Legal Case

Melvin is serving a life without parole sentence for a capital murder conviction in January 2001. Melvin was convicted when he was 30 years old, and has been incarcerated for 25 years. He maintains his innocence.

Melvin was initially charged with the March 1999 murder of Andre Horton with the claim that the cause of death was asphyxiation; prosecutors later changed the indictment to murder by gunshot.

Melvin, Horton, Jevon Roberts, and the initial co-defendant Fred Batts are alleged to have met up in a home, where some kind of drug deal was happening. Horton was believed to be some kind of informant, and was killed with a gunshot to the head.

Melvin was charged with capital murder, but the case is rife with conflicting accounts, inconsistent evidence and egregious prosecutorial misconduct.

THE EVENT

  • Melvin Ray was convicted based on the testimony of a co-defendant. Both prosecutors said that the co-defendant had made a deal with prosecutors for a reduced sentence in exchange for testifying, but the co-defendant himself denied it on the stand, perjuring himself. But Melvin Ray’s criminal defense attorney never objected to this or asked questions to bring this out on cross-examination.
  • The co-defendant testified that Melvin Ray owned two guns, a 9-millimeter and a .357 handgun. 
  • At trial, the state argued that the victim died from a 9-millimeter gunshot. 
  • A ballistics memorandum that Melvin Ray only obtained after his criminal trial showed that the victim was shot with a .380 caliber weapon. The state failed to produce this ballistics memorandum before or during Melvin Ray’s criminal trial. The state also failed to disclose that a gun holster potentially associated with this third weapon, the .380 caliber weapon, was discovered at the scene.
  • There were two different autopsy reports completed. The first autopsy report, authored by a Dr. Pustilnik, stated that the victim died from asphyxiation. Eighteen months later, the state exhumed the victim’s body and then performed a second autopsy. The second autopsy report, authored by Dr. J.C. Downs, stated that the victim died from a gunshot wound. Neither of the two autopsy reports was ever produced at either the first or second criminal trials. Dr. Pustilnik never appeared to testify at either the first or second criminal trials. Dr. Downs testified at the second trial, even though his autopsy report was not produced. 
  • A bulletproof vest was found at the crime scene house and the state claimed that blood was found on the vest that belonged to Melvin Ray.
  • Fred Betts testified that the bulletproof vest belonged to Melvin Ray, but the vest was never produced at trial. Forensic experts who claimed to have tested the vest never appeared at trial and never said where blood was found on the vest. A photograph was produced of the vest on top of the stove inside the crime scene house, but no photograph was produced showing where the vest was allegedly found at the crime scene, in a different part of the house. 
  • Fred Betts said that the bulletproof vest belonged to Melvin Ray. But Melvin Ray later found a serial number for the vest. The vest used to belong to the Alabama State Troopers. Fred Betts used to work at a State Trooper salvage yard while he was housed at Red Eagle work release center.
  • There are also discrepancies in the timeline of events that allegedly placed Melvin Ray at the crime scene house. Fred Betts testified that he drove to Melvin Ray’s house in a white rental car. Fred Betts then said that he got into Melvin Ray’s car, a gray Lexus, and Melvin Ray got into Fred Betts’ car with the victim. Fred Betts said that he then drove to the crime scene in Melvin Ray’s car, the gray Lexus, and Melvin Ray arrived fifteen minutes later in Fred Bett’s car, the white rental car. A witness, Johann Melusi, said that she saw a white car pull up and two people got out of the car. When she was asked if she saw any other cars pull up at the house, she said no. She called the police. The police who responded also said that they did not see another car, besides the white car, in the vicinity of the crime scene house.