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