Commonwealth of Pennsylvania, Appellee v. Barry Eli Williams, Appellant,
2011 PA Super. 275 (2011).
This is another case where the appellant, Barry Williams filed for post-conviction DNA testing to try and prove his innocence. The appellant was involved in an armed robbery, aggravated assault, and criminal conspiracy with another man. The two entered a pharmacy and the gunman, Barry Williams, wore are wig/hat. They demanded money, but the employee drew a gun and a retired police officer requested that the gunman surrender his weapon. The gunman grabbed a customer and ended up shooting said customer. The gunman fled the scene and dropped his hat/wig in a nearby playground.
On October 24th, 2000, the appellant was sentenced to 21 to 56 years’ imprisonment. Barry Williams then petitioned to appeal over the course of the next 10 years. His then petitioned for collateral relief, seeking DNA testing of hair samples found in the hat/wig discovered near the crime scene. The appellant wanted to establish the hairs found could be tested for DNA and therefore able to prove his innocence. The court ended up affirming the order of appeal and denying his appeal for post-conviction DNA testing because Barry Williams was not timely in his appeal.
Forensic Summary by Marissa Felinczak