In Defense of Liberty

6: In Defense Of: Ray Hightower

05.13.2020 - By In Defense of LibertyPlay

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In 1986, Ray Hightower was convicted of aggravated kidnapping and indecency with a child in Abilene, Texas. The primary evidence against him was testimony that a hair found in his truck belonged to the victim. Was that testimony accurate?

Ray Hightower has maintained his innocence since 1986. Thank you to Allison Clayton of the Innocence Project of Texas for sharing his case with me.

Further reading:

A Brief History of Forensics, Radley Balko, Washington Post (April 21, 2015), https://www.washingtonpost.com/news/the-watch/wp/2015/04/21/a-brief-history-of-forensics/

The First Criminal Trial That Used Fingerprints As Evidence, Francine Uenuma, Smithsonian Magazine (December 5, 2018), https://www.smithsonianmag.com/history/first-case-where-fingerprints-were-used-evidence-180970883/

Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)

Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)

Federal Rule of Evidence 702, https://www.law.cornell.edu/rules/fre/rule_702

Microscopic Hair Comparisons: A Cautionary Tale, Paul C. Giannelli (April 2010), https://www.researchgate.net/publication/228164710_Microscopic_Hair_Comparisons_A_Cautionary_Tale

Strengthening Forensic Science in the United States: A Path Forward, National Academies Press (August 2009), https://www.ncjrs.gov/pdffiles1/nij/grants/228091.pdf

Invalid Forensic Science Testimony and Wrongful Convictions, Brandon L. Garrett and Peter J. Neufeld, Virginia Law Review (March 2009), https://www.virginialawreview.org/sites/virginialawreview.org/files/1-2.pdf

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