In Philadelphia, a bid to give a lifer, 82, another day in court

November 28, 2010|By Faye Flam, Inquirer Staff Writer
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  • DAN Z. JOHNSON / File Photograph
  • DAN Z. JOHNSON / File Photograph
  • Thomas was with his brothers for a celebration when he turned 36 in 1964, right (he's at far right), a moment captured in a picture he shared with investigator James McCloskey. Later that year, he was arrested in the rape and murder of Edith Connor. At left, Thomas after many years in prison.
  • after a federal court ordered the parole board to free him; the board had refused to do so when his sentence was commuted in 1995. Thomas stopped at an Allentown diner, left, for breakfast with lawyer Len Sosnov. A parole violation - uncompleted sex-offender therapy - sent him back to prison. At right, Thomas at work at Graterford.
  • Agnes Mallatratt in 1966, the year Louis Thomas was first convicted. A year later, she acknowledged not having forensic credentials she had claimed.
  • STEVE HELBER / Associated Press
  • JENNIFER MIDBERRY / File Photograph
  • BONNIE WELLER / File Photograph

Louis Mickens Thomas shuffled through Graterford Prison's visiting area, slowly making his way to a small private room where he could escape the din and tell his story. His tall frame is stooped, his beard grizzled, and he has to lean in close to hear. At 82, he could have been the grandfather of the other inmates who sat on rows of plastic chairs, laughing with friends and family or savoring a moment with girlfriends.

Thomas has been in prison for more than 40 years. From the start, he has maintained he is innocent. And he still wants his freedom.

His life sentence appears to be nearing its inevitable end, but a few lawyers, activists, and scientists are on an impassioned quest to free him. Their latest appeal is pending.

Story continues below.

They say his conviction - for the murder of a 12-year-old girl - was based on bad science, or perhaps even fraudulent science, carried out by a former Philadelphia crime-lab worker who was later disgraced for having claimed a college-level science background when she had never finished junior high.

Over eight years, she gave "expert" testimony in dozens of cases, including two that sent men to the electric chair.

Others familiar with the case, however, remain equally certain of Thomas' guilt.

Despite high-tech equipment unheard of in the 1960s, 21st-century forensic science still suffers from some of the problems that left so much uncertainty hanging over Thomas' conviction. Veterans of the field say that too often, investigators don't approach a crime scene objectively or evaluate evidence in a scientific way.

Bias creeps in, the experts say, when investigators and crime-lab technicians see themselves as working for just one side.

Thomas' conviction was based entirely on science - or what was considered science.

The victim, a sixth grader named Edith Connor, was last seen on a Sunday morning in late September 1964. She left on an errand to the local Laundromat and never returned.

Two days later, on a rainy afternoon, some boys found her 5-foot-2, 103-pound body in a narrow alley that ran behind her West Philadelphia home on Sloan Street near 40th Street and Girard Avenue. Her blue jeans and diamond-patterned pullover sweater were torn. Her shoes and socks were missing.

Thomas lived and worked just 50 feet away. He was separated from his wife, was new to the area, and had several assault arrests on his record.

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