First Name | Paul D |
Last Name | Kordonowy |
Year of Conviction | 1990 |
Year of Exoneration | 2003 |
State of Conviction | Montana |
Trial, Bench Trial, or Guilty Plea | Trial |
Type of Crime | Rape |
Death Sentence | No |
Gender of Exoneree | Male |
Race of exoneree | White |
Juvenile | No |
Type of Innocence Defense |
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Description / Quotes from Testimony Concerning Defense | ● Witnesses described that at the time the crime occurred, defendant was miles away and his car was disabled. |
Did the defendant testify at trial? | Yes |
Quotes from Exoneree Testimony | Missing transcript for defense case |
Types of evidence at trial |
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Type of Forensic Evidence |
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Types of Flawed Forensics |
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Reason why invalid | (2), (4) Invalid hair probability; failure to exclude based on unsupported selective degradation theory |
Brief Quote / Description of Testimony | The analyst testified that unknown hairs “match” Kordonowy’s, that for each there is a 1 in 100 probability of a match. The analyst then multiplied that made-up number, claiming that hairs from different parts of the body are “independent events,” and multiplied that figure to arrive at a 1 in 10,000 probability of a match. Kordonowy and the victim were both O secretors but A secretions found on swabs. Kordonowy should thus have been excluded. However, the analyst testified when asked “Q. Is there anything else that could be responsible for the presence of the A secretion?” that, “A. Yes, in this case there was a large amount of bacteria, which I noted, and it has been reported that a large amount of bacteria can give you an A Substance reading in your analysis because your ABO substances are sugars, and bacteria also produce sugars.” No such phenomenon regarding selective degradation exists. See Part I.A.2 for a discussion of this case. |
Identity of eyewitness |
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Highest level reached | Appeal |
Claims Raised During All Appeals and Postconviction |
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Harmless Error Rulings |
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Citations to judicial opinions | State v. Kordonowy, 823 P.2d 854 (Mont. 1991) |