Bill signed to expand DNA tests

Article, Atlanta Journal Consitituion, 5/28/03

A man imprisoned for 16 years for a crime that DNA testing later proved he did not commit was present Tuesday when Gov. Sonny Perdue signed legislation expanding the use of genetic testing in criminal appeals.

Calvin Johnson introduced himself to Perdue as the first Georgian whose conviction was cleared by new scientific evidence. He was released in 1999 after his conviction for a 1983 rape was overturned by DNA evidence.

Perdue told Johnson he hoped the new law "will allow us to do justice better."

The measure, supported by Lt. Gov. Mark Taylor and many of the state's prosecutors, gives those convicted of violent crimes the right under certain circumstances to ask for a new trial if:

• The perpetrator's identity was an issue during the trial.
• It is reasonable to believe that DNA test results would have affected the outcome.
• Reliable results can be extracted from evidence.
• The evidence was not tested previously.

The measure also requires courts to keep evidence for 10 years for potential use in such appeals. Under previous law, evidence could be destroyed as soon as the trial was over.

Clayton County District Attorney Robert Keller, who joined Johnson for the bill-signing, said only a miracle saved the evidence in Johnson's case so that it could be tested.

"There was a change in the court reporters in 1992, and this evidence was going to be destroyed," Keller said. "There was no reason to keep this evidence. None whatsoever. And my investigators called me and asked me what to do with the Calvin Johnson evidence, and I said, 'Keep it.' "