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Betty Layne DesPortesBENJAMIN & DesPORTES, PC
Richmond, VA
Truth Justice
Belongs to everyone
No one should be allowed to own it, hide it, or destroy it
The search for the truth should be a collective effort
Find the evidence Get the evidence tested By a reliable method To get results To determine the truth
Collective interest
Prosecution Crime lab Victims Public Defense
“All liberty is individual” – Calvin Coolidge
Notice◦ Existence of evidence◦ Testing
Access◦ Opportunity to be heard◦ Opportunity to participate
Resources◦ Independent testing◦ Experts
Need rules, guidelines, and protocols for how the case is going to be handled
Use established protocols If cannot use regular case protocols, draft
new protocols and allow comment
If people know “the plan” they will know what you are doing
Selection Technology Reporting Investigation Costs Time
Which cases◦ All ◦ Defense request◦ Prosecution request◦ Court order
Screening method◦ Court◦ Committee◦ Lab personnel
If you say “all”. . . but you don’t mean “all”. . .+ Changing criteria: “qualifying convictions”+ Inaccurate information
= Need to notify defendants and many additional issues
Default Objections
◦ New technologies◦ Preservation of sample◦ Independent testing
Final decision
Outside contractor
Different casework protocols
Splitting analysis and reporting duties
Concerns about consumption
Who gets the results and when?
ProsecutionDefenseDefendantVictimCourtPublic
No initial plan for issuing reports Results to Governor New plans for reports New plans for distributing reports If do not know, cannot ask . . .
Who determined the meaning of the results and does any further investigation?◦ Prosecution◦ What if the prosecution declines◦ What if the defense wants access to databases
Not there yet Opportunity to design a plan . . .
Who pays Who determines who pays Does paying mean you are The Decider If the taxpayer is paying, are they entitled
to an accounting
State and federal money◦ $1.4 million state = 300+ cases (screening and
testing only?)◦ $4.5 million federal = 700+ cases (testing and
reporting?) Initial estimates too low Beneficial to have detailed accounting for
future projects / testing estimates
Start date
Completion date
Causes for delay
Announced Dec. 2005 1-2 year initial estimate to complete “rolling” process – rapid reporting
November, 2008 34 cases have issued (but not distributed)
reports