Scent Sample Led to Arrest in Rapist Case, Also Lawsuit

A cleared suspect in the Twilight Rapist case is suing over what he claims was faulty evidence used to keep him in jail for two months. The man claims human error caused bloodhounds from the Fort Bend County Sheriff's Office to match him to a crime scene.

A Yoakum Police Investigator, Fort Bend County and a Fort Bend County Sheriff's Deputy are named in the suit, filed by Calvin Miller.

In late January of last year, the community of Yoakum was shocked when a 65 year-old woman paid an intruder thousands so he wouldn't rape her.

The next month, Yoakum Police asked Miller, a convicted felon, to meet them at the Police Station. Miller took his attorney.

At the station, Investigator Collin Campbell swiped a gauze pad on Miller's hand, without Miller's consent, then told Miller he could leave.

Eleven days later, a 79-year-old Yoakum woman was raped on her way to mass. Investigator Campbell asked Miller's attorney for a DNA sample. Miller refused and Campbell traveled to Fort Bend County to use the gauze pad he said he touched Miller with, in a scent lineup.

Campbell said three bloodhounds on three separate tests matched Miller's scent to the scent on the victim's bedspread.

According to court documents, in a probable cause statement to a judge that day, Campbell told a judge both victims described their attacker as a soft-spoken black man.

Campbell said after the first incident, "a local citizen approached Affiant and informed me that Calvin Lee Miller had been buying a lot of cocaine with cash recently. Affiant has spoken to Calvin Miller in the past and has personal knowledge that Calvin Lee Miller is a tall soft spoken black male and is alleged to use cocaine. Based on the similarities of the description and the fact that Calvin Lee Miller is unemployed and was spending cash for drugs, we asked Calvin Miller to come to the Yoakum Police Department to speak with us. On February 16, 2009 Calvin Miller arrived at the police department with an attorney. At that time Affiant shook Calvin Lee Miller's hand while holding a gauze strip. The gauze strip was used to puck up Calvin Lee Miller's scent."

A judge authorized an arrest and Miller was picked up on March 4, 2009. On March 9, a Lavaca County Magistrate issued a search warrant for a DNA sample from Miller.

April 2, Campbell was notified by the DPS Crime Lab that Miller's DNA sample excluded him from samples taken from the rape victim. Miller remained in jail accused of the first robbery.

On May 1, Miller took part in a jail house lineup, but was not identified by eyewitnesses. May 5, Miller was released.

Now Campbell is not only trying to catch a serial rapist, but defend his name in court. Also named in the lawsuit is Fort Bend County and Fort Bend County Deputy Keith Pikett who manages the bloodhounds.

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