PB&J Posted March 3, 2009 Report Share Posted March 3, 2009 ...The defendant in the case is William Osborne, who in 1993 was convicted of a brutal kidnapping, rape, and assault in Alaska. DNA testing on semen found in a condom at the crime scene didn't exclude Osborne, but it did include as many as 16 percent of all black men. More sophisticated testing not available at the time of Osborne’s trial would today conclusively determine whether he actually committed the crime. Even the state of Alaska concedes that a negative test would confirm that Osborne is innocent. The test would cost all of $1,000, a fee that would be paid not by the state, but by Osborne’s own legal team at the Innocence Project. Yet the state of Alaska refuses to hand the sample over for testing, and has fought all the way to the Supreme Court to keep it from Osborne’s lawyers. The state claims that Osborne’s trial produced more than sufficient proof that he committed the crime, and that this is all they need to feel confident in his guilt. Establishing a constitutional right to DNA testing in cases like Osborne’s, the state says, would be wasteful and unnecessary, and undermine the certainty and finality that lends integrity to the criminal justice system. Ken Rosenstein, the state’s lead attorney on the case, told the Anchorage Daily News, "If there was other doubtful evidence that supported his...possible innocence...things might be different. But it's merely a wish and a prayer at this point." Read the whole article here: http://reason.com/news/show/131995.html From reading this article it seems like the obvious thing to do would be to guarantee DNA testing. What if this guy is innocent, then that is state-sponsored murder plain and simple. You would think that advences in biotechnology and the use of DNA to identify people would be covered in "due process", the supreme court may be deciding just that based on this case. Link to comment Share on other sites More sharing options...
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