The Justice Project - Profile of Injustice
Donald Reynolds and Billy Wardell
Childhood friends Donald Reynolds and Billy Wardell spent over eleven
years in prison for a crime they did not commit, largely due to a lack of
oversight and transparency in the forensic lab that tested evidence in the
case. An exculpatory forensic report was never disclosed, and the incorrect
testimony of a forensics expert was used to shore up questionable eyewitness
identifications in court. In 1997, DNA tests exonerated them.
On May 3, 1986, two University of Chicago students were walking near their
dormitories when three men claiming to have a gun approached them. After
robbing the women of six dollars, the attackers forced the women to walk
several blocks to a secluded area and separated the two victims. One victim
was raped and scratched her attacker on the face and neck. The second victim
was able to fight off her rapist. The men then fled and the women called
police from a nearby security phone. Both victims provided descriptions of
their assailants and were taken to the hospital, where rape kits were
prepared.
Police picked up the victims a few days later to prepare a composite sketch.
As they passed by the crime scene on the way to the station, they noticed a
police officer questioning a man, Donald Reynolds, who had a number of
scratches on his face and neck. One of the women declared, “That’s him.
That’s the guy.” The police officer stopped the car and brought Reynolds
over to the car and both victims identified him as one of their attackers.
Reynolds was arrested and charged shortly thereafter.
A month later, the police showed the victims a photo lineup that included
Billy Wardell, a longtime friend of Reynolds. One of the victims tentatively
picked Wardell’s photo, stating “this could be one of the guys.” She
admitted, however, that she was not sure - her attacker wore a hood the
whole time, making it difficult to see him. Four days later, however, the
same victim positively identified Wardell at a physical lineup. Each man in
the lineup put on a gray hooded sweatshirt and uttered a phrase spoken
during the attack. The second victim could not identify anyone. Although
Wardell had three alibi witnesses and the first victim described her
attacker as three inches taller and 85 pounds heavier than Wardell, the police charged him as Reynolds’s
accomplice. Prior to this case, neither had been in serious trouble with the
police.
Before their joint jury trial in January 1988, Reynolds and Wardell
requested that the DNA evidence be tested. The judge denied the request on
the grounds that the testing was too new and its reliability and methodology not yet sufficiently
established to allow it in court. As a result, only basic blood testing was
performed on the evidence.
At trial, both of the women identified Reynolds and Wardell as their
attackers. In addition, police serologist Pamela Fish testified that semen
recovered from one of the victims could only have come from 38 percent of
the black male population, and that Reynolds was included in this segment of
the population.
Reynolds and Wardell were convicted by a jury. After the conviction, Cook
County Circuit Judge Arthur Cieslik told Reynolds and Wardell, “You weren’t
satisfied with [robbing the victims]. You were going to have some more fun
with some white girls.” He then proceeded to sentence Wardell and Reynolds
to an extended prison term totaling sixty-nine years. An appellate court
later reduced their sentence to fifty-five years based on Cieslik’s racist
remark.
Reynolds and Wardell, with their attorneys Kathleen Zellner and David
Gleicher, continued to petition the courts for DNA testing. In 1997, DNA
testing was finally conducted on semen from the rape kit, proving that
neither Reynolds nor Wardell was the attacker.
Though prosecutors originally opposed overturning the convictions, arguing
that the shaky eyewitness identifications should trump the DNA, a new
assistant state’s attorney took over the case and eventually agreed to the
release of Reynolds and Wardell. Their sentences were vacated on November
17, 1997.
Misleading Testimony and Suppressed Forensic Report Exposed
Evidence of wrongdoing by the forensic experts was uncovered after Reynolds
and Wardell were released. First, crime lab analyst Pamela Fish’s testimony,
in which she claimed that the perpetrator had a blood type characteristic shared by only
38 percent of black males and which included Reynolds, was exposed as false,
and was based on what attorneys characterized as a “narrow, prejudicial view
of the evidence.” In fact, an independent expert analysis showed that nearly
80 percent of black males could have shared the characteristic Fish’s
testing identified. The false testimony was only discovered as a result of
investigations into the unrelated wrongful conviction of John Willis
(another victim of Fish’s misleading testimony).
According to an independent analysis of cases in which Fish testified by DNA
expert Dr. Edward Blake, “In many of these cases, Ms. Fish misrepresent[ed]
the scientific significance of her findings either directly or by omission.
The nature of these errors are such [sic] that a reasonable investigator,
attorney or fact finder would be misled. . . . And always she offered the
opinion most damaging to the defendant.” Fish’s misleading testimony has
since been identified as a factor in the wrongful convictions of at least
five others.
In addition to the misleading testimony, important exculpatory forensic
results were never provided to defense lawyers despite their formal requests
for all scientific tests and any exculpatory evidence. Chicago Police crime analyst Maria Pulling
prepared a report concluding that hairs found on Reynolds’ underwear did not
match either victim. It is unclear whether the failure to disclose the
report was intentional or inadvertent, but Pulling later swore of her report
that “It was significant exculpatory information - it indicated that the
hair and fiber evidence taken from [the victim] did not match the evidence
from Reynolds. This should have been reported to the defense.”
Dr. Howard Harris, a former head of the New York City police crime lab and
former president of the American Society of Crime Lab Directors, prepared a
report at the request of attorneys for Reynolds and Wardell, in which he
identified many shortcomings in the Chicago Crime Lab. Prominent among them
were a lack of training and guidelines regarding presentation of testimony,
and a lack of monitoring of testimony that could serve as a check on
misleading characterizations of results. “Failure to train and/or monitor
examiners’ courtroom testimony can lead to serious deviations from proper
testimony,” wrote Harris. “Further, the importance of resisting advocacy
type pressures from investigators or states attorneys is also an ethical
issue of great difficulty for examiners, particularly in police-run crime
laboratories and should be formally covered in training.”
Reynolds and Wardell each lost eleven years of their lives. After receiving
pardons from Governor Jim Edgar, the Illinois Court of Claims paid each of
them $120,300.00. They also recovered $45,000 each in a settlement of a civil suit against the
city.