03/13/2003

By Jason Whitely / 11 News

AUSTIN -- Josiah Sutton’s first steps of freedom got a lot of attention in Houston on Wednesday, even more in Austin on Thursday.

The 21-year-old served four-and-a-half years in prison after the Houston Police Crime Lab mistakenly pinpointed him as a rapist.

Turns out, it may not be an isolated case.

“There’s no excuse for it. It needs to be fixed," said State Representative Kevin Bailey. "The local officials have not, in my view, taken it seriously and have not acted quickly enough to fix it. So we’re going to have to intervene and be involved in that. “

Two new bills and a resolution were introduced in a Texas House committee, forcing all public crime labs to be accredited, and asking the Department of Justice and the FBI to independently investigate Houston’s mistakes over the last decade.

“We are disappointed, too, in the crime lab," said Harris County prosecutor Marie Munier. "We are disappointed our convictions and our integrity is coming under fire. That’s uncomfortable for us. We take an oath to see justice is done. We don’t take an oath to convict people.”

The Harris County District Attorney’s office now says the number of convictions in question has risen from 25 to more than 30 and prosecutors predict the number will likely grow.

“I could see it reaching 100,” said Munier.

In addition to trying to get these two new laws passed, committee members wonder if existing laws have been broken.

“To the extent that it rises to the level that people willfully chose to go in the court and testify falsely I think they ought to be prosecuted,” said State Representative Harold Dutton.

With Josiah Sutton already free, no one knows how many more inmates will be released or if police will ever catch the real criminals.

In the coming weeks, the Texas Legislature will consider the new proposals aimed at standardizing public crime labs. It’s unclear when or if the federal government will open its own investigation.