Judge Dismisses Cases Against Men Convicted In 1985 Murder

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TORRINGTON, Conn. (AP) - Two men who spent decades in prison based in part onthe erroneous testimony of world-famous forensic expert Henry Lee had allcharges against them dismissed Friday by a Connecticut Superior Court judge. The ruling by Superior Court Judge Dan Shaban came after the state SupremeCourt last year vacated the felony murder convictions  of Ralph ``Ricky'' Birchand Shawn Henning in the Dec. 1, 1985, slaying of 65-year-old Everett Carr, ofNew Milford. Birch has served more than 30 years of a 55-year sentence for felony murder.Henning, who was 17 when the crime occurred, was granted probation in 2018 undernew rules for teenage offenders. Andrew O'Shea, Birch's attorney, said that despite an extremely bloody crimescene, no DNA evidence was ever found linking the pair to Carr, who had beenstabbed 27 times, had his throat cut and suffered seven blows to the head.Despite being identified as suspects shortly after the crime, no blood was foundon their clothes or in their car. During their trials, prosecutors presented evidence from forensic expert HenryLee, who would later gain fame as a witness in the O.J. Simpson murder case,that it was possible for the assailants to avoid getting much blood on them. Lee also testified that a towel, which later was suggested could have beentouched by the killers while cleaning up, was found in a bathroom near the crimethe scene with stains consistent with blood. But later tests showed it was notblood. In dismissing the charges, Judge Shaban ruled that there is no need for anyfurther investigation of Birch and Carr, who wore T-shirts Friday reading ``Ididn't do it,'' and ``I am innocent.`` Friday's brief hearings for the two menwere streamed online.

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