HUNTSVILLE, Texas – A state law less than three years old is getting attention from those in the criminal justice system and prisoners sitting behind prison bars for crimes they say they did not commit.
In 2013, the Legislature passed SB 344, better known as the "junk science" law.
"I'm going to be able to get my life back because of this," George R. Powell III said at the Huntsville Prison.
It's been eight years since an armed man walked into a Killeen 7-Eleven in the 1000 block of South W.S. Young Drive, demanded money from a female clerk and fled on foot.
Powell was convicted of the crime in 2009 and sentenced to 28 years in prison.
"It's hard being inside these walls knowing that you're not supposed to be here," Powell said.
The key piece of evidence in Powell's trial was the video surveillance footage showing the robber leaving the store. Although the clerk told investigators the crook was 5 foot 6 inches tall, an expert from Florida used an imagine of the man leaving the store to determine the robber's height to be at least 6 foot 1 inch.
Powell stands 6 foot 3 inches.
"We have the power to investigate forensic sciences to determine whether they're valid or junk science," said Vincent Di Maio, the Texas Forensic Science Commission presiding officer.
The commission received a request to investigate Powell's case in 2014. Its conclusions, laid out in a 275-page report, contradict the testimony used to convict Powell.
"The importance of this report ... (is) it shows that you have to be very careful and that there are problems in this science that has to be ironed out," Di Maio said.
The TFSC presiding officer said the forensic video analysis, or the process of evaluating video for legal matters, needs to establish standards. Without them, the same junk science could affect other cases.
"The only thing that keeps me going is the fact that I know there's people out there that are sacrificing their lives and time for free to help me prove my innocence," Powell said.
The Innocence Project of Texas is preparing to file a motion to have Powell's conviction vacated.
In the meantime, Bell County District Attorney Henry Garza said via email that it's too early to say whether there will be further litigation against Powell.
TFSC reports are not admissible in court should someone be retried for a crime. Di Maio said commission members work for free and the agency has a $500,000-a-year budget.