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Virginia DNA Study Shows “Surprising” Potential for Wrongful Convictions

January 17, 2012

In the days before CSI showed us the forensic value of a piece of chewing gum, the science that led to convictions was far less error-proof. Things like blood typing and teeth marks were about as high-tech as you could get in fingering a suspect. Now, however, science has changed and because of this, the potential for wrongful convictions has likely fallen. But a look back on past cases may show just how common such mistakes were back in the days before DNA testing became so commonplace.

A unique opportunity to test DNA samples on past cases arose when a “trove” of old case files including biological evidence was uncovered in the Virginia Department of Forensic Science. The case files dated from 1973 through 1988 and hadn’t yet been put through the DNA wringer.

On a federal grant, the samples were sent to the Justice Policy Center at the Urban Institute for evaluation. Those samples are still being tested and compiled and the final report will likely come later in this year.

Estimates, however, show that the rate of wrongful convictions during the time period of those case files to be around 6%, a shockingly high number. “I would have guessed an error rate of 1 or 2 percent,” said Samuel R. Gross professor of University of Michigan Law School and former defense lawyer. “This is a very big surprise.”

Thirty-seven cases out of the original 638 are said to possibly support exoneration, and definitely warrant further investigation, according to John Roman, senior fellow with the researching Justice Policy Center. As of yet, nothing has been done with those cases in the way of exonerations, however.

Currently, researchers are running with those 37 cases to courthouses and sifting through old files to verify if mistakes were made and if the DNA evidence could eventually lead to exonerations in these decades-old cases. After all of the evidence is gathered, it will be presented to “an expert prosecutor, a defense lawyer, and a former judge” to for final evaluation.

The use of DNA evidence isn’t error proof, but it’s far more reliable than blood typing and could mean the difference between an innocent person spending the rest of their life in prison, or living it out normally. The time period being looked at by this study is particularly interesting because such evidence wasn’t used back then.

Though DNA isn’t available in all cases, other evidence can similarly eliminate you from a suspect pool. Discussing your case with a defense attorney is the first step in learning how the evidence in your particular situation can help or hurt you in court.

If you’ve been accused of a criminal offense in Virginia, contact our offices today to discuss your case.

Filed Under: charges, criminal, evidence

More on Driving I-81 Dangers

October 21, 2009

As we noted before, I-81, especially near Page and Shenandoah counties is a dangerous road. This has been recognized by the Virginia Department of Transportation, and today’s comments about a reckless driving charge for a truck driver who fell asleep add some extra food for thought.

Due to budget cuts, rest areas have been closed, and it is illegal to pull over on the side of the road to sleep. This may have been a significant factor in the accident after the driver fell asleep at the wheel.

Fortunately, there was no one was harmed in this incident. But when you take roads that VDOT and the Virginia State police know to be dangerous, and make them more dangerous due to short term budget constraints, you are toying with public safely in a disturbing way.

Filed Under: criminal, driving, law, reckless

Virginia Assault Charged in Deliberate Fire Attack

August 31, 2009

A Virginia man is being held in a case that left a female acquaintance badly burned. 45 year old James Edward Anderson was riding in the passenger seat of a vehicle with a 37 year old female driver and her 12 year old daughter in the back seat.

Anderson allegedly got angry and sprayed the victim with a flammable liquid before throwing a match on her. According to this article from MyFoxDC.com the victim was able to remove her clothing and the child was able to get out of the vehicle before Anderson left the scene in the car.
The victim flagged down a passing motorist who assisted by calling authorities.

What’s not clear is the relationship between Anderson and the victim. The article states that charges have not yet been filed so we can’t say with 100% certainty that this was a domestic assault.

Under Virginia law, a domestic offense doesn’t have to be between two people who are married. If they were in a romantic relationship, this could be a domestic assault.

Even if the two were simply acquaintances, the use of fire in this offense makes it especially heinous. Depending on the extent of the victim’s injuries, there is a chance Anderson could face charges of malicious wounding.

This offense carries a potential sentence of 20 year in prison. If it is determined that the victim could face permanent physical damage, he could face an even more serious charge of aggravated malicious wounding, which carries a potential life sentence.

Other things that may play into the charges Anderson faces and the sentence he may have to serve include his criminal history and the intent of his actions. If it is determined he planned this assault ahead of time, it could exacerbate his charges as well.

Facing charges of domestic assault or malicious wounding is a very serious event. When looking at spending that kind of time behind bars, an experienced attorney is needed to assist with the case.

If you are facing charges of assault and are concerned about the potential outcome, call me today to discuss the details of your case. I can give you some legal advice and perhaps we can work together to make the most of the situation you are in.

Filed Under: assault, criminal, laws

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