Sexual Assault Conviction on DNA Evidence Alone Case In Texas
In Williams v. State, 848 S.W.2d 915 (Tex. App.--Texarkana 1993, no pet.), the defendant was convicted of aggravated sexual assault,.
The facts in Williams shows that in the early morning hours, the victim's apartment door was kicked in.
The victim's face was covered, and she was sexually assaulted by two assailants.
She could not identify her assailants. See id. at 916.
The DNA testing revealed that the DNA pattern found in the defendant's known blood matched the DNA pattern in the blood from the seminal fluid taken from the victim. See id.
An expert testified that based on the DNA testing, there was a 1 in 12,500,000 chance that the blood found in the seminal fluid taken from the victim's vaginal area was not that of the defendant. See id. at 917.
The victim testified that she worked with the defendant's wife, that he had been to her apartment, and once, in a strange conversation, inquired whether anyone had performed oral sex on her. See id. at 916.
She testified that she knew a R.Day by name only. See id. at 917.
The defendant offered alibi testimony that he was in Florida with his wife on the date in question.
His wife's supporting testimony was impeached when she was recalled and admitted that she was at work in Dallas on the date in question and not in Florida.
The defendant's brother testified that the victim was dating R.Day.
Day testified that he had sexual intercourse with the victim on the date in question and the defendant was not present. See id.
The appellate court concluded that the evidence viewed in the light most favorable to the verdict was legally sufficient to support the conviction. See id. at 917.
There was no discussion that DNA evidence was the only real inculpatory evidence supporting the conviction.
Yet, it is clear the conviction rested upon the DNA evidence.