Holmes V. South Carolina - Background

Background

In 1989, an 86 year-old woman was beaten, raped, and robbed in her home in South Carolina, and died the following year of complications stemming from her injuries. After a four day jury trial in York County Circuit Court in 1993, Bobby Lee Holmes was convicted of the crime and sentenced to death. The South Carolina Supreme Court affirmed his convictions and sentence, and the U.S. Supreme Court denied certiorari. Holmes was granted a new trial, however, upon state postconviction review.

At the second trial, the prosecution relied heavily on forensic evidence that Holmes' palm print and fibers consistent with his clothing were found at the scene, that the victim's DNA was found in Holmes' underwear and her blood was found on his tank top. The prosecution also introduced evidence that Holmes had been seen near the victim's home within an hour of when the prosecutor believed the attack took place.

As a major part of his defense, Holmes presented expert witnesses who claimed that the forensic evidence was contaminated by poor handling procedures, and that the palm print was planted by police who Holmes asserted were trying to frame him. Holmes also tried to introduce proof that another man, Jimmy McCaw White, had actually attacked the victim. At a pretrial hearing, Holmes had presented several witnesses who placed White in the victim's neighborhood on the morning of the attack, and four other witnesses who testified that White had admitted to committing the crime, or at least acknowledged that Holmes was innocent. White testified at the pretrial hearing and denied making the incriminating statements. He also provided an alibi for the time of the crime, but this was refuted by another witness.

The trial court excluded Holmes' third-party guilt evidence based on State v. Gregory, 16 S.E.2d 532 (S.C. 1941), in which the South Carolina Supreme Court had held that such evidence is only admissible if it "raises a reasonable inference or presumption as to own innocence." Holmes was subsequently convicted again. On appeal, the South Carolina Supreme Court affirmed the conviction, citing to both Gregory and its later decision in State v. Gay 541 S.E.2d 541 (S.C. 2001). The State Supreme Court held that "where there is strong evidence of an appellant's guilt, especially where there is strong forensic evidence, the proffered evidence about a third party's alleged guilt does not raise a reasonable inference as to the appellant's own innocence." Applying this standard, the court held that petitioner could not "overcome the forensic evidence against him to raise a reasonable inference of his own innocence." The U.S. Supreme Court granted certiorari.