HOUSTON (AP) _ A judge delayed closing arguments in a hearing in order to hear testimony from a forensic expert before ruling on whether new DNA evidence is favorable to a death row inmate.
State District Judge Joan Campbell wants to hear from the city’s expert Patricia Hamby before issuing a ruling in an evidentiary hearing that could lead to Charles D. Raby’s release or a new trial, the Houston Chronicle reported.
Raby was sentenced to death for the 1994 murder of a 72-year-old woman assaulted and stabbed in her home.
During Raby’s trial, Houston crime lab analyst Joseph Chu testified that tests on scrapings from under the woman’s fingernails were inconclusive. Raby’s lawyer presented new DNA tests in January that had no evidence linked to Raby.
Hamby has called Chu’s testimony “incorrect … and not supported.” Hamby, who is based in Indiana, is expected to testify sometime next month.
After her appearance, Campbell will decide whether the new evidence is favorable to Raby’s case.