Procedures After Postconviction Testing Results Have Been Obtained

Again, consult with forensic DNA analysis experts to determine if results are dispositive (exonerates or confirms guilt) or inconclusive (e.g., results do not match the inmate but alternative explanations exist) or mixtures, contaminants, artifacts, or results with weak intensity make it impossible to report a clear match or exclusion.

If the testing ultimately exonerates a person who has been wrongly incarcerated, it is in the interests of the prosecution and in the interests of justice to release that person. If the results exonerate (are inconsistent with all theories of guilt), the prosecutor should immediately take the necessary steps to have the inmate released. The case investigation may be reopened and, if appropriate, the charges should be dismissed.

If the testing results further inculpate the inmate, confirming the validity of the conviction, the prosecutor should notify the parole board or probation department. The prosecutor should also request that the inmate's profile be added to CODIS offender databases, when appropriate, and should notify the victim or survivors (through the local victim's services agency).

If the results are inconclusive, the prosecutor should notify the defense and victim/survivors that the prosecution will oppose habeas corpus or new trial motions and they should prepare to defend against same.

In any case where the inmate is not exonerated, the prosecutor should request that, whenever appropriate, the newly developed DNA profile be added to CODIS offender databases.

In any case where the inmate is exonerated, the prosecutor should seek to have the evidentiary profile added to the unsolved cases section of the DNA databases, in hopes of identifying the true perpetrator.

The prosecutor should do all the above with liberal and frequent consultation with and notification to victim/witness specialists, forensic DNA experts, defense counsel, and prosecutors experienced in DNA technologies and postconviction relief issues.



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