SUDHIN THANAWALA, Associated Press
SAN FRANCISCO (AP) — This much is not in dispute. William Richards’ wife, Pamela, was strangled and her skull smashed in the summer of 1993. A California jury convicted Richards of the slaying after hearing now-recanted bite-mark testimony.
But California judges have disagreed about whether that change in testimony was grounds for tossing Richards’ conviction. Now, almost two decades after Richards was sentenced to 25 years to life in prison, his attorneys are hopeful a new state law inspired by his case will set him free.
The law, which took effect in January, makes it easier for a defendant to get a conviction overturned when experts recant their testimony. It prompted attorneys for the 65-year-old Richards, who has always maintained his innocence, to again ask the California Supreme Court to throw out a jury’s guilty verdict.
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Leno said that decision was wrong, and his legislation responds to it. Expert testimony should be treated no differently from eyewitness testimony: when it’s recanted, that’s strong grounds for the conviction to be overturned, he said. His bill says any opinion that an expert repudiates is false evidence. Under state law, if the false evidence is shown to be key to the person’s alleged guilt, the court has authority to overturn the conviction.
The governor signed the bill into law in September, and experts say it will likely prompt the California Supreme Court to reconsider Richards’ case.
The court is not under any deadline to make that decision, but Stiglitz said he is hopeful he will hear back by the middle of March.
“He’s spent half his adult life in prison,” Stiglitz said. “Every day counts.”
