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General News    H3'ed 11/23/10

Stench Grows Stronger Around Death-Penalty Case in Alabama

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Roger Shuler
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* An evidence technician admitted under cross examination that his team left behind four guns at the scene, including what they now believe to be the murder weapon. The prosecution had determined that one gun was used in the shooting but changed its mind when one of Russell's family members found another gun in his home several months later.

Here is perhaps the most stunning element of this case: Based on press reports, from both The Birmingham News and the Shelby County Reporter, no evidence was presented that tied Russell to the actual act of shooting Gillespie. Articles about the testimony of a forensics expert made no mention of fingerprints, powder residue, or any other evidence that proved Russell fired the weapon. Yes, the gun was found in Russell's house. But proof beyond a reasonable doubt that he fired the gun? If any was presented at trial, it was not reported in the press.

Ed Moran, from the Alabama Department of Forensic Sciences, testified about this crucial part of the caseThe Birmingham News  reported on Moran's testimony in an article with the headline: "Girl shot at close range, expert says." Did Moran present any evidence about who did the shooting? If he did, it's not in the article?


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Ryan Gerald Russell

Did either of Russell's court-appointed defense attorneys ask Moran this simple question: "Do you have any evidence that proves conclusively that Mr. Russell pulled the trigger in this close-range shooting?" If such a question was asked, there is no mention of it in any article. And if such a question had been asked, it appears the answer would have been no.

The list of adults who failed Katherine Helen Gillespie is long. Why was an 11-year-old girl living in a home with a man who kept roughly 40 guns on hand? Why was an 11-year-old girl living in a home with a man who had a drinking problem so severe that he apparently would black out at times?

Emily Webber, Russell's former girlfriend, testified about the serious nature of his drinking problem and the threat it posed to Katherine. From the Shelby County Reporter:

Webber said she lived with Russell at 5048 Kerry Downs Road for a total of a year and half, including the first six months Gillespie came to reside at the home. Webber said she was not living with them at the time of the crime.

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 
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