TAMPA -- A judge threw out the murder and attempted rape convictions that sent Robert DuBoise to prison for three and a half decades Monday.
Circuit judge Christopher Nash heard two hours of expert testimony about the bite mark evidence that sent Duboise to prison and the DNA evidence that cleared him.
A dentist brought on as an expert says the bite mark evidence that helped wrongfully convict Duboise of a 1983 murder, isn't even necessarily a bite mark,and can't be conclusively tied to Duboise.
Dr. Adam Freeman, a Connecticut dentist who formerly served on the board that oversaw standards for bite mark analysis, recounted several problems with the evidence. He explained that bite mark evidence was used more often after it was used to put serial killer Ted Bundy away in the 1970s. Freeman says the American Board of Forensic Odontology changed its standards in 2016. Under current guidelines, board members could not tie the bite marks to Duboise.
Freeman pointed out that police collected the bite mark impressions from Barbara Grams' face using beeswax, then used that to make a dental cast. Freeman pointed out that heat from the process would cause the beeswax to warp. He also pointed out that the bite mark photographs were captured on a low-resolution Polaroid camera.
DuBoise was freed after 37-year-old DNA evidence thought to be lost was rediscovered. DNA expert Susan Wilson told the judge that, even though the evidence is old, it can still be used if it's well-preserved. "(It) can stand the test of time," Wilson said.
Duboise thanked the judge and says his exoneration shows there are "honest people" in the criminal justice system.
A lawyer for the Innocence Project revealed that under current Florida law, Duboise is ineligible for compensation from the state, because of a conviction at age 17.
Hillsborough State Attorney Andrew Warren worked with the Innocence Project to clear DuBoise, and says his office will collaborate to review any convictions that used bite mark evidence.
Photo: Hillsborough SAO