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  Philip Workman's trial has been a bullet's trial. Philip Workman's sentence has been a choose between first or second degree murder. His innocence has never been mentioned. During opening arguments, prosecutor Eddie Peterson told jurors: "you will hold in your hands the bullet that killed Lt Oliver". This was his only argument, as FBI experts did admit there were no trace of blood, human tisue or any other evidence linking Philip Workman to the crime. Bad luck for the defendant, his attorney never questioned that central allegation. We know, now, thanks to two well-known pathologists hired by the current defense team that the bullet which killed Olivier couldn't be a .45 caliber hollow-point bullet coming from Workman's gun. In an analysis prepared for the defense lawyers and obtained by NewsChannel 5, Dr Wecht concludes: "Therefore, based on the path that the bullet took, the fact that the bullet excited the body, and the fact that Mr Workman was using a .45 caliber pistol loaded with aluminium jacketed, hollow-point bullets, I do not believe that it was Mr Workman's gun that fired the shot that fatally wounded Officer Oliver." Dr Sperry, who works for the Georgia Bureau of Investigation, also notes that "every wound I viewed indicated that the .45 silver tip hollow-point bullet expanded upon entering the human body involved. In approximatively 90% of the wounds I viewed, the .45 silver tip hollow-point bullet did not exit the human body it entered." He concludes that Lt Oliver's wounds "are inconsistent with every woundI have seen created by a .45 silver tip hollow-point bullet." The pathologist who performed the autopsy testified that the bullet "passed through the left lung, through the diaphragm again, through the heart, through the right lung, excited the right chest in the back." No bullet or bullet fragments were recovered from Oliver's body. But Don Strother, a former Shelby County prosecutor who helped put Workman on Dath Row, argued that "the bullet may have struck something, and only a fragment of the bullet excited the body", trying to explain with poor arguments the smaller wound in the right chest. The Court of Appeals did in fact reject the Strother's theory, stating that "If a .45 caliber hoolw-point bullet had gone all the way through Lt Oliver's chest and emerged in one piece, we have no doubt that the exit wound would have been larger than the entry wound." The judges also began speculating that the bullet might have fragmented inside Oliver's body, thus explaining the smaller exit wound. But when Workman's lawyers pointed out trial testimony, the judges withdrew most of their arguments about the fragmenting bullet. "Essentially, tehy are saying that Philip Workman is innocent", said Workman lawyer Jefferson Dorsey. Still, the 6th Circuit refused to order a hearing on the ballistic isssues In fact they had nothing. Nothing until Harold Davis sprung from nowhere. Go to: Harold Davis' testimony and recantation |
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