Provide equal access to DNA tests

Editorial, Atlanta Journal-Constitution, 04/07/03

When it comes to DNA testing in Georgia, the scales of justice tilt toward the prosecution. The state funds DNA tests in order to maintain a database on convicted felons when they are imprisoned, but there is little access to DNA tests for those who may have been wrongly convicted and imprisoned.

Lt. Gov. Mark Taylor and Sen. David Adelman (D-Decatur) hope to correct that with Senate Bill 119.

The bill, which has already passed the Senate, should receive speedy approval in the House. It would allow a judge to order DNA testing for a prisoner if his identity had been an issue at the trial and if such a test could have affected the trial's outcome.

The bill also sets procedural guidelines for judges as to when a motion for a new trial is appropriate given such circumstances. Under current law, those who were convicted before 1992 are unfairly barred from asking for a new trial after a certain period of time.

Across the country, 114 individuals who were wrongly convicted and were serving prison terms have been exonerated by DNA tests that either weren't available when they were tried or weren't ordered. A dozen of those had been wrongly sentenced to death. Three of the 114 were from Georgia, including two men wrongly convicted of rape who had served more than 15 years. The third had served six years.

The bill also mandates that prosecutors properly preserve and retain criminal evidence for at least 10 years after a defendant has been convicted of a serious crime. That is a vital requirement.

While there is no state funding to pay for post-conviction DNA tests, which cost from $200-$300 each, the proposal allows a judge to assess a fee from those who can afford to pay or assess the court or the county for those who are indigent.

Given the bill's careful standards, lawmakers need not fear any flood of prison petitions for DNA testing.

Nothing destroys confidence in justice as much as the wrongful conviction of an innocent person. Georgia should join the 27 states that have passed similar laws allowing post-conviction access to DNA tests.