PRESS RELEASE

CAN DNA FIND OHIO’S INNOCENT INMATES?

Will DNA testing prove that any of Ohio’s 45,000 inmates are innocent? That is the question Ohio’s criminal justice system hopes to answer with a new DNA Actual Innocence Testing Procedure that begins tomorrow, October 29, 2003. The new law allows eligible inmates to apply for DNA testing to prove their innocence. The Office of the Ohio Public Defender, which helped create this new law, will be assisting as many inmates as possible with their applications for DNA testing. The Ohio Public Defender has also provided a brochure for every Ohio inmate explaining the new testing procedure. 

This new law was passed to seek out inmates in Ohio who are wrongfully convicted, however, DNA has been involved in only a small number of exonerations nationwide. Less than 5% of all exonerations were due to DNA evidence. Most exonerations are due to mistaken identification by a witness, incorrect blood typing, or police or prosecutorial misconduct. Nationwide, there have been only 138 exonerations due to DNA evidence. There are many reasons why DNA is not the best way to prove innocence. DNA evidence is not available in many criminal cases, and DNA evidence from older cases may not have been kept properly. The new DNA testing procedure is available in Ohio for only one year. 

DNA testing is an important first step in examining the criminal justice system in Ohio. The idea of innocent persons serving time for crimes they did not commit, or, in the worst possible case, being put to death for crimes they did not commit, is intolerable and inhumane. Imprisoning the innocent is offensive to the American principles of freedom, truth, and justice. Further steps are needed to ensure that innocent persons do not spend their lives in prison for crimes they did not commit. 

There are, however, serious limitations, under the new law, as to who may be provided with DNA testing. To be eligible for DNA testing under this new law, the inmate must have at least one year left of their sentence. Of critical importance is the fact that there must be DNA material, or evidence, still remaining which would be susceptible to DNA evaluation, and the DNA test, if administered, must be outcome determinative of the charges upon which the inmate was convicted. If not, the judge will dismiss the application and no testing will be allowed. In addition, no testing will be allowed if the inmate did not go to trial, for whatever reason, without the express permission of the county prosecutor, and such decision cannot be appealed. Applications for testing are available in each Ohio prison, and the application must be filed by Oct. 29, 2004. 

FOR MORE INFORMATION:

 

Office of the Ohio Public Defender

Phone (614) 644-1613

Fax: (614) 644-0703

 

OPD Website:  www.state.oh.us/opd