New DNA testing performed at the request of The Innocence Project, Inc., affirmed previous guilty verdicts against Larry Roy in the 1990 capital murder of David Wayne Brown of Moody.
Attorneys for The Innocence Project, Inc., a New York based group which hopes to free the wrongfully accused through DNA testing, filed a motion for post-conviction forensic DNA testing on July 30, 2010, which allows for the testing or re-testing of physical evidence in the case. Circuit Judge James Hill ordered the Alabama Department of Forensic Sciences to perform the new DNA testing on blood stains from Roy’s elbow on April 6, 2011. Results were reported to the court June 16, 2011.
The Innocence Project, Inc., claimed that DNA testing was relatively new during Roy’s first trial in 1991, and therefore may not have been as reliable as it is today.
The group sought to re-test blood stains on Roy’s elbow shortly after the murder of Brown and attempted murder of Barbara Street, belonged to Brown, and included Street as a potential contributor to the blood stains.
“This just proves that DNA testing is a valuable and reliable tool utilized by law enforcement. You seldom hear in the media of instances where new DNA testing of evidence from old cases proves a convicted person’s guilt. It is comforting to know that in this case, the jury got it right, twice,” said Assistant District Attorney Carol Boone.
Roy had been previously tried twice: He was sentenced to death after a 1991 trial, but a 1997 re-trial saw the sentence change to life without parole. The original investigation was conducted by the Moody Police Department and the Alabama Department of Forensic Sciences.