THE KENTUCKY SUPREME COURT UNANIMOUSLY ORDERS DEFENDANTS ACCESS TO DNA TEST LawReader Applauds the Supreme Court

THE KENTUCKY SUPREME COURT UNANIMOUSLY ORDERS DEFENDANTS ACCESS TO DNA TEST LawReader Applauds the Supreme Court

Two offenders serving life sentences based “on highly circumstantial evidence” should have access to conduct DNA testing that wasn’t available at the time of their trial, the Ky. Supreme Court unanimously ruled April 25, 2013.

Linda Smith the director of the Kentucky Innocence Project said, “the ruling will benefit everyone because it will allow the guilty to be convicted and the innocent to go free.”

Two prosecutors fought efforts to allow DNA testing and their efforts were strangely supported by the Attorney General. The AG’s office opposed the testing and said, “it would at most implicate a third person.”

Justice Cunningham, a former Prosecutor himself, will long be remembered and quoted for writing in his opinion:

“We proclaim that evidence admitted into criminal trials in this state belongs to the Commonwealth of Kentucky. It does not belong to the Commonwealth’s Attorney. The latter is charged with the duty to preserve and protect the integrity of evidence, not to hoard it.”

Those attorneys who really practice criminal law, will realize how important this decision is. We have all seen prosecutors who refuse to every listen to any argument about a potential mistake which convicted an innocent man, and allowed the guilty person to escape justice. The strong language of the Supreme Court to prosecutors sends them a message that they have a duty to live up to their ethical duty to be “a ministers of justice”.

We applaud the Ky. Supreme Court for their support of “truth justice and the American way.”

The decision is styled:

HARDIN, GARR KEITH, ET AL
VS.
COMMONWEALTH OF KENTUCKY

2011-SC-000722-TG.PDF TO BE PUBLISHED FROM MEADE CIRCUIT COURT

OPINION OF THE SUPREME COURT BY JUSTICE CUNNINGHAM- REVERSING AND REMANDING

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