News broke recently that convicted murderer, Tommy Arthur, was granted DNA testing on evidence in his 1982 capital murder trials. Times Daily reported that state crime labs will test a wig allegedly worn by Arthur at the time of the murder. The defense alleges that DNA evidence will show DNA from Bobby Ray Gilbert, who admitted to the murder just three days before Arthur was scheduled to be put to death.
Arther has been convicted of the murder three times. The case was thrown out twice on technicalities. Tommy Arthur was convicted by three separate juries with no use of DNA evidence (DNA evidence was not available in 1982).
DNA testing helps solve hundreds of crimes in today's society. It may help in this case as well. Here are the top two reasons why DNA testing may be difficult in this case:
1) Chain of Custody – This murder was committed in 1982. It’s safe to say that dozens of parties have touched, handled, transported, and been around the evidence in question. Unless every person who came in contact with the evidence was recorded, the chain of custody is broken. Someone may have tampered with the evidence.
2) What will DNA Prove? – The wig in question was probably worn by many individuals. Therefore, there will be a mixed DNA profile. Not finding Arthur’s DNA on the wig does not acquit him of murder. But finding Bobby Ray Gilbert's DNA does corroborate his confession.
This testing could lead to a fourth trial.
Forensic DNA Testing oftentimes provides conclusive evidence of the perpetrator of a crime. This case could go either way. In any case, Tommy Arthur is doing evertything he can to prove three juries wrong.
