State of Texas v. Swearingen, Larry Ray

AP-77,043 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/1/2015 3:56:59 PM Accepted 12/1/2015 4:01:20 PM ABEL ACOSTA CLERK December 1, 2015 700 Louisiana Suite 1700 Houston, TX 77002 +1 713 546 5000 tel +1 713 224 9511 fax Alfredo R Pérez +1 (713) 546-5040 December 1, 2015 alfredo.perez@weil.com Abel Acosta Court of Criminal Appeals Supreme Court Building 201 West 14th Street, Room 106 Austin, Texas 78701 Re: The State of Texas v. Larry Ray Swearingen, No. AP-77,043 Dear Mr. Acosta: We have been retained by Dr. Dan Krane, Dr. Rhonda Williams, and Mr. Arthur Young, scientists with decades of experience in DNA analysis and criminal investigations, to file an amicus curiae brief highlighting the advances in the use of scientific evidence and its potential impact in The State of Texas v. Larry Ray Swearingen. The amicus curiae brief may yet be joined by similar individuals. This brief will focus on the significant scientific advancements in DNA analyses, as well as the exculpatory potential of such analyses in the context of criminal investigations. Specifically, the amicus curiae brief will demonstrate that DNA analysis (including the use of the CODIS DNA database) has become the industry norm and that DNA evidence obtained in criminal investigations often (i) outweighs otherwise strong non-DNA evidence, and (ii) has an exculpatory effect. We intend to file this amicus curiae brief during the week of December 14, 2015, and respectfully request that the Court consider this brief prior to ruling on Appellee’s Motion for Rehearing. Respectfully submitted, /s/ Alfredo R Pérez Alfredo R Pérez cc: all counsel WEIL:\95547590\1\99910.A260