Judge Ordered New DNA Swab in Rape Case

A judge required the defendant to provide a cheek swab after defense attorneys raised concerns over evidence handling.

Updated on Oct. 2, 2026 in Sex Crimes

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Judge Ben Brooks ordered a new DNA cheek swab for Willie Henry Ervin amid claims of evidence contamination. The motion followed defense allegations that the Prichard Police Department mismanaged forensic samples.

Why it matters

The defense is seeking to suppress DNA evidence, arguing that the chaotic state of the police evidence room and potential warrant irregularities compromised the integrity of the prosecution's case.

Willie Henry Ervin, a 50-year-old defendant, faces charges of first-degree rape and first-degree sodomy. The court is currently evaluating a defense motion to suppress evidence citing potential contamination.

The players

Willie Henry Ervin

He is a 50-year-old defendant who faces charges of first-degree rape and first-degree sodomy.

Ben Brooks

He is a judge serving in the Mobile County Circuit Court who heard testimony regarding the DNA evidence.

Prichard Police Department

This local law enforcement agency is the subject of defense allegations regarding the mishandling of forensic evidence.

The details

Defense attorneys cited photographs from the Mobile County Sheriff's Office that depict the Prichard Police Department evidence room in total disarray. They argue that this lack of oversight, combined with claims that a search warrant application was improperly altered, creates a high probability that the original DNA evidence is unreliable.

The alleged sexual assault occurred at the Star Motel in 2023.
Judge Ben Brooks heard arguments and testimony on Wednesday, September 30, 2026.
The judge issued the order for a second cheek swab on Thursday, October 1, 2026.
The trial for the defendant is currently scheduled for October 26, 2026.

Legal Context

This case follows a pattern of heightened judicial scrutiny regarding the integrity of evidence storage protocols in local law enforcement facilities. It reflects an ongoing trend where legal challenges increasingly focus on the procedural reliability of forensic chains of custody.

The revelations regarding the state of the local police evidence room may prompt increased oversight of city law enforcement procedures by local officials. Residents should monitor future court proceedings for potential impacts on case outcomes and local judicial standards.

The takeaway

The integrity of forensic evidence is fundamental to the justice system, and cases like this highlight the necessity of strict evidence room management. Legal teams rely on the chain of custody to ensure that trials are based on accurate and untainted data.