Perry Mitchell

• Alibi

● Doctor who performed rape kit testified that there was no sign of recent sexual intercourse and no “gross evidence” of trauma to vagina ● Two witnesses testified to seeing defendant immediately before the attack wearing a black cowboy hat and boots. Victim did not describe her attacker wearing either of these articles of clothing.

Defendant presented his alibi.

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

The victim was an A secretor and the defendant an O secretor, and the samples were consistent with an O secretor. After testifying that 35% population secretes O, the analyst explained that “You would probably have to also cut that by another 50% because we’re dealing with males.” When the defense pointed out that the 35% of both men an women are O secretors, and that as to the 35% that “[t]here’s no difference between men and women in that regard,” the analyst answered “In that regard but there is a difference in regard to semen.” See Part II.A.3 for a description of this invalid division.

• Cross Racial Identification
• Victim

• Photo array

No

“She went straight to it , picked it up and said this is the man that raped me. I said are you positive? She said absolutely”

No

• State Law Evidence Claim

• HE

State v. Mitchell, 336 S.E.2d 150 (S.C. 1985)