DNA evidence challenges 1986 rape convictions

Posted 8:27AM on Saturday 30th March 2002 ( 23 years ago )

SAVANNAH - Samuel Harold Scott spent a third of his life in prison after being convicted of rape and kidnapping in 1986. Douglas E. Echols served four years for the same crime. Now, lawyers for the two men say DNA evidence will prove their innocence - if they can get a new trial. But the district attorney's office says physical evidence was not the only thing that convicted the pair. ``We still believe that what the jury did was justice,'' prosecutor Nancy Grey Smith told Superior Court Judge Michael L. Karpf on Friday during a hearing on a motion for a new trial. Countered defense attorney Vanessa Potkin: ``If the state is so secure with its conviction in this case, then join in the motion, and let's try them again.'' Scott, 46, and Echols, 42, have maintained their innocence since their arrests. Help from a national organization called the Innocence Project has shown that their DNA does not match sperm found from a vaginal swab taken from the victim. The 35-minute hearing concluded without a ruling. Karpf said he would issue his order in due course. Smith said the victim identified Scott's home, where she claimed the rape occurred, and she also described accurately the inside of the house. She told police the suspects had been drinking from plastic cups, that they had been smoking marijuana and that there was a mattress on the living room floor. Police found all of those things in Scott's home. The victim also identified both Scott and Echols as her attackers. During the trial, she said Echols held her down while Scott raped her. And Smith said within 30 minutes of the attack, the victim led police back to the house. ``It wasn't just the sperm,'' Smith said. ``That's not what this jury verdict turned on. It was all of the evidence.'' Potkin and two other defense lawyers argued that the DNA points to someone other than their clients. ``This conviction from so long ago continues to affect them so greatly today,'' said Chris Adams, who is representing Echols. ``All these two men are guilty of is bad luck.'' Scott was paroled from a life sentence in September after 15 years. He is on lifetime parole and must wear an ankle bracelet for electronic monitoring. Echols served four years and was on parole for an additional 10. Both men say they have had difficulty trying to find adequate jobs because of their criminal records or find suitable places to live.

http://accesswdun.com/article/2002/3/196693