Sun, Mar 18, 2007 - Page 18 News List

Judge others by their questions rather than by their answers

The evidence stacked against convicted murderer Carlton Gary seems irrefutable until David Rose reveals the role of race in the court's guilty decision

By Gaby Wood  /  THE GUARDIAN , LONDON

Rose, however, expertly unpicks the prosecution's line on all of this. He has hard evidence to refute it — the criminal histories of Gary's supposed co-conspirators, new forensic tests to show his semen doesn't match that found at the crime scenes, a cast of the killer's distinctive and different teeth from a bite mark on the last victim's breast, footprints several sizes smaller than Gary's feet — and he offers less tangible evidence to show how Gary might have been framed: tapes Gary claims were made of his police statement were said never to have existed yet were referred to in the margins of police files; matching fingerprints the police claimed to have found at the crime scenes were never, as was procedure, photographed in situ.

If anyone knows what he is doing in a case such as this one, it is Rose, who has made a distinguished career as a reporter of miscarriages of justice. He first went to Columbus, Georgia to write a piece for the Observer, and spent eight years working on this book, sometimes — as he points out — jeopardizing his independence as a journalist in an attempt to have a significant effect on Gary's case. He was appointed a paralegal investigator by Gary's appeal lawyers, and visited Gary on death row a number of times. These scenes — of Rose and Gary locked, according to prison regulations, in a narrow room from 9am to 3pm — are among the most evocative of the book's many jaw-dropping interviews, and one is stunning. In the absence of official permission to collect Gary's semen for a new forensic test, Rose takes it upon himself to ask for some in person, returning to his hotel with a strong-smelling package of clingfilm, which he duly allows to dry on his desk before FedExing it to a lab.

The result of all this is a dazzlingly reported, supremely elegant book of scholarly confidence. Yet at times when the discomfort level rises (Gary sends jokes and drawings to Rose's children), you can't help wondering: of all the people awaiting execution who might benefit from Rose's expertise, why does Gary deserve this special treatment?

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