Imagine a man was wrongfully convicted of a serious crime. Imagine there was evidence that could prove his innocence. One would think, in the system where due process is given so much lip-service, that the wrongfully convicted man would have clear and easy access to this evidence. But in the case of DNA, one would likely be wrong.
There is a database of DNA evidence, collected from convicted criminals across the nation. This database is called the Combined DNA Index System, or Codis. But this system lies under the seeming lock and key of prosecutors and many of them seem to guard it with everything they’ve got.
“There is incredibly exculpatory power in the databases that the government has spent hundreds of millions of dollars on over the years,” said a senior lawyer in one wrongful conviction case, Nina Morrison, as reported by the New York Times. “But, law enforcement runs the databases, and even when you go to court to force their hand, they throw up roadblocks. And judges say they don’t have the power to force them.”
Case in point: 19-year old Joseph A. Buffey was arrested and charged with the rape of an elderly woman 11 years ago. The night of the rape he admitted to stealing money from the Salvation Army, but he initially denied the claims of rape. After what he says was significant pressure from cops and his own attorney, he confessed. Since then he has maintained his innocence. And as luck would have it, there was DNA evidence from the crime scene that didn’t only suggest someone else had raped the woman, but that was matched positively with another inmate who had a history of sexual assaults.
But, Buffey is still in prison. His case is pending. It took an entire 18 months to convince the state to allow his attorneys access to the DNA evidence.
Only nine states have laws giving defendants access to Codis. In other states, they have to fight the state, sometimes tooth-and-nail to have access.
“You’d think there would be a federal rule or a statute in every state creating the clear obligation to do a Codis search in any case where the defense wants it,” said law professor a University of Virginia, Brandon L. Garrett. You would think, but you would be wrong.
Buffey’s hearing is in March, and his attorneys, backed by the Innocence Project, hope the DNA evidence will be enough to get him freed. But the fight to make this information more readily available is only just beginning.
When you are accused of a crime, it can definitely feel like no one is on your side, as if the cops and the prosecutor turn a blind eye to you, your interests, and even the truth. If you need a criminal defense attorney, whether you are charged with drug distribution or robbery, we can help.
About David Matson