1. During cross-examination of the Serology expert, James' attorney's presented evidence that James is known as a "Non-Secretor", meaning that James' blood type does not appear in his semen (or any secretions such as sweat or tears) and that it was improbable for the evidence found on Ms. Reynolds clothing to have been James!

   The explanation used by the prosecutor was that anyone's sweat, or the victim's blood; could have changed the characteristic's of the evidence.

Ms. Reynolds did not mention anything about being raped when Mr. Thomas and his two cousins found her. Nor did she mention anything to the emergency personnel that tended to her at the store and transported her to the hospital, about being raped. None of the emergency room personnel who assessed her condition ever mentioned that Ms. Reynolds told them she had been raped.

The day James' trial began, the prosecutor... out of nowhere presented some intern doctor who claimed Ms. Reynolds told him that she was raped. In addition to rape, James was also charged with sodomy. The Trial Court dismissed that charge the day the trial began. Prosecutor's are known to "Pile On" such charges for the purpose of inflaming and shocking most juries.]

2. During cross-examination of other police investigators, it was discovered that police had arrested another suspect in the case. Through this cross-examination, it was discovered that:

In a taped interview Teresa Harris stated that just before 10 p.m., on December 30, 1984, her boyfriend Mr. Jerry Lee Porter and his tall friend Eaton, left her apartment.

Mr. Porter was wearing tan khaki pants, a white shirt and had long curly hair.

Mr. Porter returned to Ms. Harris' apartment approximately thirty (30) minutes later, stating "I have f__ked up' I got to get out of town". She stated Mr. Porter had a brown bag full of rolls of coins and some paper money. He then gave her a few twenty ($20) dollar bills before leaving...heading to another Alabama city.

Police arrested Mr. Porter as a suspect in the Austin murder on January 2, 1985. His arrest was based on a phone call from Ms. Harris and the taped interview.

Two (2) investigator's testified that Mr. Porter's arrest had been a mistake and that Ms. Harris had recanted her statement on January 8, 1985.

The investigator's stated that three (3) of Mr. Porter's friends reported that he was in a night club with them in Sylacauga (one hour away), when this crime occurred.

The investigator's testified that there was no evidence linking Mr. Porter to this crime and that none of the three (3) witnesses had ever positively identified Mr. Porter in any photo spreads or line-ups. The prosecutor stated "The Tuscaloosa Homicide Unit investigated this case thoroughly and concluded Mr. Porter had nothing to do with this crime."

THE DEFENSE'S EVIDENCE PRESENTED AT TRIAL

SONYA MCWILLIAMS:

Testified that she is the wife of James and that she, James and their daughter were visiting in a friends apartment on the night of the crime. The apartment was located within minutes of Austin's.

Sonya stated that James could not have possibly committed this crime because he was present with her and their daughter at the time it was committed. She stated that James was wearing a western style shirt (red and blue) and blue jeans that night,

Sonya testified that the next day following the crime, she and James found a card on the apartment door, asking the occupants to call the police with any information regarding the Austin's murder. Sonya stated "once we discovered the card, James and I called the number on the card; leaving my name, the apartment number, and the fact I had not seen anything".