Washington State Postconviction DNA Testing Program Grant

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Washington State Postconviction DNA Testing
Program Grant

• Prof. Jacqueline McMurtrie, J.D.
• Director, Innocence Project Northwest Clinic
• University of Washington School of Law
• Gary Shutler, Ph.D.
• Washington State Patrol, Crime Lab Division

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RCW 10.73.170

• A person convicted of a felony in a Washington
  state court serving a term of imprisonment may
  submit to the court that entered the judgment of
  conviction a motion requesting DNA testing
• Court shall grant testing if provisions of
  statute are met and convicted person has shown
  the likelihood that the DNA evidence would
  demonstrate innocence on a more probable than not
  basis
• DNA testing ordered under this section shall be
  performed by the Washington state patrol crime
  laboratory

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Limiting Factors

• Legal review of applications
• Finding the DNA evidence
• Crime lab resources for DNA testing
• Specialty DNA testing (i.e. mitochondrial)

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Project Component 1

• Use paralegal consultants to
• Assist in reviewing application files
• Trace what happened to the DNA evidence after the
  original trial
• Assist in filing motions with the court

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Project Component 2

• Increase Crime Lab resources
• Hire an experienced DNA scientist to compensate
  for the additional workload
• Allow for more rapid turnaround for
  postconviction DNA case testing

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Project Component 3

• Outsource specialty DNA testing
• Mitochondrial DNA testing
• YSTR typing

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Implementation Plan

• Legal review of application backlog
• Supervised by IPNW Clinical Director, paralegal
  consultants help determine whether application
  meets RCW 10.73.170 criteria
• Paralegal consultants assist in obtaining police
  reports, court transcripts, tracking evidence and
  filing motions

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Implementation Plan

• Crime Lab Analysis
• DNA Technical Leader or designate to provide
  technical advise on likelihood of success for
  meaningful DNA typing on evidence and type of
  testing to pursue
• Evidence for successful applications will be
  accepted at any of the 5 WSP DNA labs

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Challenges

• Filling the DNA Forensic Scientist position with
  an experienced candidate
• Setting up the paralegal consultant
• Coordinating 2 state entities (WSPCL UW)

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Thank you

• Questions?