The court ruled that prisoners have no constitutional right to DNA testing that might prove their innocence. The case before the court concerned Alaska which has no DNA testing laws.
Justice John Paul Stevens said the constitution's due process clause required Mr. William G. Osborne to have access to DNA evidence in his case. He was convicted in 1994 of kidnapping and sexually assaulting a prostitute in Anchorage.
Only 4 states- Alabama, Alaska, Massachusetts and Oklahoma do not have the DNA testing law. Prosecutors often fight hard to deny prisoners access to DNA evidence. No prisoner has ever obtained DNA evidence for testing in Alaska.
Justice Alito, Kennedy and Thomas agreed with the appeals court that the testing be denied. Alito said "prisoners would be given a right to rummage through the state's genetic-evidence locker", and DNA "often fails to provide absolute proof of anything" .
We really need Judge Sonia Sotomayor to come aboard. The legal community is eagerly awaiting for the sparks to fly between those two. The innocence Project is working with Mr. Osborne to try to obtain his DNA testing.
Monday, June 22, 2009
SUPREME COURT REJECTS INMATE RIGHT TO DNA TESTS
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