5:47 p.m. Monday, December 13, 2010
DNA tests cast doubt Monday on one of the most infamous serial killer cases in Georgia history.
The
tests, conducted by the GBI, indicate that Carlton Gary, the so-called
Columbus "Stocking Strangler," did not rape one of three elderly women
he was convicted of killing and instead show another man was involved in
the crime.
A separate DNA test, however, matched Gary to another
woman who was raped and killed in Columbus in 1977. At trial,
prosecutors presented evidence to show that Gary carried out this
killing as evidence he committed similar crimes, but they did not ask
jurors to convict him of it.
The DNA tests were conducted after
the Georgia Supreme Court halted Gary's execution just four hours before
he was to be put to death in December 2009. The court ordered a judge
to consider the DNA evidence, which was not available at the time of
Gary's 1984 trial.
Gary sits on death row for raping and killing
three women. In all, nine women between the ages of 55 and 89 were
sexually assaulted in their homes in Columbus' historic Wynnton
neighborhood during an eight-month period in 1977 and 1978. Seven of the
women were killed by a man who left stockings around their necks as his
calling card.
Gary has long contended that another man committed
the crimes, and his lawyers have challenged much of the state's evidence
during Gary's appeals. One the lawyers, Jack Martin, said Monday he
will soon file a motion for a new trial, contending there are now "grave
doubts" concerning the prosecution's case.
But Muscogee County District Attorney Julia Slater said her office is not conceding anything.
"Absolutely, we'd like to see the court's [death] sentence against Mr. Gary carried out," she said.
Because
Gary is now linked through his own DNA to one of the killings, he "will
no longer be able to say that he was framed, that he was not involved
in these murders or even that he just watched."
In February,
Slater and Gary's attorneys agreed to allow DNA tests of four semen
samples taken from three women -- two of whom Gary was convicted of
killing and another he was accused of killing.
A DNA test of a
semen sample taken from Martha Thurmond, 69, a schoolteacher whose body
was found Oct. 25, 1977, does not match Gary, Slater said. Thurmond was
sexually assaulted, beaten and strangled with a stocking. Gary was
convicted of killing Thurmond and two other women: Kathleen Woodruff,
74, and Florence Schieble, 89. DNA tests of a sample taken from Woodruff
were inconclusive. No DNA test was conducted in the case involving
Schieble, because prosecutors considered the sample unreliable.
At
trial, prosecutors introduced evidence of similar crimes to convince
jurors that Gary was a serial rapist and killer. One of these victims,
Jean Dimenstein, was raped and strangled with a stocking in her home on
Sept. 24, 1977.
A DNA test of a semen sample taken from Dimenstein matches Gary to a reasonable degree of scientific certainty, Slater said.
Martin said he was not surprised when he learned of the DNA results involving Thurmond's case.
"The
physical evidence found at the Thurmond crime scene never matched Gary,
but for years the courts have not listened," Martin said. "We now know
for a scientific fact from DNA tests not available at the time of his
trial that Mr. Gary did not commit the Thurmond murder. ... It is
obvious he deserves a new trial and the real perpetrator of the Thurmond
murder needs to be found and brought to justice."
Martin said if prosecutors want to try Gary for Dimenstein's murder, that is their prerogative.
In February, after Slater agreed to the tests, she said in an interview, "I'm not afraid of the results."
On
Monday, she called the Thurmond results "unexpected" and said her
office will investigate to see whether degradation and contamination
contributed to the mismatch.
Martin strongly disputed any notion
that the Thurmond sample was somehow tainted, saying that both the GBI
and his own DNA expert expressed confidence that the results were
reliable. "This is the same sort of prosecutorial dishonesty that has
accompanied this case from the very beginning," he said.
She also said she did not believe the DNA test exonerates Gary of the Thurmond murder.
When
asked whether she was looking for another suspect in the Thurmond
killing, Slater replied, "At this point, I'm focusing only on Carlton
Gary."
During the trial, prosecutors told jurors that Gary's
fingerprints placed him at the homes of three of the victims and one of
the surviving victims identified him as her attacker. There also was
evidence that the killer had O-positive blood, the same as Gary's.
Police
testified that Gary admitted to them that he was present during the
attacks, but insisted that the rapes and murders were committed by a
childhood friend, Malvin Crittenden. Prosecutors have said they found no
evidence linking Crittenden to the crimes.
Prosecutors also noted
Gary pleaded guilty in 1970 to robbing an 85-year-old woman who was
raped and strangled in Albany, N.Y. Gary told police a friend of his had
committed that killing.
Gary's lawyers have called the eyewitness
testimony unbelievable. The woman identified Gary seven years after her
attack when she saw him on television; defense lawyers said that a
sketch of the attacker based on the woman's descriptions did not look
like Gary. The attorneys also challenged the fingerprints through an
affidavit filed by a former supervisor of the FBI's fingerprint section
who examined the evidence and called the identifications "borderline."