Many Americans like to believe the nice little fantasy that we live in a perfect world where only criminals who break the law are arrested, convicted and jailed. However, the reality is innocent people go to jail every day while evidence potentially proving their innocence sits collecting dust.
Over the last ten years, the United States justice system has undergone a transformation from one of heavy reliance on sketchy witness statements and circumstantial fingerprints to one of rock-solid trace evidence and undeniable DNA. These days, DNA acts as the universal fingerprint to every person, as one can’t drink a cup of coffee without making a DNA transfer – much less engage in physical or sexual assault.
While the courts have been ahead of the curve on the handling of scientific evidence, legislators have not. Many of those convicted of murder and rape before the late 90s when DNA evidence analysis became cost-effective sit in jail having never received a DNA test while the case evidence used against them sits deteriorating.
In each case file for each convicted murderer or rapist, there is a packet of blood and tissue evidence taken from each victim and crime scene. Before DNA evidence became as widespread as it is today, it was not tested, and a direct match between the blood or semen on the victim and that of the perpetrator was never established.
We know the dirty little myth that everyone convicted of a crime is guilty is not true. Many are probably innocent, yet they will never see the light of freedom as long as people like Attorney General and Republican nominee for governor Jerry Kilgore remain in power.
Kilgore may be an educated man, but his understanding of scientific evidence is that of a green bean. The fact is that on more than three occasions Attorney General Kilgore’s office has either blocked or sought to block the testing of DNA for those who are in jail. One of those whose guilt was questioned died by execution here in the state of Virginia, while evidence with DNA testing that could have saved his life lay stored away.
Either Kilgore is just that dumb (since he expects us to believe everyone else in his office knew illegal wiretapping of Democratic conference calls was going on except for him), or he is a sinister little man playing up his country accent and Gomer Pyle wit so he appeals to that segment of society which doesn’t have the Internet, cable television – or indoor plumbing.
If either is true, they are a slap in the face to justice, and one that I will not let stand. I believe eyewitness testimony is good, except for that many times those who see horrible crimes or have crimes committed against them undergo mental transformations such that if Big Bird from Sesame Street were arrested, they would swear under oath that he did it.
While our legislators sit in session worrying about irrelevant matters such as those youth who wear their pants too low, loud music and the state bat, they ignore the issue of wrongful imprisonment that could help real people find real justice.
Of course for them, there is no political popularity or votes to be found being on the side of convicted criminals. However, one has to wonder just whom it would hurt to make DNA testing mandatory for all those convicted of crimes during the last 50 years where evidence exists that could prove their innocence. Perhaps the answer is the legitimacy of the conservative state of Virginia, a state that proudly has the death penalty and used to execute without discrimination the retarded, juvenile and – quite possibly – the innocent.
Mike Dickinson may be reached at .