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