A Mobile County judge on Monday postponed a ruling on the admissibility of key DNA evidence in the rape case against Willie Henry Ervin, 50, of Mobile. The judge said he needs testimony from police officers who were unavailable at the hearing to address the defense’s claims of gaps in the chain of custody.
Defense argues evidence may be compromised
Ervin’s public‑defender team, representing the accused, has pointed to chaotic conditions in the Prichard Police Department. They cite photographs released by Mobile County Sheriff Paul Burch showing sexual‑assault kits, firearms and other items stored haphazardly before the sheriff’s office assumed law‑enforcement duties in the city.
The defense argues that the lack of a written record showing how Officer Brian Lacey transferred evidence from the Star Motel crime scene to the Alabama Department of Forensic Sciences raises serious doubts about whether the evidence was tampered with. They have filed a written motion asking the court to throw out the DNA evidence on the basis of “rampant corruption” within the Prichard Police Department.
Prosecutors say challenges affect weight, not admissibility
Mobile County District Attorney Keith Blackwood told FOX10 News that challenges to the chain of custody typically affect how a jury weighs evidence, not whether it can be presented at trial. “We expected there to be challenges to chain of custody and other things in these cases, and we are prepared for that,” Blackwood said.
Assistant District Attorney Danni Ferris said she is researching whether an evidence log exists that would document Officer Lacey’s handling of the items. “I’m working to see if that exists,” she told the judge.
Judge sets timeline for further arguments
The judge granted the prosecution 30 days to submit additional written arguments on the custody issues and scheduled another hearing for December. He also excluded a piece of a holster from a Sig Sauer firearm that the DA’s office had conceded, noting the defense’s allegation that the item was not properly documented.
Blackwood acknowledged that chain‑of‑custody disputes arise in many cases, but emphasized that the Mobile County DA’s Office routinely deals with complex evidence issues. “There are a lot of things that we do here at the DA’s Office that are very difficult. We do them day in and day out. This is no different,” he said.
Broader concerns about Prichard Police Department
The defense’s filing also referenced a series of arrests and indictments involving Prichard officers, alleging extortion, bribery, evidence tampering and other misconduct. The filing included mugshots of seven officers who have faced criminal charges.
Blackwood expressed surprise that Officer Lacey remains on the force despite his arrest, noting that other agencies have handled similar situations differently. “Frankly, it does surprise me that he is still employed,” he said.
The upcoming testimony will focus on whether the evidence was properly logged, stored and transferred, a determination that could shape the trial’s direction. Both sides appear prepared for a continued legal battle over the integrity of the evidence.
Original reporting: FOX10 WALA Mobile (news) — read the source article.
