05 February 2009

Another problem with Alaska: No DNA testing

In a recent press release, the Innocence Project, which is dedicated to exonerating wrongfully convicted prisoners, observes the following problem with Alaska's "justice" system:
In the vast majority of cases, prisoners are granted DNA testing under state law or because prosecutors consent to testing without a court order. Alaska is the exception. It is the only state in the nation with no known case of a prisoner receiving DNA testing, either through court order or a prosecutor’s consent.
So you better hope you don't get wrongfully accused of a crime in Alaska.

But the Innocence Project believes that the Due Process clause of the U.S. Constitution ensures the right to DNA testing that could prove a defendant's innocence.

And they're taking it all the way to the Supreme Court. Last month, the Innocence Project filed a brief on behalf of William G. Osborne, who was convicted of rape and attempted murder 15 years ago. Alaska has denied him advanced DNA testing that was unavailable at the time of his trial, but which today could prove his innocence.

This is astounding. Why would the state of Alaska deny DNA testing that could prove Osborne's guilt or innocence? Don't they want to be sure that they've got the right guy?

The Court will hear oral arguments in this case in March. Stay tuned for updates.

Meantime:

>> Read the full press release about the case.

>> Download the brief that was filed with the Court. (PDF)

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