Brewer Champions Extended Use of DNA Testing

(BOSTON) – Senator Stephen M. Brewer (D-Barre) announced today that the Senate on Thursday unanimously approved DNA testing legislation that would make Massachusetts the 49^th state allowing defendants to obtain and test evidence after conviction for use in seeking a new trial.  The bill also requires the State Police Crime Lab to adopt regulations regarding maintaining materials, designating public officials as custodians of such materials, and recordkeeping.

 “This bill is critical when it comes to utilizing the technology used in forensic analysis,” said Brewer, Chair of the Senate Committee on Ways and Means.  “These regulations will help increase the effectiveness of the State’s criminal justice system to make sure the people who committed the crimes pay for them.”  

 The bill, which was developed with the input of current and former prosecutors, police officials, defense attorneys and judges, would help exonerate wrongfully-convicted people and convict individuals who have gone free for decades.

 The bill would allow individuals who have been convicted of a crime to file a motion with the courts requesting access to evidence for forensic testing that could prove their innocence.

 Defendants would have to meet certain standards that show:

• The material in question has not been tested previously in the way sought;
• Testing was not available at the time of conviction, or the material itself was unavailable;
• The evidence is admissible in court; and
• An affidavit from the defendant is filed stating the defendant’s innocence.

The bill requires evidence to be kept for the duration of a defendant’s sentence. New evidence cannot be used as cause for legal action against the Commonwealth.

 This bill now goes to the House of Representatives.

Posted: Fri, Jul 29, 2011
Updated Fri, Jul 29, 2011