With one erroneous conviction reversed every 1.4 months, I think I understand the prosecutors' concerns.
Prosecutors Fight DNA Use for Exoneration
By ADAM LIPTAK
SHARPES, Fla., Aug. 26 ? After seeing more than 130 prisoners freed by DNA testing in the last 15 years, prosecutors in Florida and across the country have mounted a vigorous challenge to similar new cases.
Prosecutors acknowledge that DNA testing is reliable, but they have grown increasingly skeptical of its power to prove innocence in cases where there was other evidence of guilt. Defense lawyers say these prosecutors, who often relied on the same biological evidence to convict the defendants before DNA testing was available, are more committed to winning than to justice.
The fight has become particularly heated in Florida, where prisoners will soon be barred from seeking DNA testing for old cases under a 2001 law that set an Oct. 1 deadline for such requests.
In this state, the cases of two prisoners illustrate both the power and limits of DNA testing.
In one case, Wilton Dedge was convicted of rape based in part on two light-brown hairs found in the victim's sheets here in 1981. It was the only physical evidence against him. The hairs were, the prosecutor said at his trial, "microscopically identical" to those of Mr. Dedge.
In a 1983 trial of another man, Richard McKinley, for the rape of an 11-year-old girl in Homestead, the prosecutors told the jury that semen recovered from the girl matched his blood type.
DNA testing, which was not available at the time of either trial and which was performed recently only after fierce resistance from two sets of Florida prosecutors, showed that the hairs and the semen could not have come from the defendants.
Yet both men remain in prison serving life terms, and the prosecutors who relied on the biological evidence to convict them now say the DNA testing is not proof of their innocence.
Other Florida prisoners may never have the chance to argue about whether DNA evidence exonerates them. In 2001, the state Legislature opened a two-year window for DNA retesting in older cases. The window will close on Oct. 1, after which courts cannot hear the cases of hundreds of inmates who say that testing could free them, and lawyers across the state are in a race against time to file motions on behalf of such clients.
