DNA Testing Finally Brings Justice
Posted on September 5, 2008
Filed Under Appeals, Criminal Law, Felonies, Law, News, misdemeanor, rape |
Eighteen years is a long time to live behind bars — especially when you’re innocent. It took 18 years for the criminal justice system to mete out justice in the case of Robert McClendon. Imprisoned in Ohio in his mid-30s for a child rape he steadfastly denied he committed, McClendon was finally exonerated and released last month when DNA testing proved he did not commit the crime.
“Taking away someone’s freedom is the worst thing that can happen in our system,” said Ohio Senator David Goodman. “We only have one life, and Mr. McClendon lost 18 years of his.” Now 52, McClendon missed his daughter’s growing up and the birth of his first grandson. For 18 years behind bars he knew he was innocent but couldn’t get anyone to listen. Repeated applications for DNA testing were denied until this year.
Criminal justice advocates say there are thousands of cases like McClendon’s across the U.S. Falsely accused and convicted because of race, hate or circumstantial evidence, innocent men and women languish in American prisons, hoping that justice will someday find them, as it finally found Robert McClendon. “There are other inmates stuck in prison who deserve a chance to prove their innocence,” McClendon said upon his release.
Of course, there is a flip side to the jailing of innocent individuals. “Even if you don’t have any sympathy for the wrongfully convicted, the other side of the coin is a guilty person has gone scot-free,” said Ohio Governor Ted Strickland.
California has been more proactive than most other states in this matter. In 2001, a postconviction DNA testing law (Senate Bill 1342) was enacted that provided a mechanism for inmates to seek postconviction DNA testing of evidence. While the bill does require that “evidence suitable for DNA testing” be retained after conviction, it did not specify standardized methods for keeping, storing or disposing of that evidence. A task force convened by the Attorney General’s office at the time sought to provide that standardization, but its suggestions were only guidelines. Unfortunately, evidence can still be destroyed and DNA applications are only available to incarcerated prisoners. Those out on parole can’t apply for DNA testing even if it could exonerate them and cause their criminal record to be expunged.
It can be a tough legal battle requiring the expertise of a skilled and tenacious criminal defense attorney, but DNA testing can free and exonerate the innocent. Flaws in the system and inconsistencies in evidence standards often require dogged pursuit by a highly experienced attorney during the appeal process. If you are innocent, if you have been unfairly incarcerated, call criminal defense attorney Stephen Rodriguez. He will use his considerable legal expertise to achieve the justice you deserve.
-LegalPro
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