Herbert Landry Case

Herbert Landry was convicted of first-degree aggravated arson on August 16th, 2006 in Provo, Utah. Based on people who testified against him as well as the dog handler, Landry was initially found guilty of aggravated arson. Prior to conviction, Landry had been displaced from his home in New Orleans from Hurricane Katrina. Since the hurricane, Landry then moved to Shadow Woods Apartment complex; where the fire was taken place. Landry sent his family to Texas while he lived in Utah. After saving enough money to go visit his family in Texas, he stayed there for three months. After three months of visitation, Landry’s landlord assumed he would not be living in his apartment anymore. As a result, Landry was evicted. After Landry had packed his belongings,

The dog handler identified Landry’s shoe and his sock. As evidence was sent to the lab for testing, Landry’s shoe and his sock were the only two pieces of evidence that were tested. Based on the lab results, no flammable liquids were found on the floor or on his clothing. In defense, at trial, the dog handler testified that the dog, “was more sensitive and accurate than laboratory testing equipment.” Herbert Landry was then sentenced to five years to life in prison based on evidence that a dog retrieved. Eventually, Landry was exonerated after several appeals. Thanks to Landry’s attorney, a petition was created that emphasized how poor the evidence was. Unfortunately, the petition was dismissed. Though it was initially dismissed, it was reversed by the Utah Court of Appeals. At trial, an arson expert defended Landry by testifying that the fire should have never been classified as an arson because the evidence was invalid and unreliable. Landry was then granted a new trial where his attorney explained how the evidence should not have been accepted as admissible proof of arson without legitimate laboratory