The Washington Supreme Court overturned the conviction and death sentence of Darold Stenson ruling that his rights were violated when the state “wrongfully suppressed” photographs that raised questions about mishandling of evidence and an FBI file that was never turned over.
Stenson was convicted in 1994 of the death of his wife and his business partner. The case against Stenson was largely circumstantial except for two key pieces of evidence, gunshot residue found inside a pocket of Stenson’s jeans and blood spatter on the jeans “consistent with [the business partner’s] blood protein.”
However, the prosecution failed to disclose a photograph showing an ungloved sheriff wearing the jeans with the pocket turned out. They also failed to disclose an FBI file that revealed that the agent who testified at trial regarding the gunshot residue was not the one who actually performed the test.
Justice Pro Tem Gerry Alexander wrote the opinion for the majority stating, “Had the FBI file and photographs been properly disclosed here, Stenson’s counsel would have been able to demonstrate to the jury that a key exhibit in the case – Stenson’s jeans – had been seriously mishandled and compromised by law enforcement investigators.”
Stenson has long claimed he did not commit the murders and had his execution stayed three times before his conviction was reversed last week. The Court found that “constitutionally significant mistakes were made in Stenson’s trial, resulting in imposition of the ultimate punishment without the full benefit of due process protections.”
Stenson will be retried but the trial date has not yet been set.
Read the story in the Seattle Times here.
