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American Morning
Investigation Continues Into Oklahoma Police Chemist's Past Testimonies
Aired May 01, 2001 - 11:04 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: The execution of Oklahoma death row inmate Marilyn Plantz is scheduled to go on as planned tonight, despite a connection to a police chemist who is now under investigation. The chemist, who works for the Oklahoma City police department and testified against Plantz. Now, the chemist is accused of misidentifying evidence and giving improper testimony in other, unrelated cases.
Let's get the latest in the story from our national correspondent Bob Franken, who is in Oklahoma City today.
Bob, good morning, again.
BOB FRANKEN, CNN CORRESPONDENT (voice-over): Good morning, Daryn, and the Plantz execution is considered just a peripheral part of his case since, as you pointed out, she has acknowledged that she was guilty of the murder.
But we're talking about now a case-by-case review that might encompass as many as 3,000 cases, could take well over a year in a story that has resulted sometimes in the death penalty being given and sometimes in execution.
(BEGIN VIDEOTAPE)
JAMES FOWLER, FATHER OF EXECUTED CONVICT: You know, to sit from and watch your son be killed.
FRANKEN (voice-over): Jim Fowler's son was executed after being convicted in 1986 for committing a triple murder. Mark Fowler claimed to his death that while he was part of a robbery, he was not in the room when three store clerks were killed by his accomplice. But Oklahoma City police forensic expert Joyce Gilchrist testified she believed scientific evidence suggested otherwise.
On January 23rd of this year, at 9:07 p.m., Jim Fowler watched as his son executed at state prison.
FOWLER: That's tough. Fifteen years is a long time to go through this, and many other people have gone through it, too. Don't get me wrong. I'm not the only one. Many people walked this terrible mile. FRANKEN: But now, the FBI and state officials are investigating Gilchrist, who has been with the Oklahoma police department for 21 years. According to a leaked FBI report, her expert testimony often went beyond the acceptable limits of forensic science. Altogether, 10 executions have resulted from cases in which she testified; 13 other defendants wait on death row.
Governor Frank Keating is ordering thorough investigation of thousands of Gilchrist cases.
GOV. FRANK KEATING (R), OKLAHOMA: Every capital case that she touched needs to be thoroughly examined, and every non-capital case needs to be thoroughly examined.
FRANKEN: But the focus is on the ones carrying the death penalty.
(on camera): Gilchrist on paid leave and unavailable for comment. State officials insist there is no way that anyone was put to death wrongfully.
(voice-over): Marilyn Plantz is scheduled to be executed for conspiring to kill her husband. While Gilchrist testified in her case, Plantz now admits to the crime.
DAVID PRATER, ASSISTANT DISTRICT ATTORNEY: Those convictions and those death penalties that had been carried out were not, in the DA's opinion, based on this chemist's analysis of any evidence in the case.
UNIDENTIFIED MALE: Well, that's way premature at this point in time.
FRANKEN: The groups who have forced this issue say a complete analysis is needed. Gilchrist's work has been questioned in the past. In 1999, a federal judge called her testimony in one murder case untrue and misleading. Mark Fowler's father believes that Gilchrist was trying to please overzealous police and prosecutors.
FOWLER: If she did these things the way I think that they were done, just to get a conviction, she had better start making her peace with God because he has got some plans for her, I'm sure.
FRANKEN: Gilchrist lawyer says she will be vindicated.
(END VIDEOTAPE)
FRANKEN: Now, there has been another report, another memorandum that has been leaked. Local media this morning reporting on a memo that was sent to the police chief to the captain who supervises Gilchrist saying that she should be removed from the job, she is guilty of mismanagement. Neither Gilchrist or her lawyer has made any comment -- Daryn.
KAGAN: Well, Bob, while this investigation goes on into these different cases, has Oklahoma then put a moratorium on death penalty executions? FRANKEN: As a matter of fact, there have been calls from those who oppose the death penalty for Governor Frank Keating to do just that. He, who is somebody who very publicly supports the death penalty, he says he won't do a blanket moratorium, that he considers each individual case it's own moratorium -- Daryn.
KAGAN: All right, Bob Franken in Oklahoma City. Thank you.
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