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Criminal Law

: Crime & Federalism

Innocent Man Denied DNA Testing

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Finally, someone listened: DALLAS - A 56-year-old man who spent 25 years behind bars for a rape he says he didn't commit walked out of court a free man on Friday after a judge recommended his aggravated rape conviction be overturned. Johnnie Earl Lindsey said he wrote six letters to a Dallas County court seeking post-conviction DNA testing that could prove his innocence. All six were ignored, he said.Finally, the rape kit was tested.  He was innocent.  He is the 20th innocent man to be freed since 2001 - from Dallas County alone. How many more requests are the government going to ignore?  When will courts hold that there is an affirmative due process righ to have DNA lab tests run?  The Ninth Circuit has held that a prisoner has procedural a right to sue to force DNA testing...continue to full post

Full post as published by Crime & Federalism on September 19, 2008 (boomark / email).

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