State v. Richard Bryan Kussmaul

Citation: Not availableDocket: 10-14-00333-CR

Court: Court of Appeals of Texas; May 14, 2015; Texas; State Appellate Court

Original Court Document: View Document

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In the appellate case before the Tenth Court of Appeals, the State of Texas appeals a trial court ruling under TEX. CODE CRIM. PRO. ANN. Art. 64.04, which found it reasonably probable that James Long, Michael Shelton, James Pitts, Jr., and Richard Bryan Kussmaul would not have been convicted if DNA test results had been available during their original trials. The case stemmed from a 1992 double homicide involving Leslie Murphy and Stephen Neighbors, with evidence indicating Murphy had been sexually assaulted. Long, Shelton, and Pitts, Jr. were sentenced to twenty years for sexual assault after testifying against Kussmaul, who received a life sentence for capital murder.

In 2012, the defendants sought DNA testing, recanting their trial testimonies and alleging coercion. The trial court granted the motions, revealing DNA from unknown males on various evidence, excluding all four defendants as contributors. Key findings included DNA from a cutting of Murphy’s jeans and vaginal swabs, as well as hair from the victims that did not match the defendants' profiles. The court concluded that it was improbable for the defendants to have committed the assault without leaving DNA evidence, and the presence of a Negroid hair suggested a different assailant. The trial court's findings were affirmed on appeal.

DNA testing conducted under Chapter 64 has revealed results that are both more comprehensive and reliable than those available during the initial convictions. The presence of DNA from two unidentified males, along with the exclusion of Long, Shelton, Pitts, Jr., and Kussmaul, suggests a reasonable probability that these unidentified individuals, rather than the convicted parties, were responsible for the sexual assault and murders of Murphy and Neighbors. Had this DNA evidence been available at the time of the original trial, it is likely that Long, Shelton, and Pitts, Jr. would not have been convicted of the sexual assault, nor would Kussmaul have been convicted of capital murder.

The State is appealing the trial court's determination that the new DNA findings would have affected the convictions. Under Texas law, a convicted individual may seek forensic DNA testing on biological evidence. If granted, the trial court must then hold a hearing to assess whether the new evidence would have likely led to a different verdict. The appellate court reviews these findings with deference to the trial judge's credibility assessments but applies a de novo standard to other legal questions.

The inquiry into the likelihood of conviction differs from questions of actual innocence. A favorable DNA result must raise doubt about the validity of the conviction; mere evidence that complicates the case is insufficient. In this appeal, the State contends that the trial court mistakenly concluded that it was probable the convictions would not have occurred had the DNA results been presented at trial, particularly since Long, Shelton, and Pitts, Jr. had pled guilty before the trial judge, who also presided over the Chapter 64 hearing. The judge's decision hinged on whether he would have accepted the guilty pleas had the DNA evidence been available.

In 1993, DQ-alpha testing on evidence excluded all four defendants as contributors. Following a 2012 trial court order, Y-STR testing was conducted, which is more sensitive and discriminative than DQ-alpha testing. This Y-STR testing also excluded the defendants but identified DNA from two unknown males, found on the victim's jeans, undergarments, and vaginal swabs, information not available during the original trial. The trial court concluded that it was reasonably probable that defendants Long, Shelton, and Pitts, Jr. would not have been convicted had the DNA evidence been presented at trial. Kussmaul, convicted of capital murder and linked to the case through the testimony of Long, Shelton, and Pitts, Jr. (who later recanted their confessions), was also excluded as a contributor by the Y-STR testing. The court found no DNA evidence matching Kussmaul among the tested items. Ultimately, the court affirmed that it was reasonably probable Kussmaul would not have been convicted if the DNA results had been available, overruling the appeal issue in each cause number and affirming the trial court's findings.