Judge delays ruling on Prichard rape case evidence until December hearing

Judge Brooks in Mobile County withheld a decision on disputed DNA evidence in a Prichard rape case on Monday, citing the absence of key police officers from the courtroom. The judge requested testimony from these officers before determining whether to exclude the physical evidence from the trial of Willie Henry Ervin. The defense argued that the evidence should be thrown out due to chaotic conditions within the Prichard Police Department.

Ervin, 50, of Mobile, stands accused of raping a woman at the Star Motel on Bessemer Avenue in 2023. Police reported at the time that the victim identified Ervin from a photo lineup. The Mobile County Public Defender’s Office, representing Ervin, initially cited images released by Mobile County Sheriff Paul Burchd. Those pictures showed sexual assault kits and firearms stored haphazardly in the department’s evidence room before the Sheriff’s Office assumed law enforcement duties in the city.

Defense lawyers have since strengthened their argument by pointing to specific gaps in the chain of custody records. They told the judge Monday that these gaps suggest some evidence may have been tampered with. Ervin’s attorneys stated there is no written record showing how then-Officer Brian Lacey took possession of evidence from the motel room. Lacey delivered that evidence to the Alabama Department of Forensic Sciences to be tested against a DNA sample from the defendant.

Lacey has since pleaded guilty to an unrelated third-degree assault charge. Assistant District Attorney Danni Ferris told the judge she is researching whether a written record of Lacey’s actions exists. “I’m working to see if that exists,” Ferris said. Judge Brooks responded that the evidence log would be important to his decision. The judge also excluded one piece of evidence, a holster fragment from a Sig Sauer firearm found in the room, after the prosecution conceded it was not properly documented.

Mobile County District Attorney Keith Blackwood noted that chain of custody challenges are a common consequence of the well-publicized problems inside the Prichard Police Department. Blackwood told FOX10 News that these issues typically affect the weight a jury gives the evidence rather than its admissibility. “We expected there to be challenges to chain of custody and other things in these cases, and we are prepared for that,” Blackwood said.

In a written filing, Ervin’s lawyers described “rampant corruption” within the Prichard Police Department. The filing included mug shots of seven officers who have been arrested, with at least five already indicted. The attorneys listed extortion, bribery, and tampering with evidence as defining characteristics of the department in public perception. They included a news story regarding Lacey’s arrest, quoting Blackwood on his surprise that Lacey remained employed after his arrest.

The defense maintains that even if prosecutors can establish the chain of custody through circumstantial evidence, the evidence should still be barred from trial. Ferris stated she is not inclined to call Lacey as a witness but believes she can prove the chain of custody without him. The judge has given the prosecution 30 days to submit additional written arguments on the remaining issues.

A second hearing is scheduled for December. Blackwood acknowledged that while the specific issues in this case are distinct, his office handles difficult evidentiary challenges daily. “There are a lot of things that we do here at the DA’s Office that are very difficult. We do them day in and day out. This is no different,” Blackwood said.