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Robert Lee Stinson Case


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Robert Lee Stinson
Dental overlay over Stinson
Known forExonerated of crime due to reevaluated DNA evidence and faulty Bite Mark testimony
Criminal statusExonerated in 2009
Criminal chargeCharged with the murder of Ione Cychosz 1985

Robert Lee Stinson is a Wisconsin man that was charged with the rape and murder of 63-year-old woman, Ione Cychosz. Cychosz’ body was discovered in a vacant lot close to Stinson’s backyard[1]. Bite marks, that were left on the body, were analyzed by Dr. Lowell T. Johnson, a forensic dentist, who advised that the bites were left by someone missing their front tooth. Due to Richard Lee Stinson’s proximity and Dr. Johnson’s testimony, that was later backed up by Dr. Raymond Rawson (both members of the American Board of Forensic Odontology), he was sentenced to life in prison[2].

In 2005, the Wisconsin Innocence Project took up Stinson’s case and alleged that the forensic evidence was faulty, DNA evidence was reassessed that ruled out Stinson’s involvement. Finally on July 27 2009, Robert Lee Stinson was exonerated of Ione Cychosz’s murder after serving over 20 years in prison. Later in the same year, he began a lawsuit against James Gauger, the lead investigator on the case, Dr. Lowell T. John and Dr. Raymond Rawson[3].  Robert Lee Stinson’s case is one of many that have led to the continued push to discredit forensic evidence such as ‘bite mark analysis’ in courts[4].

Stinson’s lawsuit is still ongoing in the court of appeals after a previous federal lawsuit was dismissed in 2015[5]. In April 2012, Moses Price Jr. was charged and sentenced with the murder of Ione Cychosz[6] after DNA evidence linked him to the crime. Price was in prison serving a 35-year sentence for homicide when the DNA evidence was found and received another 19 years incarceration.

The 1985 Case

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On the morning of November 3, 1984, a passerby discovered the body of Ione Cychosz, she had been beaten, raped and stabbed. There were no eyewitnesses or motives that police could identify in relation to the murder. Bite marks that were left on the body were subsequently examined by Dr. Lowell T. Johnson, who asserted that they must have been left by an attacker missing a front tooth.

Stinson was interviewed by the lead investigator on the case James Gauger and his partner due to his proximity to the scene. The detectives purposefully said something to make Stinson laugh so his teeth would be visible[2]. After noticing his missing front tooth, Stinson was arrested and charger for the murder of Cychosz.

Stinson’s legal team attempted to exclude the bite mark evidence from the case, however, trial Judge Janine Geske denied this request and stated ‘there are adequate standards and controls in the area of forensic odontology… (And it is) a recognized are of science’. Dr. Johnson’s testimony was backed up by fellow forensic odontologist, Raymond Rawson who stated, ‘there was no question that there was a match to reasonable scientific certainty’[4].

Finally on 12 December 1985, Robert Lee Stinson was convicted for the murder of Ione Cychosz and sentenced to life in prison.

Exoneration

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Robert Lee Stinson appealed the court's decision, arguing that the bite mark evidence is inadmissible, however, the Wisconsin Judicial System upheld the previous conviction[7].

Throughout his 23 years in jail, Robert Lee Stinson refused to admit any guilt, and was subsequently never granted parole, which requires an acceptance of guilt, and acknowledgment of the crimes committed[4].

In 2005, The Wisconsin Innocence Project took up Robert Lee Stinson’s case; following a letter written from Stinson while in jail. Alleging that the forensic evidence was faulty, DNA evidence was reassessed and conclusively ruled out any involvement of Robert Lee Stinson in the murder.  Milwaukee County District Attorney’s office overturned Stinson’s conviction and he was released on the 30th January 2009. All charged were dropped formally on 27th July 2009[1].

The new DNA evidence sought by the Innocence project also showed links to a Moses Price Jr. who at the time was serving a 35-year sentence for a 1991 murder of a man in Milwaukee. In May of 2009, Moses Price Jr. signed a confession for his murder of Ione Cychos[8].

Issues with Forensic Dentistry

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The case came at a time when forensic sciences were still relatively new in the court system and was the first example of it being used in the state of Wisconsin. Stinson’s case was subsequently used as the precedent for all cases thereafter.

The first time it had been used was in 1975, the People V Marx[9], which in turn was cited by many succeeding, cases, despite the court in this case ‘conceding there was no official science behind it’. Bite mark analysis was further ‘legitimized’ when it was used in Ted Bundy’s case.[4]

Judge Janine Geske at the time was working within the requirement set that evidence be ‘relevant and helpful’, however in 1993, the Daubert Standard would be introduced that added that expert testimony be from an established scientific field with approved methods of testing[4].

There are notable issues with the dental analysis in this case. Firstly, the sketch that was originally drawn by Dr. Johnson was inconsistent with the missing tooth that Robert Lee Stinson had, but he would later change his testimony once investigators had brought Stinson in[10].

Tests have found many times, bite mark evidence is inconclusive and the way in which the data was presented by Dr. Johnson could be seen to ignore certain inconsistencies[4].

The case also brings into question the idea of ‘qualified immunity’ in that ‘experts’ in fields may go unquestioned and their testimony is often what will sway a jury[10].

Other cases that rested on bite mark analysis have also been overturned, including the 1992 trial against Ray Krone who was sentenced as guilty and put on death row, partly due to forensic testimony from Dr. Raymond Rawson. Ray Krone would later be exonerated by DNA evidence after serving 10 years in prison[11].

Subsequent Lawsuits

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tbc.

  1. ^ a b "Robert Lee Stinson". The Innocence Project. 25 July 2011.
  2. ^ a b "Robert Lee Stinson". The National Registry of Exonerations.
  3. ^ "ROBERT LEE STINSON, Plaintiff-Appellee, v. JAMES GAUGER, LOWELL T. JOHNSON, and RAYMOND RAWSON, Defendants-Appellants". Find Law for Legal Professionals. August 25, 2015.
  4. ^ a b c d e f Fong J. & Lee D. "False Positive: When forensic science fails". Vox.
  5. ^ Vilmetti, Bruce (August 18, 2019). "Man wrongfully imprisoned 23 years on bogus bite mark evidence can sue dentists, detective". Journal Sentinel.
  6. ^ Johnson, Mike (23 April 2012). "Man charged in 1984 north side slaying". Journal Sentinel.
  7. ^ STATE of Wisconsin, Plaintiff-Respondent, v. Robert Lee STINSON, Defendant-Appellant (28 October 1986). "State V Stinson". Justia.{{cite web}}: CS1 maint: multiple names: authors list (link)
  8. ^ Flynt, Jeff (April 24, 2012). "Prisoner due in court Tuesday charged in 1984 Milwaukee murder". WSAU News.
  9. ^ "The PEOPLE of the State of California, Plaintiff and Respondent, v. Walter Edgar MARX, Defendant and Appellant". Find Law for Legal Professions.
  10. ^ a b Balko, Radley (August 23, 2017). "Federal appeals court refuses qualified immunity for bite-mark experts". The Washington Post.
  11. ^ McRoberts, Flynn (29 November 2004). "Bite-mark verdict faces new scrutiny". Chicago Tribune.
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