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Former death row inmate sues ex-police chemist
By Associated Press
Published:
12/27/2007 4:38 AM
Last Modified: 12/27/2007 4:38 AM
OKLAHOMA CITY -- A former Oklahoma death row inmate has sued an ex-police chemist whose testimony helped send him to prison more than 20 years ago.
Curtis Edward McCarty filed a federal lawsuit against Joyce Gilchrist, police Chief Bill Citty and the city earlier this month for allegedly ignoring his constitutional rights.
McCarty, 45, alleges Gilchrist fabricated the evidence that led to him being convicted two times in the Dec. 10, 1982, murder of 18-year-old Pamela Kaye Willis. He was sentenced to death three times, but each of those convictions was overturned on appeal because of questions about Gilchrist's testimony.
According to the lawsuit, the chief of police failed to properly train and supervise Gilchrist, whose work was questioned as far back as 1986, according to his lawsuit. Officials fired her in 2001.
He is seeking unspecified damages, according to the Dec. 5 filing.
A city attorney declined to comment on the lawsuit Wednesday, while Gilchrist's attorney could not be reached for comment.
Gilchrist has been sued by at least two other former inmates who blamed her for their wrongful incarceration.
Oklahoma City officials agreed in January to pay $4 million to Jeffrey Todd Pierce, who spent 15 years in prison for a rape he did not commit.
David Johns Bryson, who spent 17 years in prison for rape and kidnapping before being exonerated by DNA evidence, still has a lawsuit pending against Gilchrist, the city of Oklahoma City and former
Oklahoma County District Attorney Bob Macy.
McCarty was released from prison in May when an Oklahoma County judge dismissed the murder charge filed against him in 1985. His case differed from the other two because authorities don't consider him to be exonerated.
District Judge Twyla Mason Gray said evidence in the case was tainted by Gilchrist, but she still thought McCarty was involved in Willis' slaying. Prosecutors maintained there was enough evidence to convict McCarty but opted not to appeal Gray's decision to dismiss the charge.
McCarty's attorneys contend there was no evidence linking him to Willis' death once testimony offered by Gilchrist was refuted by subsequent scientific tests.
"Her unscientific methods and testimony were the direct ... cause of McCarty's wrongful incarceration," his attorneys wrote in the filing.
By Associated Press
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Report Comment
Larry
, Tulsa (12/27/2007 8:00:03 AM)
How many innocent people have this woman put behind bars by fabricating evidence??? There are many other cases come out where she fabricated evidence. Does she have no shame????
Report Comment
Majors
, Tulsa (12/27/2007 9:07:21 AM)
It is terribly scary how many innocent people have gone to prison for one reason or another. It has happened a lot and continues to. I can't imagine having to be in prison for a crime I did not commit.
How horrible to think a person could be wrongly convicted and their life taken away just like that.
Report Comment
james
, (12/27/2007 9:08:32 AM)
The injustice here is the fact that SHE doesn't get to spend time behind bars. I hope the sue her for everthing she owns all the way down to what her grand kids will own. What a piece of crap.
Report Comment
B. V.
, Tulsa (12/27/2007 9:14:03 AM)
She's good for making your life a nightmare. When I see her face, all I see is an evil devil.
Report Comment
steved
, yulsa (12/27/2007 9:40:39 AM)
Oh Yea, I remember when all of this witch's phony testimony and lab work results finally came to light. I thought, it won't be long till there is going to be law suit after law suit on this creep. She deserves every thing she gets. I think she should be put on death row for the simple reason that she helped send quite a few people there herself, knowing she was not doing it legally. I know that won't ever happen but I think she should at least get 20 years to life. Look how many lives she ruined. Man some guys DID sit on death row for years and years because of her and her alone. Thank god for people like "Barry Scheck and the innocence program", he has gotten alot of innocent people freed also. Put her away and lets never have to hear her name again.......
Report Comment
john
, oklahoma city (12/27/2007 9:55:30 AM)
that just goes to show you how unconstitional the laws or in oklahoma. alot of innocent people get put in jail everyday..... how long is this going to last
Report Comment
Injustice
, (12/27/2007 12:35:43 PM)
She and all involved should be charged with attempted murder, pergury, conspiracy, etc. Let the OKCPD be treated the exact same way they've been treating others!
Report Comment
BP
, Tulsa (12/27/2007 12:49:46 PM)
This lady deserves to be shot!! The thought of someone ruinning so many lives is disgusting to me!! I hope she goes to the pen for the rest of her life and rots in hell for all of the devastation she has caused not only the wrongly accussed but their entire families!!
Report Comment
HP
, tulsa (12/27/2007 12:56:34 PM)
I agree that she and perhaps others involved committed crimes for which they should be prosecuted. Only if we demand justice will there be any hope of justice.
Report Comment
DonnaLezza
, Centralia (12/27/2007 3:14:46 PM)
Is this Gilchrist woman....free....walking around. Why hasn't she been incarcerated? How can she get by with so much.....
Report Comment
billy
, (12/27/2007 4:24:52 PM)
i have first hand knowledge of the police and the fabrication of lies they bring.
all the cards are in there hand if they press charges against you its up to you to prove yourselve innocent. alot of people (including me) are forced to take some kind of plea deal because we dont have thousands of dollars for a good defence. the police have imunity for anything they do so what do they have to lose. the best criminals are the police only they get paid leave for there crimes or jut a simple termination after the paid leave.
you will never know how real this article is until youre wrongly accused.
Report Comment
june
, (12/27/2007 4:28:16 PM)
the laws are made for the rich as they can afford the fight in court ( O J knows).
jails are full of poor how many rich spend any time in jail?
it will get worse
Report Comment
mike
, (12/27/2007 4:29:50 PM)
make the police responsible for there actions
Report Comment
Aaron Charlz
, Tulsa (12/27/2007 4:52:38 PM)
I wonder if anyone has been put to death because of a wrongful conviction based on her work and/or testimony.
.
If so, it seems to me she would be guilty of murder and in which case she should go the path she so willingly sent others.
.
SHAME ON ALL THOSE THAT PARTICIPATED IN THE PROCESS - FROM THE PROSECUTORS ON DOWN TO THE DETECTIVES!!!!!
Report Comment
John Marlow
, San Angelo, TX/ Tulsa Native (12/27/2007 6:17:25 PM)
Yes. Many convictions are being overturned.
But how many will remain in prison without rehabilitation? 97% of all incarcerated persons will be released at some point but are poorly prepared to do so.
70% of those who are released this years will return to prison in 10 years. But only 10% of those who receive an associate's degree will recidivate.
Please support measures to educate those behind bars.It will save millions in tax dollars.
Report Comment
Cherry
, Tula (12/27/2007 6:17:27 PM)
This woman needs to be sued for everything she's got and more. She has taken the lives of many innocent people. I hope she is left broke and homeless when everyone gets through with her.
Report Comment
john
, (12/27/2007 6:27:06 PM)
wake up everyone she will pay nothing and get charged with nothing. as a member of the police dept. she has immunity as all police do. that way they dont have to worry about violating anyones rights when doing there job
Report Comment
LP
, Tulsa (12/27/2007 6:28:06 PM)
I'll give you an example of justice. When I was a young lad and running with the wrong people I was caught in a direct web of lies for something I was merely a spectator to. According to the police I had been to a drug house only because my car was the only car they got a tag number from. They charged me based on my tag number. Later a court hearing was held and I sat and listened to the police and DA lie in court. I recall the DA told me while they held me in jail that my arse was in a sling and that I was facing 2 to 10 years. Imagine that being told to you and you had no knowledge of the drug ring that was going on. So when I met with my attorney I told him these things and during court he actually put the DA on the stand and asked him if he had said this. haha, the DA lied in court about it. Then it just got worse. The sherriffs dept continued to lie about me and that I was one of the people that had gone into this house they were talking about. ahahah, I knew it was all a lie because I had never been there. It just goes to show you what they will do to convict someone whether they are innocent or not. Summary, the judge dismissed the case because the so-called narc couldn't remember who I was. Duh!!! because I wasn't there. Great googly moogly. What a joke.....
... Today I am a productive citizen.
Report Comment
LP
, Tulsa (12/27/2007 6:59:50 PM)
I will say this was not in Tulsa. And I will also go on to say I have some close acqaintances in the Tulsa PD that I respect.
Report Comment
B. V.
, Tulsa (12/28/2007 6:17:36 AM)
Why doesn't a police officer or some co-conspirator explain how this can happen from first hand knowledge? Or are you too chicken to explain the wrong that's going on in your "justice" system? How can defense attorneys defend criminals? Well, here's another question: How can the prosecution convict innocent and completely innocent citizens? I think the wrongly accused should "all" be set free; then, they should be entitled to a ridiculously high million dollar amount. Maybe wrongful convictions will get someone's attention.
Report Comment
chris
, tulsa (12/28/2007 9:03:17 AM)
it isn't just this woman, it is all of us. We sit here and read these headlines and assume guilt. Don't believe me? Look at the comments on other stories of "man allegedly ........" or "woman allegedly ..........". The comments alone ensure guilt with or without evidence. We the sheeple, of the United States of America, in order to form a more controlled union do exactly what they tell us.
Report Comment
S.G.
, Tahlequah (12/28/2007 9:50:45 AM)
I still support the ultimate penalty in some cases, but cases such as Gilchrist's makes me wonder if it needs to be totally eliminated. How many wrongful verdicts are out there??
Report Comment
Tammy W., Former Nurse Tech, SFH
, Okmulgee (12/28/2007 11:53:04 AM)
Wow...what a bombshell for some people who believe everything they see in the media, and trust the police and prosecutors to do the "right" thing....Some of the same folks who have already burned a male nurse at the stake are now posting on this article like they're appalled that this sort of thing goes on...Now they want justice to swing in the other direction....If everyone on here is right, I know a nurse whose family will be set for life after he gets finished suing SFH, TPD, TDA, TW, and the false accusors in his case.....I was really worried how he was going to recover financially from this whole fiasco, but now I'm hopeful he'll be hitting the jackpot!!!! Yeah!!!
Report Comment
pt
, tulsa (12/28/2007 12:42:58 PM)
when I was 17, I worked at a restaurant as the bartender.
Now let me give details:
1. I was pulled over for speeding (rightly so, I was).
2. Officer had me sit in his car.
3. Im wearing a bartenders uniform and of course smell like beer.
Not drunk at all, the cop continued for 15 minutes to tell me to admit I had been drinking which I hadnt.
After another 5-10 minutes I gave up and admitted to a lie.. He let me go with a $50 ticket for speeding.
If this had happend years later, I would have not admited it.
The offer was on the verge of arresting me for resisting an officer.
I even insisted on getting the usual on site tests to prove it.
Apprarently both then & now, cops are stupid enough to not know the difference beween working in a bar, and drinking.
It was very obvious I wasnt drunk too, as I went ahead and informed him I had a major computer programming test in themorning and immedately after a Calculus test.
Now I dont think a drunk person can do calculus or even algebra in their head?
It is extremely easy to tell the difference, and even my own manager said so and he was a retired cop too.
Report Comment
pc
, tulsa (12/28/2007 12:52:37 PM)
it isnt just cops or law enforcement.
Also case workers who will lie about child abuse and get the wrong people accused.
Btw, remember, that in the case of child abuse, the accusation is all thats needed.
It doesnt even matter if the accused is guilty or innocent.
Accusations is all thats needed.
Dont forget that often case workers cannot be confronted about their lies.
In a neighbors case it took 5 years and what cleared him was DNA.
It turned out it was his then wifes bf (who had done it). Neighbor didnt even know that his now xwife had fooled around.
They were divorced a year later from the crime.
SHe is now spending 10 years in jail for particpation in this and also another crime since.
Point being,, that if one is accused of child abuse, chances are pretty high that the accused may not be guilty.
Personally I would have insisted on DNA proof even then.
But it can be costly for some.
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