Austin PD’s Bad DNA Analysis Nearly Cost This Man His Life

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Austin PD’s Bad DNA Analysis Nearly Cost This Man His Life
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Billy Faircloth was sentenced to 60 years in prison, but an appeals court overturned his conviction. Here is his story: Police AustinTexas

A team of attorneys working to right the wrongs of the Austin Police Department’s failed DNA lab recently secured their second win.

The Forensic Project of the Capital Area Private Defender Service—funded in part by an agreement between Travis County and the City of Austin and in part by the U.S. Department of Justice—consists of 10 employees: mostly attorneys, with one investigator and a paralegal.

Although he maintained his innocence, Faircloth was convicted of the February 2011 attack on a 62-year-old woman in an Austin parking garage. “It is not like you see on TV, where somebody discovers somebody is innocent, and the next day they get out.”A DNA analyst at the Austin lab tested the rock for touch DNA and found that Faircloth “could not be excluded as a handler of the rock.” The lab also couldn’t exclude him as the source of the DNA on the cigarette pack. But it was later discovered that officers had transported the cigarette pack in Faircloth’s own shoe, a breach of protocol that could have contaminated the sample.

“​​Though the process of DNA typing is based on sound science, a degree of subjective interpretation is required when analyzing DNA profiles containing multiple contributors,” the report says. In Faircloth’s case, the DNA evidence was the meat of the case against him, as no witnesses to the attack could positively identify him. His defense filed documents with the Court of Criminal Appeals in November 2022.

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