STORY: "New DNA testing requirements in Texas," published by Newschannel 10, on August 30, 2013.
GIST: "1984 was the first time DNA evidence was used in a criminal case. And since then, it has played an increasingly central role in criminal cases - but prosecutors and defense attorneys alike have some qualms about how it's used and how it's collected -- so now a new Texas law hopes to ease those qualms by standardizing the procedure. Starting September 1st, state investigators will be legally required to test any relevant evidence in a capital case as soon as practicable. And after a conviction, a defendant could only appeal the results once, only with good cause, and and any re-testing would be done at their own expense. The idea is to minimize uncertainty about convictions and virtually eliminate the possibility of excessive appeals later on. One local defense attorney says the bill is a good start, but it won't fix an imperfect and already backlogged system. "The biggest problem I see with this bill is it relies on a system that's not something we should necessarily rely on to begin with," says Steven Denny, a criminal defense attorney in Amarillo. "The DPS lab system is severely overworked, DNA tests can take over six months to get back; and so the case is just floundering for that amount of time." Supporters cite the now twenty year-old case of Hank Skinner. Skinner was convicted in 1995 of a 1993 triple homicide in Pampa, but has filed multiple appeals over the last eighteen years. And while eighteen years on death row may seem excessive, the ability to appeal is seen as a necessary element of a fair trial. "The finality of the death sentence is pretty extreme - there's no room for mistakes," says Denny. "
GIST: "1984 was the first time DNA evidence was used in a criminal case. And since then, it has played an increasingly central role in criminal cases - but prosecutors and defense attorneys alike have some qualms about how it's used and how it's collected -- so now a new Texas law hopes to ease those qualms by standardizing the procedure. Starting September 1st, state investigators will be legally required to test any relevant evidence in a capital case as soon as practicable. And after a conviction, a defendant could only appeal the results once, only with good cause, and and any re-testing would be done at their own expense. The idea is to minimize uncertainty about convictions and virtually eliminate the possibility of excessive appeals later on. One local defense attorney says the bill is a good start, but it won't fix an imperfect and already backlogged system. "The biggest problem I see with this bill is it relies on a system that's not something we should necessarily rely on to begin with," says Steven Denny, a criminal defense attorney in Amarillo. "The DPS lab system is severely overworked, DNA tests can take over six months to get back; and so the case is just floundering for that amount of time." Supporters cite the now twenty year-old case of Hank Skinner. Skinner was convicted in 1995 of a 1993 triple homicide in Pampa, but has filed multiple appeals over the last eighteen years. And while eighteen years on death row may seem excessive, the ability to appeal is seen as a necessary element of a fair trial. "The finality of the death sentence is pretty extreme - there's no room for mistakes," says Denny. "
http://www.newschannel10.com/story/23304161/n
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.
