Legal News

Texas Law To Breathe New Life into Old DNA

By Ashby Jones

Here’s a situation for you to consider, LBers: DNA tests tie a man to a rape that took place 20 years ago. The man, who has served time for other crimes, can’t be tried over the rape allegations, as the event falls outside the statute of limitations. But should the DNA results be affixed to the man’s criminal record so they can be used in subsequent prosecutions or sentencing decisions?

The state of Texas has said ‘yes’ to that question. On Tuesday, a law takes effect in Texas that lets prosecutors and parole boards for the first time see DNA evidence that links a suspect to an old sexual assault, even though the statute of limitations has expired on the case and the suspect was never tried. Click here for the story, from the WSJ’s Ann Zimmerman.

Supporters of the law, the first of its kind in the country, hope it means that suspects in those old cases will face more-vigorous prosecutions and sterner parole boards should they find themselves in trouble with the law again. Opponents, however, say the law could rob suspects of due-process rights.

Take, for instance, the situation involving Desirée Wood. According to the story, Wood gave up hope that the man who raped her 20 years ago in Dallas would ever be caught and sentenced for the crime. Now, she says, she has reason to believe her attacker might see some form of justice, after all.

The results of the DNA test taken of her attacker were fed into a national crime database and matched the profile of a Louisiana man who has been in and out of prison for burglary and other small offenses. He has denied to police that he raped Wood, but under the new law, the DNA results will be attached to his criminal file maintained by the Texas Department of Public Safety.

“The next time he gets in trouble for petty things, the prosecutors will see this guy is a bigger threat,” said Wood.

The law is controversial. On the one hand, supporters feel that something should be done with the evidence. “The women wanted the men to be held accountable in some way,” said Sgt. Patrick Welsh of the Dallas Police Department.

But the law has its critics. The American Civil Liberties Union is concerned that it could punish suspects without the benefit of due process. After objections from the ACLU, the proposed law was revised to allow only law-enforcement agencies to access DNA information linking someone to an old sexual assault. The law also allows suspects to petition for removal of the information from their files if they believe it has been wrongly included.

Said Rebecca Bernhardt, policy director of the Texas ACLU: “This is something we will definitely be monitoring to make sure there aren’t negative unintended consequences.”

LBers, any thoughts?

Full post as published by Law Blog - WSJ.com on August 31, 2009 (boomark / email).