A Michigan prisoner has achieved a rare legal victory, overturning his burglary conviction in a case where the only evidence against him was his DNA found on a soda bottle at the crime scene. Gregory Tucker, 65, managed to convince a federal judge to dismiss the charges by representing himself in an appeal, a feat that legal experts say is exceptionally difficult.
Challenging the Evidence
In 2016, Tucker was convicted of breaking into a beauty shop in Ferndale, a suburb of Detroit. The shop reported the theft of $10,000 worth of supplies, including a television, computer, and wall clock. Tucker became the prime suspect after his DNA was discovered on a Coke bottle found at the scene. Despite the lack of other incriminating evidence, Tucker was convicted and sentenced to prison.
Tucker, however, did not give up. Acting as his own attorney, he filed a habeas corpus appeal—a last-ditch effort to challenge his conviction in federal court. In his appeal, Tucker argued that DNA evidence alone was insufficient to prove his involvement in the burglary, citing U.S. Supreme Court rulings that emphasize the need for corroborative evidence.
Judge Rules in Tucker’s Favor
U.S. District Judge David Lawson agreed with Tucker, ruling that the evidence presented during the trial was too weak to justify his conviction. In his August 1 decision, Lawson wrote, “Any inference that (Tucker) must have deposited his DNA on the bottle during the course of the burglary was pure speculation unsupported by any positive proof in the record.”
This ruling effectively nullified the burglary conviction against Tucker, marking a significant victory for the prisoner. Anne Yantus, a veteran attorney with 30 years of experience at the State Appellate Defender Office, praised Tucker’s legal acumen. “I’m just impressed that this is a man who had enough confidence in himself and his legal skills to represent himself with a habeas claim,” Yantus said.
Tucker’s Reaction and Future
Speaking from prison, Tucker expressed his relief and surprise at the ruling. “I’m overwhelmed,” he told The Associated Press. Tucker speculated that his DNA could have ended up on the bottle through a variety of innocent means, noting Michigan’s 10-cent deposit law that encourages people to collect and recycle bottles.
Despite his legal victory, Tucker remains incarcerated for a separate conviction. His release is contingent upon a decision by the parole board.
