SANTA CLARA, Calif., Sept. 29, 2014 – California Gov. Jerry Brown signed Senate Bill 1058 into law late Friday, making it the second of two bills sponsored by the Northern California Innocence Project at Santa Clara University to be signed which aid wrongfully convicted men and women in securing their freedom.
NCIP client George Souliotes (center) poses outside the state capitol after testifying in support of SB 1058. Souliotes was wrongfully convicted based on outdated forensic testimony. Pictured with California Innocence Project Attorney Alex Simpson and NCIP Legal Director Linda Starr.
California Senate Bill 1058 will help exonerate innocent men and women who have been wrongfully convicted based on outdated expert testimony. It will help assure people wrongfully convicted based on such testimony can have their conviction overturned when the expert later admits he or she was wrong, or when new science proves the testimony wrong.
Current law prohibited a judge from considering new testimony and the most up to date forensic evidence in evaluating a person’s claim of innocence. This prohibition applied even if a key expert witness recanted his or her earlier testimony or if it was undermined by new scientific research.
SB 1058, sponsored by the Northern California Innocence Project and the California Innocence Project, was supported by numerous criminal justice and civil rights organizations and received strong bipartisan support in both houses of the Legislature.
“Unfortunately, there are innocent people currently in prison based on outdated forensic evidence that technological developments have later disproven,” said Linda Starr, NCIP legal director. “SB 1058 is a common sense measure that gives courts the ability to weigh the most current, accurate and reliable forensic evidence in determining whether to overturn a potentially wrongful conviction. Our justice system and the wrongfully convicted deserve nothing less.”
“Previously, the law allowed a judge to reconsider a conviction if a key eyewitness recanted his or her testimony, but the same standard did not apply to expert witnesses who depend on new and emerging technologies to make their conclusions,” said Senator Leno. “This law clarifies that false evidence provided by such an expert witness may be considered when proving a person’s innocence.”
A release from Sen. Leno’s office is here.
SB 980, authored by Sen. Ted Lieu and signed by Gov. Brown Sept. 25, will improve the process for wrongfully convicted prisoners to obtain DNA testing. It gives prisoners improved access to the physical and biological evidence preserved in their cases and clarifies the procedures for obtaining DNA testing in California. SB 980 was co-sponsored by NCIP, the California Innocence Project, The Project for the Innocent at Loyola Law School, and the American Civil Liberties Union.
A news release on the bill from Sen. Lieu’s office is here.
