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DNA Testing Access

General Information
 * 48 of the 50 states have post-conviction DNA testing access, but many of these are very limited as to what can be tested and when.
 * Cannot best tested if they originally pled guilty, even though cases in the past have shown that some pled guilt when they were in fact innocent
 * Prosecutors have said that the DNA evidence in cases will not be enough to prove innocence. They say that just because it shows his DNA was not the one involved, that doesn’t mean they weren’t a part of the crime. The laws are easy to avoid by prosecutors and judges often rule in favor of the prosecutor.
 * The prosecution often opposes DNA testing when there is more than 1 defendant involved. Law enforcement officials often say, “ ‘We’re not going to consider the possibility that a third party did it,’ ” Mr. Scheck said, adding, “which is completely crazy because you use the databank every day to make new criminal cases.”
 * As long as it happens in a “timely manner”, prisoners are granted DNA testing.

Common Problems with DNA Testing Law
 * It is nearly impossible to meet all requirements in order to appeal for a test. In situations when one may have pled guilty, not asked for testing in the first place and especially when an eye witness testimony is involved in conviction, the judge will have means to deny requests for testing.
 * cannot appeal if DNA testing is denied
 * lack of preservation of DNA results in loss of evidence.

Case Examples
 * Johnny Lee Savory - convicted of double murder. testing denied on the grounds that the 175 other criminals exonerated was not “statistically significant” enough to help his cause.
 * Bruce Godschalk - convicted of rape and murder. After a trial involving eye witness testimony and DNA evidence that couldn't prove his innocence, he was sent to jail. However, he fought for innocence for more than 15 years in jail. After being turned down by every court, the Federal Courts finally granted him testing. It took another two years after that for him to be released.

The Case of Noel Montalvo
 * Noel Montalvo was convicted for the 1998 murder of Miriam Acenscio and Nelson Lugo in York County, PA. Miriam and Nelson were stabbed repeatedly in their home in the very early morning of April 19th, 1998. Originally, the only suspect in the case was Mr. Montalvo's brother, Milton Montalvo. However during Milton's original case, his defense raised the point that it was, in fact, Noel that murdered the victims. Miriam was the common law wife of Milton, but had recently separated from him. DNA testing was conducted for the original case, which showed that the only DNA on Miriam's body was that of Lugo, and not the Noel Montalvo. These results excluded Noel as a suspect. But, the results were overpowered by an eye witness statement that explained that both brothers confessed killing the vicitims, Noel saying he killed Miriam and Milton claiming the death of Nelson. Milton was convicted as well as Noel, while Noel received the death sentence.
 * As stated above, DNA testing was shown to prove Noel innocent. However, as it too often the case, another piece of so called evidence in the case can overpower those results. Later on, Soto, the eyewitness, revoked her testimony and stated that police forced her into lieing about what she heard. However, when Noel appealed his death sentance, a jury reaffirmed his punishment. The false statements that Soto made ended up overpowering any other evidence.

Additional Information [|__http://www.innocenceproject.org/news/LawViewstate2.php?] [|state=PA_] [|__http://www.innocenceproject.org/Content/Access_To_PostConviction_DNA_Testing.php_]

__A total of 200 people have been exonerated from DNA. Out of__ __those 200 people, 138 of them were facing the death penalty.__