Oregon Court Overturns Murder Conviction in Ruling That Could Rewrite Forensic Evidence Standards

A 71-year-old Portland landlord, who has been in prison for the past six years, has won an appeal to overturn his second-degree murder conviction for the killing of two of his tenants.

Ruling Will Have Major Ramifications in Future Criminal Cases if Upheld by the Oregon Supreme Court

If the ruling by the Oregon Court of Appeals earlier this week is upheld by the Oregon Supreme Court, the rejection of tool marks on bullet casings to link suspects to crimes will have ramifications in future criminal cases. It will also overturn countless prior convictions.

The Oregon Court of Appeals based its ruling on a landmark court finding earlier this year that the analysis of tool marks on bullets is not scientific evidence.

Portland Landlord Stood Accused of Killing Two Tenants

Reza Mardani, a Northeast Portland landlord, stood accused of killing two tenants he believed were engaged in illicit behavior. When Mardani failed to evict a couple living in a camper van outside his home in the Cully Neighborhood in January 2019, he allegedly shot and killed George Atkeson (62), and severely wounded his girlfriend, Darlene Kelley (63), who died two years later. Mardani is also said to have killed the couple’s pet dog.

The Oregon Court of Appeals disagreed with forensic examiners, who for many years have maintained that tool marks on firearm barrels leave unique markings on shell casings that can be matched directly to crime scenes.

The Court of Appeals found that this ruling was an ‘Adam’s decision’ that lacked objective criteria, relegating tool mark analysis to art form, and not one based on science.

Presiding Judge Scott Shorr wrote in his findings that firearms identification is inadmissible as it does not meet the foundational requirements to be admitted as scientific evidence.

The Oregon Department of Justice will decide whether to appeal the ruling, and has challenged the Adams decision.

Mardani’s defense team has argued throughout that the fatal shooting was not the work of their client, but instead that of a mystery man. It is believed that Mardani will remain in the Snake River Prison while the outcome of the case is pending.