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| 17 Del. Inmates Seek New DNA Tests |
| By AP |
| Published: 09/18/2002 |
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Seventeen people convicted of violent crimes have asked Delaware state courts to reopen their cases using new DNA testing methods they say will exonerate them. The defendants, who filed petitions through the Public Defender's Office, want their cases reopened under a law passed in 2000 that gave convicts two years to make such requests. The deadline was Sept. 1. Judges are expected to rule on the petitions soon. The results could provide grounds for the convicts to petition for a new trial or a clemency decision that would free them. Test results that reinforce guilt, however, could be used against convicts if they seek parole, probation or commutations. Nationwide, 110 convicts have been exonerated and released from prison after their cases were reopened to allow new DNA tests. In order to ask for DNA tests under the Delaware law, the identity of the offender had to be an issue in the trial. That means, for example, that rape convicts who said the sex was consensual would not qualify. Also, the DNA testing methods to be used must not have been available at the time of the trial. The 17 defendants were convicted in murder, assault and sexual-assault cases. Two involved child victims. Ferris Wharton, Delaware's chief deputy attorney general, said prosecutors are not opposed to the testing but would carefully examine each case to see if it meets the law's requirements. Attorney Lisa Schwind, who helped the Public Defender's Office coordinate the petitions, said 240 people inquired about new DNA tests. |
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