According to an article in today’s
, the Texas Department of Public Safety recently identified nearly 25,000 cases involving mixed DNA that may require retesting and could eventually result in a wave of appeals.
The impetus is a change in mixture interpretation guidelines that places stricter limitations on the conclusions that can be drawn from DNA mixtures.
Up until now, mixed DNA tests could produce very striking results that allowed experts and prosecutors to argue that the chances that a DNA profile belonged to any other individual beside the defendant were one in a million or more. But based on a new mixed-DNA testing guidelines, the odds are dramatically reduced—from one in many to one in less than 100, reports the
. As a result, 25,000 mixed cases dating back to 1999 are going to need to be reviewed to determine which of them resulted in convictions and whether they need to be retested using the new DNA testing method.
General Counsel at the Texas Forensic Science Commission, Lynn Robitaille Garcia, said figuring out a way to tackle evaluating the 25,000 cases will be daunting and costly. The commission will be asking the governor for financial assistance to complete the work.
According to the
, Galveston will serve as a testing ground in identifying a method by which to figure out which of its retroactive mixed-DNA cases actually resulted in convictions; its methodology could serve as a model for larger jurisdictions. Once the conviction cases are identified, the defendants in those cases will be assisted in finding lawyers to file writs. Prosecutors will then have to be prepared to handle the flood of appeals. In terms of cases currently pending trial, Jack Roady, the district attorney for Galveston County told the
that he has put a hold on all of the county’s mixed-DNA cases currently pending trial so that he can send them for retesting.
“We have to start identifying the cases and whittling the case list down,” Garcia said to the commission last week, according to the
. “We have a duty to correct this.”
To read the entire story, go