Get Information

Upon receiving initial notification of a request for postconviction DNA analysis, attempt to gain as much information as possible about the inmate and the case in which he or she was convicted in order to expedite one or more of the following: locating evidence; case review; release of the inmate if exonerated; and reopening of the case in order to locate and prosecute the true perpetrator.

If the request is made by an inmate directly to a prosecutor, the prosecutor should consider whether the governing law of the local jurisdiction limits direct contact between an inmate and a prosecutor. If so, the prosecutor may have to limit the information gathering to identifying information and refer the inmate to legal counsel.

Attempt to get the following information about the inmate:

  • Full name.
  • Date of birth.
  • Criminal identification index (CII) number.
  • Social Security account number (SSAN).
  • Prison or inmate number.
  • Current housing location.
  • Defenses proffered at trial.
  • Defenses currently claimed.

Also find out if the inmate is in custody on a separate case or unrelated charge for which the serological or DNA evidence is irrelevant, i.e., for which an exoneration will not result in release. (Such cases may have lower priority, but resolution may nonetheless have practical benefit to an inmate, such as reduced points relevant to prison classification or custodial status, or may affect calculation of a minimum release date.)

Attempt to get the following information about the committing case:

  • Court case number.
  • Court department or division.
  • Name of trial judge.
  • Name of court reporter.
  • Dates of trial, conviction, and sentencing.
  • Name of prosecuting attorney and file number.
  • Name of investigating officer.
  • Police investigative file numbers.
  • Police laboratory or outside serological laboratory case numbers.
  • Names of trial and appellate defense counsel.
  • Phone numbers of any of the above.

Evaluate any prior DNA testing. A prosecutor may need to have prior DNA results reevaluated or interpreted. DNA results may not have been introduced in a prior trial because defense tactics made such introduction irrelevant or otherwise not advisable. DNA results that may not have been used because a laboratory called results "inconclusive" might perhaps now be declared a "match." (See discussion in Biological Issues, and the more detailed discussion in Get Full Information About What Was Done Previously, below.)

Identify other factors that bear on DNA testing. Also, consider at this stage what additional discovery may be needed. Did the defendant plead guilty or nolo contendere? Did the defendant enter an "Alford" plea, pleading guilty in exchange for a lesser sentence, while claiming innocence, because the defendant believed he or she would be convicted on the evidence available to the prosecution? Should blood or other "elimination" standards be taken from consensual sex partners of the victim, or from coperpetrators of the crimes?

Gaining as much of the above information as possible will assist in later decisions such as the initial relevancy determination.


Go to the Next Section: Determine Relevancy

Download the complete document: Postconviction DNA Testing: Recommendations for Handling Requests (Adobe PDF)