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Post by Deleted on Jul 24, 2003 13:12:53 GMT -6
This is why DNA testing should be mandatory for DP cases.
INDIANAPOLIS, Indiana (AP) -- A man facing execution next week for murder is vying for a DNA test his lawyers say may cast doubt on his guilt, and his supporters include a prosecutor and a juror who helped convict him.
Lawyers for Darnell Williams asked a U.S. District Judge John Tinder on Wednesday to allow DNA testing of blood stains found on Williams' clothing. His supporters say tests could show the blood was from neither of the two shooting victims, which would be contrary to evidence presented at trial.
In an affidavit to the court, Thomas Vanes, who helped prosecute Williams, wrote that the blood was portrayed at trial as consistent with that of the victims, John and Henrietta Rease.
If DNA testing shows the blood is not from the victims, Williams' guilt should be reassessed, Vanes wrote.
"I don't see the harm in doing the testing," Vanes said last week.
John Gnajek, who served as a juror in Williams' trial, also has supported the testing. He said the blood evidence convinced him that Williams took part in the shootings with a co-defendant who is also on death row.
In denying the DNA tests, the Indiana Supreme Court ruled last month that there was plenty of additional evidence to support the death sentence.
The state attorney general's office has argued during the appeals process that there was no basis for the DNA tests.
Attorneys for Williams, who is scheduled to be executed August 1, also hope to persuade Gov. Frank O'Bannon to commute his sentence after the Indiana Supreme Court's ruling.
"There is simply no excuse not to give us this chance to get to this evidence," said Barry Scheck, co-founder of the Innocence Project at Cardozo Law School in New York.
Tinder said he would rule on the request by Monday, the same day the Indiana Parole Board is scheduled to vote on a clemency recommendation to the governor. O'Bannon's spokeswoman, Mary Dieter, said it was too early for the governor to consider intervening.
Scheck said there have been more than 130 post-conviction exonerations nationwide, including 13 in capital cases, based on DNA evidence.
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Post by matthew outside on Jul 25, 2003 12:25:11 GMT -6
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Post by Ed Duncan on Jul 26, 2003 18:45:50 GMT -6
Even as being in favor of every state MUST at least have the DP as an option, in this case, lets' just be damn sure what we're doin' here. The mere fact that the former prosecutor, while maybe not on the side of the perp, at least has the decency to attempt to make sure he is indeed guilty.
EAD
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Post by Deleted on Jul 27, 2003 7:19:27 GMT -6
Be careful here.
Not all capital murder cases depend on DNA evidence and to insist on DNA testing in such cases introduces the irrelevant.
Poisonings, contract killings, arson, etc may have no pertinent DNA evidence. The presence of some third party's blood on the accused's clothing rather than that of the murder victim does not mean the accused did not commit a murder, only that he got into a brawl with some drunk earlier in the day.
Certainly DNA testing should be available in all DP cases to both the prosecution and the defense, but caution is advised in interpreting the meaning.
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Post by Deleted on Jul 27, 2003 7:32:06 GMT -6
Be careful here. Not all capital murder cases depend on DNA evidence and to insist on DNA testing in such cases introduces the irrelevant. Poisonings, contract killings, arson, etc may have no pertinent DNA evidence. The presence of some third party's blood on the accused's clothing rather than that of the murder victim does not mean the accused did not commit a murder, only that he got into a brawl with some drunk earlier in the day. Certainly DNA testing should be available in all DP cases to both the prosecution and the defense, but caution is advised in interpreting the meaning. Okay, okay. What I meant to say was that DNA evidence should be mandatory IF possible. But you're right - in some cases, it wouldn't matter. |
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