Arthur attorney wants evidence tested

MONTGOMERY -- The appellate attorney for convicted death row inmate Tommy Arthur wants access to 24-year-old evidence for DNA testing that she says could cast doubt on testimony that helped convict him.

Arthur's attorney Suhana Han said Thursday she wants to test evidence from the 1982 Troy Wicker murder scene in an attempt to prove Arthur didn't kill Wicker.

The evidence could include semen, blood or hair in the clothing of Wicker's widow, Judy Wicker, or on other objects. Evidence also could include Arthur's clothing and an Afro wig found in Arthur's possession.

Judy Wicker first claimed that she was attacked and raped by a black man who killed her husband.

Three juries convicted Arthur, 64. He lost an appeal in federal court and could face an execution date in about a year.

Judy Wicker, also convicted in Wicker's shooting death, later testified against Arthur, who had been her lover. Her testimony in exchange for a release from prison led to Arthur's 1991 conviction and his death sentence.

He was convicted on circumstantial evidence instead of direct evidence that would link him to the crime scene. DNA testing wasn't available in 1982 or widely used in 1991.

Han said she previously asked a federal judge for the evidence but when a federal circuit court turned down Arthur's timeliness appeal, the request for access to evidence also was turned down.

DNA testing, if it doesn't link Arthur to the crime scene, could cast doubt on Judy Wicker's testimony, Han said. "We will pursue that avenue because we believe it critically important to have the physical evidence,'' she said.

Attorney General Troy King reacted to Han's request.

"As a matter of policy, my office never opposes a post-conviction request for DNA testing if it was not available at the time of the trial, and if the request is supported by a reasonable assumption that the test would prove conclusively that the defendant is factually innocent,'' King said in a statement.

Han said the law doesn't require proof that DNA testing would prove someone's innocence. "It defeats the purpose of discovery,'' she said.

The location or existence of Wicker crime scene or trial evidence couldn't immediately be determined.

Colbert County District Attorney Bryce Graham and Alabama's attorney general's office said they weren't sure whether it exists.

Retired District Attorney Gary Alverson couldn't be reached for comment. Alverson inherited the case from former Colbert County DA J.A. Patton, who said he wasn't sure whether evidence exists.

Colbert County Circuit Clerk Phillip Bowling said he wasn't immediately sure whether it exists. It can be discarded, he said.

"We're like a lot of counties and don't really have space or anywhere secure to keep it,'' Bowling said.

Arthur claimed he was not at the crime scene.

Prosecutors and assistant Attorney General Clay Crenshaw said Arthur had a chance to present alibi witnesses during his trials but didn't.

When asked whether she was simply trying to keep Arthur from his date with death, Han said every defendant is guaranteed a fair trial, which includes adequate legal representation. Arthur appealed his case to federal court based partly on his contention he didn't have adequate legal help.

Dana Beyerle can be reached at (334) 264-6605 or dtb123@aol.com.