Governor Holds Signing Ceremony for Bill that Makes Major Improvements to Post-Conviction DNA Access Law

NEW YORK, NY;  (Monday, March 25, 2013)- Governor Steve Beshear held a signing ceremony today to celebrate a recently passed law that improves access to the state’s post-conviction DNA testing statute. The legislation (HB 41) passed unanimously through both houses of the Kentucky legislature, and was signed by the Governor this past Friday, March 22nd.

Under Kentucky’s previous law, only those serving on death row have a statutory right to access post-conviction DNA testing. Of the 49 states with post-conviction DNA testing laws, only Kentucky and Alabama restricted access in this way. With the Governor’s signature, HB 41 now allows most Kentuckians convicted of violent crimes access to DNA testing if such testing can provide probative evidence of innocence.

HB 41 was sponsored by Representative Johnny Bell (D-Glasgow), who has long advocated for reform of Kentucky’s DNA testing laws. Though Representative Bell introduced similar pieces of legislation during previous sessions, the bills ultimately never became law. This year’s efforts gained momentum with the support of Senator John Schickel (R-Union), who championed a similar post-conviction DNA testing bill (SB 23) in the Senate.

“Thanks to the bipartisan efforts of Representative Bell and Senator Schickel, wrongly convicted Kentuckians will soon have greater opportunity to prove their innocence through DNA testing,” said Barry Scheck, Co-Director of the Innocence Project, which is affiliated with Cardozo School of Law. “We owe them a great deal of gratitude, and thank the Governor for recognizing the importance of this bill by signing it into law. We also must thank Kentucky Public Advocate, Ed Monahan, who advocated tirelessly for the bill’s passage.”

HB 41 represents a major improvement to Kentucky’s post-conviction DNA access law. Prior to the bill’s passage, wrongly convicted Kentuckians in non-capital cases were forced to rely on judges and prosecutors to grant access to DNA testing, meaning testing was often granted in an inconsistent manner. For instance, a local judge recently granted access to testing to Kerry Porter, which ultimately exonerated him as the perpetrator of a 1996 murder. Meanwhile, another local judge recently denied testing to Kentucky inmate, William Virgil, though such testing could exonerate him as the perpetrator of a 1987 rape and murder.

“HB 41 will ensure wrongly convicted Kentuckians have fairer access to DNA testing,” said Joe Blaney, Director of State Legislative Reform at the Innocence Project. Blaney also credited Kentucky’s leadership with helping win final approval of the bill. “This effort would not have succeeded without the support of Speaker Greg Stumbo and Senate President Robert Stivers and the strong support of Commonwealth Attorney Thomas Wine and former Commonwealth Attorney David Stengel. We also commend the Commonwealth Attorneys Association for its cooperation in finding a compromise that allowed this bill to pass.”

Though HB 41 is a major improvement over current law, the final bill was amended to exclude those who pled guilty from accessing testing. However, of the 303 people to be exonerated by DNA testing nationwide, just under 10 percent pled guilty to the crime of which they were convicted. “Though it might be hard to understand why an innocent person would plead guilty to a crime they did not commit, it isn’t all that uncommon,” Blaney said, noting innocent people pled guilty in many instances in order to avoid a harsher sentence. “We hope the legislature will revisit this issue in the future.”

Since the advent of DNA testing in forensic investigation in the late 1980s, DNA testing has evolved into a powerful tool for helping to establish guilt or innocence in criminal cases. Nationwide, 303 people have been exonerated through DNA testing. In about half of those instances, the real perpetrator was subsequently identified. With the exception of Oklahoma, every state in the nation has passed laws allowing for post-conviction DNA testing.

Since 2000, 14 people have been wrongfully convicted of serious felony offenses in Kentucky, the most recent being Kerry Porter exonerated in December 2011 after 14 years in prison. These individuals spent an average of 8 years in prison before they were released from custody.

The Innocence Project, which is affiliated with Cardozo School of Law, is a national litigation and public policy organization dedicated to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent future injustices. For more information on the Innocence Project, visit www.innocenceproject.org.

Bill would expand prisoners' rights to DNA testing - Cincinnati.com

Former federal marshal wants to afford convicts tools to prove innocence

A conservative Northern Kentucky lawmaker has thrown his support behind legislation previously championed by liberals that would allow a Cincinnati man to proceed with DNA testing on evidence he claims will exonerate him of a 1987 rape and killing in Newport.

“If DNA testing is good enough to send you to prison it should be good enough to get you out of prison,” State Sen. John Schickel, R-Union, said while speaking at a criminal law reform symposium held last month at Northern Kentucky University.

“One of the basic tenants of American jurisprudence is that it is better to have a guilty man go free than an innocent man go to prison.”

On Friday, Schickel pre-filed legislation that would afford DNA testing to inmates like 60-year-old William Virgil, who is serving a 70-year sentence in LaGrange for the killing of VA Medical Center nurse Retha Welch. DNA testing was not available at the time of the crime.

complete article

DNA for the Defense Bar

by The National Institute of Justice

DNA for the Defense Bar is the newest addition to a series of NIJ guides that aims to improve the use of forensic DNA in the criminal justice system. Designed specifically for criminal defense lawyers, it:

• Offers a primer on the science of DNA, from collection at a crime scene to laboratory analysis and findings.
• Provides general discussions on working with a criminal defense client and preparing a defense, including the testimony of a DNA expert witness and cross-examining prosecution DNA witnesses.
• Offers guidance regarding trial issues (for example, jury selection and opening and closing statements) and includes an in-depth discussion of the statistics with respect to CODIS match probabilities.
• Include a discussion of post-conviction DNA testing.

Full text:

• Adobe Acrobat File

Louisville Courier-Journal Editorial - State needs to change DNA testing law

It has been 23 years since the first person wrongly convicted of a crime was exonerated through the science of DNA testing. Since then, 289 people in 35 states found guilty of offenses have been exonerated through DNA tests, according to the Innocence Project website,

Yet Kentucky stands squarely behind the times when it comes to updating its laws and policies on DNA testing in cases where people claim they have been wrongly convicted for serious offenses.

Complete editorial

Op-Ed about DNA Bill

Allow more DNA testing - Lexington Herald-Leader

It's telling that the prosecutor who oversees more criminal cases than anyone in Kentucky recently testified in favor of expanding the availability of post-conviction DNA testing.

We don't usually expect prosecutors to help convicts get out of jail. But when the wrong person is locked up, the individual who actually committed a violent crime is not held accountable and our system of justice has failed.

Everyone has a stake in getting it right, which is why Jefferson Commonwealth's Attorney Dave Stengel of Louisville urged the approval of House Bill 178.

HB 178

Read more here: http://www.kentucky.com/2012/02/07/2058706/allow-more-dna-testing.html#storyl...

 

Lexington Herald Leader - Reform Urgent to Protect Innocent

Miscarriage of Justice

We hope that by the time you read this, Kerry R. Porter will be a free man, after serving 14 years in prison for a murder he did not commit.

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Porter's story is the nightmare of a society that values liberty and justice. There are steps lawmakers and courts must take to avert more such nightmares.

The editorial explains reforms needed to eyewitness identification, eligibility for DNA testing, disclosure of new evidence and compensation to those wrongfully convicted.  Kerry Porter is represented by the DPA's Kentucky Innocence Project.

Read more at complete editorial