washington state postconviction dna testing program grant prof. jacqueline mcmurtrie, j.d. director,...

Washington State Postconviction DNA Testing

Program Grant

• Prof. Jacqueline McMurtrie, J.D.•Director, Innocence Project Northwest Clinic•University of Washington School of Law

•Gary Shutler, Ph.D. •Washington State Patrol, Crime Lab Division

RCW 10.73.170

• A person convicted of a felony in a Washington state court serving a term of imprisonment may submit to the court that entered the judgment of conviction a motion requesting DNA testing

• Court shall grant testing if provisions of statute are met and convicted person has “shown the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis”

• DNA testing ordered under this section shall be performed by the Washington state patrol crime laboratory

Limiting Factors:

• Legal review of applications

• Finding the DNA evidence

• Crime lab resources for DNA testing

• Specialty DNA testing (i.e. mitochondrial)

Project Component #1Project Component #1

Use paralegal consultants to:

• Assist in reviewing application files

• Trace what happened to the DNA evidence after the original trial

• Assist in filing motions with the court

Project Component #2

Increase Crime Lab resources

• Hire an experienced DNA scientist to compensate for the additional workload

• Allow for more rapid turnaround for postconviction DNA case testing

Project Component #3

Outsource specialty DNA testing

• Mitochondrial DNA testing

• YSTR typing

Implementation Plan

Legal review of application backlog • Supervised by IPNW Clinical Director,

paralegal consultants help determine whether application meets RCW 10.73.170 criteria

• Paralegal consultants assist in obtaining police reports, court transcripts, tracking evidence and filing motions

Implementation Plan

Crime Lab Analysis

• DNA Technical Leader or designate to provide technical advise on likelihood of success for meaningful DNA typing on evidence and type of testing to pursue

• Evidence for successful applications will be accepted at any of the 5 WSP DNA labs

Challenges

• Filling the DNA Forensic Scientist position with an experienced candidate

• Setting up the paralegal consultant

• Coordinating 2 state entities (WSPCL & UW)

Thank you

• Questions?