"SEE, THERE'S THIS NECKLACE. IT WAS FOUND ON THE NECK OF THE BODY OF ANGEL VINCENT WHO, IT SEEMS, WAS STRANGLED TO DEATH. NEXT TUESDAY, THE STATE OF OHIO PLANS TO MURDER DARRYL DURR FOR VINCENT'S MURDER. DURR WANTS THE NECKLACE TESTED FOR DNA. IT MAY EXCULPATE HIM. IT MAY IDENTIFY THE ACTUAL KILLER. OHIO REFUSES. LAST WEEK, I EXPLAINED THAT A PRISONER IN OHIO WHOSE STATUTORY REQUEST FOR DNA TESTING IS DENIED IN THE TRIAL COURT HAS AN AUTOMATIC RIGHT TO APPEAL THAT DENIAL. UNLESS THE PRISONER IS ON DEATH ROW. THE PRISONER ON DEATH ROW HAS A RIGHT TO ASK PERMISSION TO APPEAL DARRYL DURR DID. THE COURTS SAID "NO.""
JEFF GAMSO: GAMSO FOR THE DEFENCE; (Commentary by an Ohio criminal defense lawyer);
----------------------------------------------------------------------------------
"See, there's this necklace. It was found on the neck of the body of Angel Vincent who, it seems, was strangled to death," Gamso's post, published earlier today, under the heading, "Back to the DNA," begins.
"Next Tuesday, the state of Ohio plans to murder Darryl Durr for Vincent's murder," the post continues.
"Durr wants the necklace tested for DNA. It may exculpate him. It may identify the actual killer. Ohio refuses.
Last week, I explained that a prisoner in Ohio whose statutory request for DNA testing is denied in the trial court has an automatic right to appeal that denial. Unless the prisoner is on death row.
The prisoner on death row has a right to ask permission to appeal.
Darryl Durr did. The courts said "No."
Today, Durr filed a lawsuit asking that the statute be declared unconstitutional, that the necklace be tested, and that his execution be stayed so that those things can be done. (Disclosure: I'm one of the several attorneys on the case, though not lead counsel.) Links to the ACLU press release and major case documents are here. More news as it develops."
The poat can be found at:
http://gamso-forthedefense.blogspot.com/
Harold Levy...hlevy15@gmail.com;
