Prosecutors Still Opposing DNA Access for Prisoners Despite New Laws
by Jonathon Turley
18 May 09 | Jonathon Turley.org
We have seen a number of cases on this blog where prosecutors fought efforts by prisoners to obtain DNA tests that might prove their innocence — only to be proven innocent once the tests were performed. Prosecutors are rarely denounced for these reprehensible efforts. The story in the New York Times indicates that prosecutors are continuing to oppose such testing even in states that passed new laws guaranteeing such testing.
The article features all-too-familiar cases like Kenneth Reed’s case where prosecutors opposed his request for DNA testing even though he offered to pay to show that he did not commit the 1991 rape in Louisiana. The state is one of 46 states with new DNA testing laws. Prosecutors insisted that it was unnecessary since he was clearly guilty. A study of 225 cases of DNA exonerations shows that prosecutors opposed testing in one out of five cases. Moreover, in 98 of these cases, the testing uncovered the real culprit.
The continued opposition to such testing is an outrage and only occurs because media and public do not hold these prosecutors accountable, even when they are found to have fought against testing that could not only prove innocence but identify the real culprit. >>>
- Obama Eyes ‘Preventive Detention’ System (20 May 09)