Showing posts with label post conviction DNA. Show all posts
Showing posts with label post conviction DNA. Show all posts

Sunday, March 15, 2009

GRISHAMS’ INNOCENT MAN, SPEAKS TO SOUTH DAKOTA LEGISLATURE ON POST CONVICTION DNA TESTING




Photo - Dennis Fritz and Chief Justice David Gilbertson

South Dakota is one of six states that does not have a legislative bill passed for the availability of post-conviction DNA testing.
On February 11, 2009, Dennis Fritz, along with Professor of Law at the University of South Dakota, Christine Hutton, traveled to Pierre—the Capitol of S.D.— to present a bill to the House committee for post-conviction DNA testing. Law students, LaRae Hancock and McLean Thompson ( from U.S.D. ) accompanied the Professor and Mr. Fritz— whereby extending their lobbying support.
Professor Hutton, who authored her own revision of the existent DNA bill, that was vetoed back in 2003, introduced Dennis Fritz—one of the two main characters in John Grishams’ The Innocent Man, and author of his own book,
Journey Toward Justice.

Mr. Fritz immediately captured the attention of every House committee member. In a very deliberate and serious tone of voice, Mr. Fritz spoke to the committee members about the human side of his own tragic experience. As such, Dennis was denied DNA testing by the Oklahoma courts throughout his 12 year, wrongful incarceration.
Each House member listened intently as Mr. Fritz continued with his spell binding descriptions, of the enormous pain and suffering that he and his family had went through.

When Mr. Fritz had concluded his presentation, the looks on the House members’ faces clearly showed that they were greatly moved by his words.
Next, Mr. Fritz yielded the floor back to Professor Hutton, who went into detail about the strengths of her proposed DNA bill. Christine spoke to the committee members with an air of confidence and boldness. She keenly presented each feature of her 1 page DNA bill. Her clever delivery was to the point and matter of fact. The individual House members soaked in every word that Professor Hutton said. No one in the almost-full audience, dared to make a sound.

It went without saying, that the House members were in full agreement with the Professor. Yes, South Dakota DID need a DNA bill which would provide, that anyone claiming their innocence— who met certain specific guidelines—would be granted the long, sought after DNA testing. Sure enough!

After the opposition took their turn in attempting to argue the merits of Professor Hutton’s DNA bill, the House committed responded by delivering their own verbal discussions. Yea! Every House committee member voted to allow the proposed DNA bill to pass onward to the floor on the following day. Before leaving the Capitol building, Mr. Fritz and his group was introduced to Chief Justice David Gilbertson, in his chambers.

The Chief Justice was such a intelligent and wonderful, down-to-earth human being. He took great pleasure in welcoming us. Thereafter, the Chief Justice himself gave the assembled group a dynamic tour of the Appellate Court where he now presides. The courtroom was nothing short of a work of art, as to its crafted, flowing architecture displaying the legal themes within. What a day to remember.

After a couple of weeks went by, the long-awaited news had finally come. The House of Representatives passed the DNA bill through its legislature. Wooow! What a victory this was. Now, before the DNA bill could go into law, it will have to pass the Senate also by a majority vote. Let’s keep our fingers crossed.
This was a huge step forward for every innocent person that is incarcerated, not only in the state of South Dakota, but everywhere across our strong and unified nation.


PHOTOS OF EVENT
HERE

Thursday, August 14, 2008

Dennis Fritz and DNA Testing

Dennis Fritz spent years in prison fighting for the DNA test that proved his innocence. Seven times he petitioned the courts for DNA testing and seven times he was turned down. The state of Oklahoma fought Dennis ever step of the way and refused to compare his DNA with evidence collected from the crime scene. When his lawyers finally obtained permission to test the DNA, the results not only exonerated Dennis but identified and helped convict the real killer.

So far, more than 200 people have been exonerated by DNA evidence, yet according to a New Report on Post-Conviction DNA Testing , (Link here) many states – including Oklahoma -- still have barriers that prevent DNA testing from being used effectively. Improving Access to Post-Conviction DNA Testing: A Policy Review provides an overview of problems with current post-conviction DNA testing laws, offers solutions to these problems, profiles cases of injustice, highlights states with good laws and policies for DNA testing, and includes a model policy.
This is the link to The Justice Project
here .

According to the policy review, Oklahoma is one of seven states without a statute for post-conviction DNA testing access. (The others are Alabama, Alaska, Massachusetts, Mississippi, South Carolina, and South Dakota.) Oklahoma passed a statute in 2000, but it expired in 2005. Other states with access statutes

TJP’s policy review includes six common sense recommendations for improving state post-conviction DNA testing to create a more accurate criminal justice system and restore public confidence in the system’s ability to correct its own errors.

Without DNA testing, Dennis Fritz would still be in prison for a crime he didn’t commit. But it’s clear from this report states still have a long way to go to make sure that every wrongfully convicted person has a fair chance to prove their innocence through DNA testing.
All of TJP’s policy reviews are available on its website at
The Justice Project

Wednesday, August 13, 2008

Improving Access to Post-Conviction DNA Testing: A Policy Review

The Justice Project (TJP) has constructed a national program of initiatives designed to increase fairness and accuracy in the criminal justice system. As part of their work, they have developed a series of policy reviews on the leading causes of wrongful convictions that explain the problems and recommend common sense solutions.

I’m pleased to provide you with an electronic copy of the latest TJP policy review,
Improving Access to Post-Conviction DNA Testing: A Policy Review. (Click the title for PDF.) This policy review provides an overview of problems with current post-conviction DNA testing laws, offers solutions to these problems, profiles cases of injustice, highlights states with good laws and policies for DNA testing, and includes a model policy.

TJP’s six recommendations for states will improve the effective use of post-conviction DNA testing to create a more accurate criminal justice system and restore public confidence in the system’s ability to correct its own errors.
TJP recommends:

  • States should require the preservation of biological evidence throughout a defendant’s sentence and devise standards regarding custody of evidence.
  • States should ensure that all inmates with a DNA-based innocence claim may petition for DNA testing at any time and without regard to plea, confession, self-implication, the nature of the crime, or previous unfavorable test results.
  • States should require judges to grant post-conviction testing petitions when testing may produce new material evidence that raises a reasonable probability of the petitioner’s innocence or reduced culpability.
  • States should ensure that petitioners have access to objective and reliable forensic analysis at independent and privately funded labs, subject to judicial approval.
  • States should provide counsel and cover the cost of post-conviction DNA testing in cases where a petitioner is indigent.
  • States should standardize post-testing procedures for cases that produce testing results favorable to a petitioner.

    All of TJP’s policy reviews are available in the National Work section of our their website The Justice Project, here
  •