Raymond was only 16 years old when he was incarcerated.
His friends were 14 and 17 years old at the time they were coerced by the county police to testify against him.
The Trial
The State used two key pieces of evidence.
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Gunshot Residue Test
Raymond was convicted partly on the basis of a faulty gunshot residue test which is no longer in use by the FBI and has been discredited by the scientific community due to a significant number of false positives.
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Juvenile Witness Testimony
Two of Raymond’s friends, age 14 and 17, testified against him. They have both since recanted, indicating that the police coerced and threatened them with jail time if they did not testify against Raymond.
Gunshot Residue Test
The Atomic Absorption gunshot residue test used to convict Raymond back in 1995 detected 2 elements, barium and antimony, on Raymond’s non-dominant hand. However, this test is notorious for false positives and is no longer in use.
Highly Transferrable
Barium and Antimony are heavy elements, and can stay on surfaces for a long period of time. Numerous studies found that these heavy elements are frequently found in police cars and interrogation rooms. It is very possible that Raymond picked up these elements while in the police car or while in the interrogation room, which would also explain why the elements were only found on his non-dominant hand.
Naturally Occurring
Barium and antimony are also found on various items, and can be picked up in situations completely unrelated to crime. Most notable, they can be found on brake pads, and since Raymond was working on his moped just prior to the shooting, it is very possible that he picked up these elements while working on his motorized scooter. While scientific advancements have produced tests that can better differentiate between the source of the elements, the AA test in use back in 1994 could not.
AA testing is highly problematic. Yet, the courts have not considered scientific advances indicating this fact as “newly discovered” evidence, and have therefore refused to consider Raymond’s request for a new trial.
Other Sources
Several investigators have conducted research on the inadequacies of gunshot residue testing including the Wrongful Conviction Junk Science podcast. Listen to the podcast to learn more about how inaccurate gunshot residue testing has resulted in various wrongful convictions.
Juvenile Witness Testimony
Courts have been aware of the concerns surrounding juvenile testimony for years. Raymond’s friends were subject to highly coercive conditions that could elicit false testimony from almost anyone.
Picked Up by the Police Multiple Times.
During the trial, it was clear that neither boy wanted to testify against Raymond. Despite being subpoenaed, they never appeared, and the police on multiple occasions picked the children up from their homes without warning to bring them down to the police station/courthouse.
Questioned Without their Guardians Present.
The children were forcibly taken down to the police station without speaking to their parents first. They were not allowed to call their parents once at the station, and were told that if they did not speak to the police, they would be held at the station.
Threatened.
Worst of all, both juveniles were told that if they did not testify against Raymond, they would be charged with the crime.
Both boys, now men, have admitted that they testified against Raymond because they were scared. Scared of being charged with a crime they had nothing to do with. Scared of going to jail. Scared that what happened to Raymond could happen to them.
Both still fear reprisal if they involve themselves with Raymond’s exoneration effort.
