On November 7, NCIP had an important victory in Fairfield, CA and moved one step closer to a possible exoneration. A Superior Court Judge in Solano County ordered additional DNA testing on a ski mask alleged to have been worn by one of the intruders during a home invasion robbery. Our client was convicted of having been the masked intruder, yet initial testing showed that his DNA was not present on the mask. We hope this new round of testing will help to exonerate him!
This case presents two important victories for NCIP.
First, this case is significant because it may be the first case in the country to explore the significance of the ABSENCE of DNA to establish innocence. We will present testimony of expert witnesses to explain how DNA would be transferred onto a ski mask and the probability of such a transfer in this case. We expect this evidence to show that it is highly unlikely that the perpetrator could have worn the mask and committed the crime as described by the prosecution, and not left any DNA. This expert opinion is buttressed by the fact that DNA from at least 4 other persons is found on the ski mask.
The second victory is that the court ordered the state to comply with the original DNA testing order. More than two years ago, in 2004, NCIP convinced a judge to order testing on the same ski mask. The laboratory failed to conduct the testing in the manner ordered by the court. Instead they conducted tests on samples of the ski mask already in the lab. These tests revealed DNA from four different persons, none of whom were our client. Based on these findings, NCIP filed a petition for writ of habeas corpus arguing that our client’s conviction should be reversed. Only when the court ordered the state to respond to our petition did we discover two important facts. First, the prosecution had failed to disclose that the major contributor of the DNA on the mask was that of our client’s stepbrother who had testified against him at trial! Second, the mask had not been tested in the manner ordered by the court.
Many Santa Clara law students have worked on this case, learning about ethics, science, and the intersection of state and federal law. These students have drafted state and federal pleadings and declarations for civilian and expert witnesses. Some have had the opportunity to find and interview lay and expert witnesses, prepare for a hearing, and appear as certified law students in the proceedings.
Justice in this case moves slowly. But we have moved one step closer to proving our client’s innocence.
