It was a horrific crime. A young girl named Christine had been abducted, raped and murdered. Christine disappeared from her home sometime in the early morning hours of May 3, 1992. Her body was found two days later in a creek about 500 yards from her home.
The prior evening the girl had been babysat by her mother’s boyfriend, a man named Brewer. The investigation focused on Brewer as he was the last person to see the girl alive and there was no sign of a forced entry into the home. A biological sample was recovered from the crime scene, but it was not considered adequate to be tested for DNA.
Brewer was charged with murder. He maintained his innocence and pled not guilty. At trial the state argued that Brewer had raped and murdered the girl in the home and had then carried her body to the creek.
On March 24, 1995, Brewer was convicted of capital murder and sexual battery. He was sentenced to death.
It appeared that the criminal justice system had worked. A serious offender had been brought to justice. There was just one problem.
They had the wrong guy.
In 2001, advanced DNA testing was able to be done on the biological sample recovered from the crime scene. The DNA analysis excluded Brewer. He had not committed the crime.
As is commonly done, the DNA profile from the 2001 analysis was compared with known DNA profiles. The profile from the analysis matched that of Justin Johnson, who was one of the original suspects in the case. Johnson later confessed to killing Christine. He further confessed to killing another young girl in 1990. Brewer’s conviction was vacated and he was finally exonerated.
It is unsettling to think that a person could be convicted of a crime they did not commit. It is even more disturbing to think that we might have executed an innocent person.
DNA testing has advanced considerably over the years. Today we can analyze biological evidence and answer questions that were mysteries just a couple of decades ago. These scientific advancements have given us a powerful investigative tool.
Technological and scientific advancements are changing the way we live. Reasonable minds may differ as to whether all of these changes are good, but I doubt that many will argue against doing a better job of convicting the guilty and protecting the innocent.
Because justice is all about getting it right.
As always, remember it is your court.
Rasmussen is a District Court Judge in the Ninth Judicial District. He is chambered in Clearwater County and works primarily in Clearwater and Hubbard Counties. His e-mail address is: paul.rasmussen@courts.state.mn.us.
