Lower federal courts have considered DNA evidence sufficient to meet the Schlup standard. See, e.g., Floyd, 894 F.3d 143; Williams v. Brown, 208 F.Supp.3d 713, 738 (E. D. Va. 2016). And the new DNA evidence here is stronger than the new evidence of innocence presented in Schlup, which was solely affidavits.
Agent McCrary has testified before select Senate Committees on Sexual Violence in New York State and Massachusetts. Courts have admitted Agent McCrary as a police practices expert in both federal and state cases. See, e.g., Jimenez v. City of Chicago, 732 F.3d 710 (7th Cir. 2013); Williams v. Brown, 208 F. Supp. 3d 713 (E.D. Va. 2016); Tennessee v. Stevens, 78 S.W.3d 817 (Tenn. 2002). In assessing Agent McCrary's expertise, the Court of Appeals of Ohio explained:
We also acknowledge the United States District Court’s finding that "Ford has a proven history of eliciting false confessions; he had previously been demoted for securing a series of false confessions." Williams v. Brown, 208 F. Supp. 3d 713, 735 (E.D. Va. 2016). We in no way condone or excuse Ford’s deplorable conduct in those cases.