Richey gets permission to test medical slide: Missing sample found in garage of retired pathologist

• Published in: Knight Ridder Tribune Business News p. 1
• Main Author: Janet L. Metzner, The Dominion Post, Morgantown, W.Va
• Format: Newsletter
• Language: English
• Published: Washington Tribune Content Agency LLC 22.12.2005
• Subjects: Bastress, Bob; Boyd, Carol; Convictions; Hardesty, David; Kerr, Beverly; Medical records; Privacy; Richey, Clyde; Sex crimes; State police; Subpoenas; Testing laboratories

It outlined the procedure [Clyde Richey] will follow to get it tested, including that he must provide a sample of his own DNA to compare against the slide, and he must pay for the DNA testing.Richey agreed to the order as written by WVU, and Monongalia County Magistrate Hershel Mullins approved the order Tuesday."This order puts the ball, technically, in your court," Mullins said to Richey.Richey said he considers Mullins' ruling a victory."At least I'll be able, before I die, to prove to people who care that I didn't do it," said Richey, a 70-yearold Sabraton resident.Richey thanked Mullins for denying last week WVU's request to quash Richey's subpoena.That subpoena called WVU President David C. Hardesty Jr. and WVU School of Medicine Dean John Prescott to appear in Magistrate Court with the slide and any information they had on the slide. Richey filed about five lawsuits against WVU seeking information on where the slide was, [Beverly Kerr] said.Recently, retired WVU pathologist Carol Boyd brought the slide to Kerr, Kerr said. Boyd retired in 1998. "She finds it in a box in her garage a year after I contacted her," Kerr said of Boyd. "On Oct. 13, she came to me and delivered the slide to me. This is the slide she testified about in 1995."In 1995, Boyd testified in court that the slide existed.If the slide is tested, and none of Richey's DNA is found on it, it doesn't necessarily prove his innocence, but it could be used in court to exonerate Richey of the crime, said Bob Bastress, WVU law professor.