Larry Fuller

• Alibi

● Defendant’s live-in girlfriend testified that she did not hear him leave their water-bed at any time between one-thirty and seven o’clock when the crime occurred. ● Victim could not describe defendant’s facial hair.

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

The victim was an O nonsecretor and Fuller an AB nonsecretor. The rape kit sample exhibited substances consistent with a Type O. “A. The individual who left the seminal fluid could have been a nonsecretor, which is consistent with Mr. Fuller, yes.Q. And that’s twenty percent of the population? A. That’s correct.” The analyst never explained that Fuller was excluded, as was the victim, since neither secretes any blood group substances in their body fluids.

• Cross Racial Identification
• Victim

• Photo array

Yes ● Suggestive Remarks ● Defendant’s photo only one repeated in two arrays ● Victim not told attacker might not be in line-up

Officer told victim that second photo had been taken the morning of the identification, that it was taken at Fuller’s house, and that he had previously been imprisoned for armed robbery. The victim described that the officer “just asked me to look at the pictures.”

Yes ● Initially uncertain ● Discrepancies in description – facial hair, age

Initially told officer that the photo looked a lot like the attacker, but “I said that I felt funny identifying somebody from an old picture, and I would like to see a more current picture.” Victim testified “I had told the police that I didn’t remember any facial hair.” She blocked out the goatee in the photo with her finger and then identified him. Described attacker as “somewhere in his 20’s,” while Fuller was 32.