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After Serving 17 Years, Exonerated Plaintiff Not Allowed to Hold City Responsible for False Testimony

By Shari Allison

Bryson v. Oklahoma City, 2010 WL 4923894 (12/6/10) (Okl.) (Published) - After serving 17 years in prison, the plaintiff was exonerated by DNA evidence where a forensic chemist had falsely testified at the plaintiff's trial that semen found at the crime scene was consistent with samples taken from the plaintiff, when in fact her own lab tests indicated the plaintiff could not have been the semen donor Although the city may have been deficient in training and supervising the chemist, the plaintiff could not establish the city's deliberate indifference that is required to obtain relief, because the city didn't know about the chemist's shortcomings until after the plaintiff's trial. It was not highly predictable or plainly obvious the city's deficiencies would lead to the chemist falsifying tests and concealing evidence...continue to full post

Full post as published by Tenth Circuit Blog on December 22, 2010 (boomark / email).