Role of Defense Counsel

Defense counsel should appreciate that convictions are rarely reopened and that a noncontentious attitude may expedite the location of needed biological samples and accelerate the testing process that is an innocent client's best hope for relief.

On the other hand, defense counsel must also recognize and inform their clients that truth may have a price and that inculpatory results will have to be disclosed to the prosecution. Convicted felons are not entitled to testing without risking the consequences of false claims of innocence.

Recommendations for Defense Counsel

These protocols are addressed to public defenders, court-appointed counsel, private practitioners, pro se individuals, and law clinics (hereinafter "defense counsel"). It should be emphasized that defense counsel should seek the advice of experts in the field whenever possible.

When defense counsel receives a request from an inmate or someone seeking assistance on an inmate's behalf to obtain a postconviction DNA test, the following steps should be taken:

• Screening Initial Requests
• Information Gathering
• Assessing the Viablilty of the Claim
• Searching for the Evidence
• Consultation With Prosecutors
• Interactions With Victims and Dealing With the Media
• Legal Avenues
• Pretesting Considerations
• Chain of Custody
• Procedures After Results Are Obtained