A report published yesterday in the Lebanon (Ohio) Western Star examines the difficulties faced by convicted defendants in Ohio applying for DNA testing that could potentially prove their innocence. Of the 315 Ohio cases in which a defendant has requested DNA testing to prove innocence, courts have granted testing to only 19 people, with 66 cases awaiting rulings. Prosecutors have fought testing in most cases, based on legal grounds or due to lost or destroyed evidence (Ohio doesn’t have an evidence preservation law). Ohio is one of the 42 states with a post-conviction DNA testing law, but these numbers indicate that even among these states the path to testing isn’t always easy.
Ohio's DNA testing law, revised and made permanent last year, also closes the door to many potential applicants, including ex-convicts trying to clear their names and anyone who pleaded guilty. Another hurdle: Inmates must demonstrate that the testing would change the outcome of their trials.
Read the full story here
. (Western Star, 12/17/07)
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