrieved September 19, 2007, from http://www.news-leader.com/apps/pbcs.dll/article?AID=/20070901/NEWS01/709010393
Bridges, Amos. (2007b, August 24). Revelation clears the name of Villasana. Springfield News-Leader. Retrieved September 17, 2007, from http://www.news-leader.com/apps/pbcs.dll/article?AID=/20070824/NEWS01/708240436
About the Author
The American College of Forensic Examiners Institute (ACFEI) is an independent, scientific, and professional association representing forensic examiners and those interested in the diverse field of forensics worldwide.
For more information, go to acfei.com
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