Interaction With Victims and Dealing With the Media
Defense counsel should always instruct the client and the client's family to refrain from any contact with the victim both prior to and after the testing process. In general, defense counsel should also refrain from any contact with the victim.
Ordinarily, it is preferable to have the district attorney's office, through its victim services agency, determine if and when it is appropriate to inform the victim that a DNA test has occurred or will occur. It may not be necessary to inform victims that testing will occur, and thereby unnecessarily upset them when the results might be incriminating. If the results are exculpatory and further cooperation is needed from victims or family members in offering "elimination samples," victim services agencies are best equipped to deal with these issues.
Again, it is also preferable for the prosecutor to take the lead in terms of dealing with the media and the potential publicity surrounding correction of an injustice with regard to postconviction DNA testing.
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