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Friday, February 10, 2023

Bite Mark Evidence on Trial: The William Richards Murder Case

     In 1993, 44-year-old William Richards and his wife Pamela, while building a house near Hesperia, California in the high desert in San Bernardino County, lived in a motor home. Because there were no power lines near the property, a generator in a nearby shed provided the electricity. William worked as a swing shift electrical engineer at a manufacturing plant in the town of Corona. His 40-year-old wife had a job as a waitress. The following account of what happened on August 10, 1993 is based on William Richards' statement to the police.

     That night, William Richards clocked out of the plant in Corona at 11:03. When he arrived home shortly after midnight he noticed there were no lights on in the trailer. He re-started the generator in the shed, and as he walked toward his front door, stumbled over his wife's half nude body. Someone had smashed the 5-foot-2, 126 pound woman's head with a heavy object. Mr. Richards called 911.

     Deputies from the San Bernardino Sheriff's office arrived at the scene at twelve-thirty that morning. The officers did nothing to protect the crime scene while they waited for the arrival of the homicide detectives. The investigators didn't show up until 3:15, and when they did, decided to wait until daylight before processing the crime scene. In the meantime, officers walked around the site and did nothing to keep several dogs off the property. (When they did begin the crime scene investigation the officers realized dogs had kicked dirt on Pamela Richards' body.)

     From the beginning, homicide detectives considered William Richards the prime suspect in the murder. Blood spatter patterns suggested the victim had been partially undressed after the bloody attack in an effort to stage a sexual assault.  Investigators found no signs of forced entry into the dwelling and no physical evidence of an intruder such as foreign shoe impressions and tire tracks. (If there had been such evidence, it could have been trampled by the police.) Moreover, nothing had been stolen from the trailer. Investigators believed that Pamela Richards had been bludgeoned by a blood-stained steppingstone. The forensic pathologist would find that she had also been strangled.

     As for motive, detectives believed that the suspect, after he learned that his wife planned to leave him for another man, had killed her in a fit of rage. The fact that Richards and his wife, over their twenty-year marriage, openly had affairs and had already agreed to separate, cast doubt on this motive to kill her. Without a confession or an eyewitness, the San Bernardino County prosecutor had a weak, circumstantial case against William Richards. The fact the crime scene investigation had been bungled also hurt the prosecution's case. Nevertheless, the prosecutor charged Richards with first-degree murder. Police arrested him on September 3, 1993.

     In July 1994, after the jury voted six to six on the question of William Richards' guilt, the judge declared a mistrial. Just three days into his second trial in October 1994, the judge, due to improper communications with a juror, declared a second mistrial. In January 1995, the jury deadlocked eleven to one for his guilt. This led to a third mistrial.

     The San Bernardino County prosecutor, on his fourth try in July 1997, bolstered the state's case with the testimony of Dr. Norman Sperber, the renowned forensic odontologist (dentist) from San Diego who had testified at Ted Bundy's serial murder trial in Florida. Dr. Sperber testified that in his expert opinion the crescent-shaped impression on Pamela Richards' hand was consistent with having been made with the defendant's front teeth. The odontologist said that only two percent of the U.S. population could have made this crime scene bite mark.

     To counter Dr. Sperber's testimony, the defense presented another respected forensic dentist, Dr. Gregory Golden, the Chief Forensic Odontologist of San Bernardino County. Dr. Golden testified that the photograph of the victim's bite mark was such poor quality he couldn't make a conclusive determination in the case. When pressed by the prosecutor on cross-examination, Dr. Golden said that he could not eliminate the defendant as the maker of the crime scene bite mark.

     Based on the new bite mark evidence, the jury in Richards' fourth trial found him guilty of first-degree murder. The judge sentenced him to 25 years to life. The convicted man continued to maintain his innocence.

     In 2000, lawyers with the California Innocence Project entered the case on William Richards' behalf. A re-evaluation of the forensic evidence in the murder case led to a petition before a San Bernardino County judge to overturn Richards' murder conviction. The hearing on this motion took place in 2009 before Judge Brian McCarville.

     Since Mr. Richards' fourth trial, new technology had made it possible to sharpen the photographic image of the crime scene bite mark. Dr. Norman Sperber took the stand and declared that after analyzing the enhanced photograph, it was his expert opinion that the questioned bite mark had not been made by Mr. Richards. Two other forensic dentists agreed with this analysis, and a third testified that he could not render a conclusive opinion either way.

     A DNA expert testified that the bloody steppingstone contained DNA evidence that had not come from the defendant. A forensic hair and fiber identification expert testified that a 2-centimeter follicle taken from under one of the victim's fingernails did not match samples taken from her husband.

     Judge McCarville, based on the bite mark, DNA and hair follicle testimony, overturned William Richards' murder conviction.

     The San Bernardino County prosecutor appealed Judge McCarville's ruling to the California Supreme Court. On December 3, 2012, in a 4-3 decision, the state's highest court reinstated Richards' murder conviction. According to the majority justices, the forensic evidence presented at the 2009 hearing did not prove the convicted man's innocence. (Once convicted, the burden of proving innocence shifts to the defendant.) These justices did not believe the forensic dentists had completely ruled out Richards as the source of the crime scene bite mark.

     The dissenting judges did not agree with this interpretation of the new bite mark testimony. As these three justices saw it, three of the four odontologists, including Dr. Norman Sperber, stated that the convicted man was not the source of this crime scene evidence. Since it had been this evidence that had finally led to Richards' murder conviction, its absence supported the position that the state had not carried its burden of proving this man's guilt beyond a reasonable doubt.

     In September 2014, a new law went into effect in California that would make it easier for William Richards' attorneys to have his conviction overturned. Under this legislation, whenever an expert witness changed his or her opinion, as Dr. Sperber did in the Richards case, the initial testimony would be classified, by law, as false evidence. If that evidence played a vital role in the guilty verdict, the expert's repudiation was grounds for overturning the conviction.

     Citing the new law, Richards' attorneys asked the California State Supreme Court to reconsider the case and throw out the murder conviction.

     On May 27, 2016, the California Supreme Court overturned Richard's 1997 first-degree murder conviction. Following this decision, the San Bernardino District Attorney decided not to retry the case.

1 comment:

  1. What you people fail to report is that Richards Attorney came into court and touted he had an expert that claimed that the bite make was not Richards. The prosecutor had experts look at the defense allegations and the peoples expert testified that the bite mark was consistent but not conclusive. The innocence project has reported this falsely, the evidence presented was done with Photoshop in hearing. Why would any court trust Photoshop? Their is additional evidence that has and always will point to Richards.

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