Consultation With Prosecutors
Throughout the search for the evidence, defense counsel should actively consult with the prosecutors and seek their assistance. Defense counsel should contact the prosecutor soon after the request is initiated. A notification letter should be sent to inform the prosecutor's office that DNA testing has been requested. Defense counsel should send this letter after the initial questionnaire is returned.
Once evidence is found, all efforts should be made to obtain the prosecutor's consent to access the evidence for purposes of DNA testing. As discussed in chapter 1 and earlier in this chapter, the client must understand that, at an early stage in the process, defense counsel will notify the prosecutor that the request for DNA testing has been initiated and that defense counsel will inform the prosecutor of the DNA testing results.
In situations where the prosecutor is uncooperative or there is disagreement as to the category into which the case falls, defense counsel may have to litigate to obtain access to the evidence for DNA testing. However, defense counsel should encourage and seek cooperation with the prosecutors at every stage throughout this process.
Go to the Next Section: Interactions With Victims and Dealing With the Media
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