Reed, Rodney

Court of Appeals of Texas·Decided November 19, 2015·No. AP-77,054·Published

Opinion

WR-50,961-07 AP-77,054

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Barry C. Scheck, Esq. Transmitted 11/19/2015 2:50:19 PM Peter J. Neufeld, Esq. Accepted 11/19/2015 3:57:12 PM Directors ABEL ACOSTA CLERK

Maddy deLone, Esq. Executive Director Innocence Project 40 Worth Street, Suite 701 New York, NY 10013

November 19, 2015

Tel 212.364.5340 Fax 212.364.5341 www.innocenceproject.org

November 19, 2015

Abel Acosta Clerk of the Court of Criminal Appeals 201 W. 14th St. Rm. 106 Austin, TX, 78701

Re: EX PARTE RODNEY REED, Writ Cause No. WR-50,961-07 RODNEY REED v. STATE OF TEXAS, Appeal No. AP-77,054 Dear Mr. Acosta:

Please find attached to this electronic filing an ADVISORY REGARDING POTENTIAL ERRORS IN THE TEXAS DEPARTMENT OF PUBLIC SAFETY’S DNA ANALYSIS along with the attached exhibits. Mr. Reed currently has pending before the court an appeal pursuant to Chapter 64 of the Code of Criminal Procedure as well an application for a Writ of Habeas Corpus pursuant to Article 11.071 of the Code of Criminal Procedure. The enclosed advisory should be filed into both cases. If you have any questions or concerns please do not hesitate to contact me at 212-364- 5980. Thank you very much.

Sincerely.

/s/ Bryce Benjet_______________ Bryce Benjet Staff Attorney

CC: Matthew Ottoway, Assistant Attorney General Bastrop District Attorney’s Office

Benjamin N. Cardozo School of Law, Yeshiva University

IN THE

COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS

EX PARTE § § Writ Cause No. WR-50,961-07 RODNEY REED, § § Trial Cause No. 8701 Applicant. §

IN THE

COURT OF CRIMINAL APPEALS AT AUSTIN, TEXAS

RODNEY REED, § Appellant, § § Appeal No. AP-77,054 v. § § Trial Cause No. 8701 STATE OF TEXAS, § Appellee. §

ADVISORY REGARDING POTENTIAL ERRORS IN THE TEXAS DEPARTMENT OF PUBLIC SAFETY’S DNA ANALYSIS

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS:

Rodney Reed files this advisory to inform the Court of notices provided by

the Office of the Attorney General, the Texas Department of Public Safety (DPS),

and the Texas Forensic Science Commission (FSC) that the DNA results reported

in Mr. Reed's case may be in error. Specifically, the Office of the Attorney

General has forwarded notices from DPS and FSC indicating that Mr. Reed's case

may have been affected by errors identified in both statistical databases relied on

by DPS as well as the manner in which DPS analyzed DNA mixtures. These

notices are attached as Exhibit 1. In response to this information, Mr. Reed has

asked DPS to review its work in the case, correct any errors, and provide the

materials necessary to evaluate DPS's review. A copy of this request is enclosed as

Exhibit 2.

Mr. Reed currently has pending before the Court an appeal pursuant to

Chapter 64 of the Code of Criminal Procedure as well an application for a Writ of

Habeas Corpus pursuant to Article 11.071 of the Code of Criminal

Procedure. Because these proceedings involve a review of the record, any error in

the DNA analysis reported by DPS and introduced into the record has the potential

to materially affect this Court's determination of Mr. Reed's case.

Undersigned counsel will keep the Court apprised of this matter as it

progresses.

Respectfully submitted,

/s/ Bryce Benjet______________ BRYCE BENJET State Bar No. 24006829 THE INNOCENCE PROJECT 40 Worth St. Suite 701 New York, New York 10013 (212) 364-5340 (212) 364-5341 (fax)

ANDREW F. MACRAE State Bar No. 00784510 LEVATINO|PACE LLP 1101 S. Capital of Texas Highway Building K, Suite 125 Austin, Texas 78746 (512) 637-8563 (512) 637-1583 (fax)

Attorneys for Applicant Rodney Reed

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Advisory has been e-filed and electronically served on the attorneys for the State on this 19th day of November 2015:

Matthew Ottoway Bryan Goertz Assistant Attorney General Bastrop District Attorney 300 W. 15th Street 804 Pecan St. Austin, Texas 78701 Bastrop, Texas 78602

/s/ Bryce Benjet_______________ Bryce Benjet

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