Heather Cobun//Daily Record Legal Affairs Writer//May 11, 2016
A Baltimore man who has been in jail since 1998 for the murder of a 16-year-old girl was released Wednesday after prosecutors announced new DNA evidence exonerated him.
Malcolm Jabbar Bryant was 23 when he was charged with the murder of Toni Bullock, who was fatally stabbed Nov. 20, 1998.
“On behalf of the criminal justice system, I’d like to apologize to Malcolm Bryant and his family,” Baltimore City State’s Attorney Marilyn J. Mosby told reporters Wednesday after Bryant was freed.
Bryant was convicted of first-degree murder and sentenced to life in prison plus 10 years. He was
identified in a photo array by Bullock’s friend, who was with her when she was assaulted by the killer but managed to escape.
Male DNA not belonging to Bryant was found on Bullock’s shirt near the wound and on her fingernail clippings, Assistant State’s Attorney Lauren Lipscomb said Wednesday afternoon in Baltimore City Circuit Court. A DNA report was received by the Baltimore City State’s Attorney’s Office in January, along with a motion for a new trial by Michele Nethercott, director of the Innocence Project Clinic at University of Baltimore School of Law.
Nethercott has worked on Bryant’s case for eight years and said previous administrations were unwilling to support new DNA testing. But she expressed gratitude to Mosby and her staff for their willingness to investigate rather than reflexively defending a conviction.
Prosecutors reopened the investigation into Bullock’s murder and re-interviewed witnesses, experts and others involved in the case, according to Lipscomb.
“We have concluded that the only reasonable explanation for the DNA is that it is in fact the killer’s DNA [located on the victim] and it does not match Malcolm Bryant’s DNA,” Lipscomb told Baltimore City Circuit Judge Charles Peters.
Peters granted the defense’s motion for a new trial, allowing Lipscomb to call Bryant’s case for trial and dismiss the charges.
Bryant appeared in court but did not speak to reporters. He appeared teary-eyed while being led out for processing after Peters dismissed the charges and made eye contact with his family.
Bryant’s family declined to speak with reporters following the hearing.
Mosby said Bullock’s family did not have to support Bryant’s release but has been understanding.
“They’ve chosen to embrace today’s outcome with an open mind and an open heart,” she said.
Nethercott expressed her condolences to Bullock’s family, acknowledging Bryant’s exoneration reopens old wounds.
“We had no intention of causing pain by bringing about this re-investigation,” she said.
Bullock’s family did not attend the hearing or the press conference.
Investigators have not found a match for the DNA, and Police Commissioner Kevin Davis told reporters Bullock’s case is active once again.
“There’s no statute of limitations on murder,” he said.
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