
Overturned conviction frees Wis. man
By DINESH RAMDE and TODD RICHMOND | Associated Press Writers
January 30, 2009
MILWAUKEE - A man
sentenced to life in prison for killing a
woman in 1984 had his conviction overturned and was released Friday
after spending 23 years behind bars.
Robert Lee Stinson, 44, of Milwaukee, still faces a charge of
first-degree homicide, said Byron Lichstein an attorney with the
Wisconsin Innocence Project, a group of University of Wisconsin-Madison
law students and professors who work to right wrongful convictions.
A judge vacated the sentence after the Project argued that bite-mark
analysis and DNA evidence that didn't match evidence from the crime
scene, Lichstein said.
Stinson smiled as he walked through the gates Friday of the New Lisbon
Correctional Institution in street clothes, pushing a cart with four
boxes. He hugged his 39-year-old sister for about a minute, then hugged
members of the Innocence Project.
He and his sister departed with the lawyers for Applebee's restaurant
in Wisconsin Dells. He told the lawyers he wanted shrimp.
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Robert Lee Stinson (facing camera) hugs a family friend as his sister
Charlene Stinson, right, wipes her tears Friday, Jan. 30, 2009, in New
Lisbon, Wis. Stinson, 44, walked out of the New Lisbon Correctional
Institution in street clothes and hugged his sister and members of the
Wisconsin Innocence Project. A judge vacated the sentence after the
Project argued that bite-mark analysis and DNA evidence that didn't
match evidence from the crime scene, defense attorney Byron Lichstein
said. (AP Photo/Andy Manis)
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The group filed into the restaurant about 2 p.m.
Stinson told reporters
waiting outside the restaurant, "I'm hungry right now," and walked
inside. Within 15 minutes waitresses had brought Stinson strawberry
iced tea and two plates of shrimp. With the group watching him eat, he
nodded as he chewed and said, "Kind of spicy."
After he finished, the soft-spoken Stinson called the Wisconsin
Innocence Project his "guardian angels." He said he couldn't explain
what he'd been through. He maintained he's innocent and plans to work
on a book about his experiences.
"A long ride for me. I'm finally out and I'm going to enjoy my life,"
Stinson said.
Stinson isn't out of trouble yet. He was released from prison on a
personal recognizance bond and a status hearing is set for July 27,
according to online court records.
Milwaukee County Assistant District Attorney Norman Gahn didn't oppose
his release, although he said Friday he has six months to decide
whether to retry him. Gahn wouldn't elaborate. District Attorney John
Chisholm said in a statement that Stinson's conviction was not
wrongful, and that he was convicted based on "state-of-the-art
scientific evidence available at the time of his trial."
"The question today is whether there is newly discovered evidence in
this case to warrant a new trial, and we agree that such evidence
exists," Chisholm said. The statement did not describe the nature of
the evidence.
Stinson was convicted in 1985 in the murder of a 63-year-old Milwaukee
woman the previous year. Ione F. Cyshosz was last seen by a friend who
dropped her at her home after playing bingo. Her near-naked body was
found the next morning, her head bloody and beaten and a number of bite
marks on her torso.
A police officer arrested Stinson in the area after saying the teeth of
the then-21-year-old matched the bite marks.
At the trial, two forensic odontologists testified that Stinson's teeth
were a match, even though Stinson was apparently missing a tooth in a
place where the bite marks indicated a tooth, Lichstein, said.
He said he didn't know why that didn't cast doubt on the case against
Stinson at the beginning, but newer technology indicated there was no
match.
"Every piece of evidence in the case points away from him," Lichstein
said. "He has a very powerful claim of innocence."
Steven Kohn, Stinson's trial attorney, didn't remember the details of
the prosecution. He recalled that the two state experts had previously
discussed the case at a conference for forensic odontologists, leaving
them ethically unable to serve as defense witnesses. He said he was
forced to rely on an expert whose expertise was in dental records, not
forensic odontology.
For a decade, attorneys and even some forensic experts have ridiculed
bite-mark identification as sham science and glorified guesswork.
Critics say human skin changes and distorts imprints until they are
nearly unrecognizable. As a result, courtroom experts end up offering
competing opinions.
Since 2000, at least eight people in five states who were convicted
largely on bite-mark identification have been exonerated, according to
the Innocence Project.
Stinson is the 12th Wisconsin person whose sentence was overturned
after the Wisconsin Innocence Project intervened, group lawyer Keith
Findley said.
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