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| Death Row DNA tests have Florida governor's support |
| By Miami Herald |
| Published: 01/18/2001 |
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A
month after a Florida Death Row inmate was cleared of a murder by a drop of
his blood, Gov. Jeb Bush has signaled support for DNA testing for convicted
murderers who may be able to prove their innocence through science. The
state is considering allowing the testing and paying the estimated $1,500 cost
per test -- for Death Row inmates who can show DNA evidence could set them
free. Bush
wrote that his policy as governor has been not to sign death warrants until DNA
evidence that could free the inmate has been examined. In
the case of Frank Lee Smith, who once came within three days of being
executed, that evidence came too late. The results that cleared the former
Broward resident last month of the 1985 murder of Shandra Whitehead came 11
months after he died in prison of cancer. The test by the FBI was performed on
blood taken from his body after his death. A
growing number of states provide for post-conviction DNA testing if the inmate
can show the results would cast reasonable doubt on the conviction, said Barry
Scheck, co-director of the Innocence Project, which pushes for DNA tests in
murder cases and helped in Smith's case. In
many states, defense attorneys are barred from introducing the evidence after
a statute of limitations has expired, yet many inmates were imprisoned before
DNA tests were available. To
date, 81 people in the United States have been freed by post-conviction DNA
testing, including 10 from Death Row, Scheck said. But
Scheck said the testing shouldn't be limited to only those facing execution.
The Florida Department of Law Enforcement's crime lab would be able to run DNA
tests -- done on body fluids found at crime scenes -- for every Florida Death
Row inmate who met the yet-to-be-determined criteria, said Assistant FDLE Commissioner
Daryl McLaughlin. There
are now 371 inmates on Florida's Death Row, but not every crime involves DNA
evidence. |

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