Alabama attorney Larry Grissett was checking Facebook in late September when he saw a news story about a man he represented in a murder trial more than 40 years ago. According to the article, a federal judge had just vacated the conviction of that client, Charles McCrory.
Grissett was stunned. He later summed up his reaction: “Vindication.”
McCrory was 26 years old when he was accused of brutally killing his wife in the small town of Andalusia. He insisted he was innocent — and Grissett believed him. There was no evidence connecting McCrory to the crime; prosecutors seized on a supposed bite mark found on his wife’s body, which a state expert claimed to match to McCrory’s teeth.
Grissett was never convinced by the so-called bite mark. At McCrory’s 1985 trial, he said, Grissett’s own dentist sat through the expert testimony and found it preposterous. “He says, ‘There’s no way that guy can say that,’ Grissett recalled. “I mean, anybody with common sense would know that.”
In a September 21 ruling describing the case against McCrory as “thin,” Trump-appointed Judge R. Austin Huffaker Jr., zeroed in on this junk forensic science. Not only would the alleged bite mark not be allowed into evidence today, Huffaker wrote, bite-mark analysis itself “is grossly unreliable and unsupported by relevant scientific bodies. It amounts to nothing more than rank speculation.”
Unless the state moves to retry him within the next six months, Huffaker concluded, McCrory must be released from prison.
The ruling was not only momentous for McCrory, who has insisted on his innocence for more than four decades, but it also marked a new victory in the long legal battle against junk forensics — and the discredited discipline of bite-mark analysis specifically.
“Everybody sees this was junk science. You don’t have to be a scientist to understand that.”
Yet more than a month after the decision, McCrory remains behind bars with no sense of when he might walk out. Although his lawyers asked the court to free him on bond pending the state’s decision to release or retry him, the Alabama attorney general’s office filed a motion last week asking Huffaker to reconsider his order overturning the conviction. The state’s appeals will likely drag out McCrory’s ordeal through the holidays and into next year.
In a statement, McCrory’s current legal team praised Huffaker’s “explicit acknowledgment that criminal convictions based on discredited bitemark evidence cannot stand.” Mark Loudon-Brown, senior attorney at the Southern Center for Human Rights, and Chris Fabricant, director of strategic litigation for the Innocence Project, said they are “grateful for the decision and look forward to continuing our fight to bring Mr. McCrory home.”
In 2022, The Intercept published a lengthy investigation into McCrory’s case, detailing the flaws in the state’s conviction. The case attracted additional media coverage, highlighting the problem of junk forensic science. Despite the glaring problems with the evidence against McCrory, Alabama courts have routinely rejected his appeals and in 2023, the state’s parole board denied McCrory release.
Julie Bond McCrory’s body was found inside her home in Andalusia on May 31, 1985. Her head was bashed in, and she’d been repeatedly stabbed in the chest. The couple’s son Chad, then 3 years old, was found unharmed in his bed. Police quickly pointed to McCrory as their only suspect: He and Julie were separated, and McCrory had been having an affair. At trial, the theory seemed to be that he’d savagely murdered Julie to be free from her.
The police investigation was cursory at best. Detectives found no physical evidence to connect McCrory to the bloody crime. Meanwhile, they ignored some evidence altogether, including two windows in Julie’s bedroom that were found open, but which investigators failed to dust for fingerprints. Police also failed to consider an alternate suspect, a man who worked at an excavating company bordering the McCrorys’ backyard and who, just weeks after Julie’s murder, committed a home invasion rape of another local woman. He was convicted and sent to prison for that crime.
Ultimately, the state latched onto a single piece of physical evidence against McCrory: a pair of small indentations on the back of Julie’s right arm, which prosecutors concluded was a bite mark made by McCrory’s teeth.
To sell this theory, the state employed famed forensic dentist Richard Souviron, a star prosecution witness in the recent and sensational trial of serial killer Ted Bundy. Although Souviron initially said he couldn’t definitively link the two marks on Julie’s arm to McCrory’s teeth, at trial he was unequivocal that they matched.
Skin, with its malleability, is a terrible medium for accurately recording any injury.
Bite-mark analysis is based on a two-pronged foundation. First, that the shape and arrangement of our teeth are unique, like DNA, and second, that skin is a suitable substrate for recording this uniqueness. As it turns out, there’s no science backing either assertion. In fact, research into the discipline has routinely found the opposite — that human dentition is not unique and that skin, with its malleability, is a terrible medium for accurately recording any injury. This makes bite-mark analysis a random and entirely speculative practice.
Still, after taking center stage at the Bundy trial, bite-mark analysis took off in the 1980s and ’90s and, despite not having any basis in actual science, made its way into courtrooms around the country, turning forensic dentists like Souviron into newsmaking, swashbuckling crime fighters.
In the years that followed, however, bite-mark analysis was increasingly called into question and ultimately exposed as junk science, a subjective pattern-matching practice that has led to dozens of wrongful convictions. At least four of those, including McCrory’s, are cases in which Souviron served as the prosecution’s expert.
In 2019, Souviron recanted his testimony in McCrory’s case, providing an affidavit to Fabricant and Loudon-Brown, who presented it at a 2021 evidentiary hearing in Andalusia. “As a forensic odontologist I no longer believe the individualized teeth marks comparison testimony I offered in his case was reliable or proper,” Souviron wrote. “I no longer believe, as I did at the time of trial, that there is a valid scientific basis for concluding that the injury found on the skin of the victim in this case, assuming that the injury is in fact teeth marks, could be ‘matched’ or otherwise connected to a specific individual, such as Mr. McCrory.”
Despite the fact that their key witness had disavowed the evidence they used to send McCrory to prison for life, prosecutors fought to preserve their conviction. At the 2021 hearing, they insisted that McCrory was guilty, based on the same evidence they presented at trial. They recast the supposed bite mark as “teeth marks,” implying that, while bite-mark analysis may be discredited, the study of “teeth marks” is a separate and valid discipline. Even if Souviron had not testified for the state, they argued, jurors could have looked at photos of the marks on Julie’s body and the dental molds taken from McCrory and decided for themselves that McCrory inflicted the wounds.
Covington County Circuit Court Judge Lex Short, who presided over the hearing, agreed with the prosecutor. So did the Alabama Court of Criminal Appeals, which upheld his ruling in favor of the state. But Huffaker did not.
Huffaker took exception to the notion that analyzing “teeth marks” is somehow separate from bite-mark analysis. It is clear, he wrote, “that bitemark identification is based on analysis of individual teeth markings.”
But “most importantly, the state court unreasonably determined that, even without Dr. Souviron’s expert testimony, a reasonable jury could compare the bitemark evidence with McCrory’s dentition themselves and find that it belonged to McCrory,” Huffaker wrote. “This finding blinks reality in light of the evidence presented by McCrory at the postconviction evidentiary hearing.” In a footnote, he added that “if an expert could not testify about bitemark identification because it is junk science, a jury should not have been allowed to consider it either.”
McCrory is not the only person who is still fighting for his freedom decades after being convicted based on discredited junk science. Last year, Chris Duncan was declared innocent nearly 30 years after being sent to Louisiana’s death row based on bogus bite-mark evidence. He was released one day before Thanksgiving. In his case, a video showed the state’s supposed bite-mark expert manufacturing the evidence that was used to convict Duncan.
As in McCrory’s case, Louisiana prosecutors have nevertheless continued to insist their case against Duncan is solid. And as in McCrory’s case, this has not gone over well with some judges. Earlier this year, Louisiana Supreme Court Chief Judge John Weimer wrote that bite-mark evidence “should be discarded and no longer have a place in the realm of forensic science.”
“Long ago, some who were thought to have the best and brightest minds of that time endorsed ‘trial by water’ as a means of determining a person’s guilt or innocence. We now look back at those practices as asinine and absurd, since those who fell victim to those practices often did not survive, regardless of whether they were found guilty or innocent,” Weimer wrote. “Thankfully, as scientific knowledge evolved, there was a realization that these practices had no basis whatsoever in logic, reason, or the search for truth, and the practices were discarded.”
As the holidays approach, McCrory’s family remains hopeful that he will soon walk out of prison. His son Chad, who is now in his 40s, has attended a dozen parole hearings with the hope of one day seeing his father released.
Grissett, McCrory’s former lawyer, reached out to Chad to share his hope that McCrory will finally come home. While memories have faded in the tight-knit community of Andalusia, many people remember McCrory’s case, he said.
“Everybody sees this was junk science,” Grissett said. “You don’t have to be a scientist to understand that.”
It’s “sad that it’s taken this long,” Grissett said. It haunts him that “somebody’s still out there who murdered this lady. And I’m afraid that they’re not gonna look into that.”
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