New England Innocence Project » DNA Access Laws

Massachusetts DNA Access Law Goes into Effect Today!

ewilcosk — Thu, 17 May 2012 15:06:17 +0000

Today the Post Conviction Access to Forensic and Scientific Analysis Act goes into effect in Massachusetts, allowing potentially innocent inmates access to DNA evidence in their cases. This law represents years of hard work and is a huge step in the right direction for justice in Massachusetts. Massachusetts is the 49th state in the U.S. to enact a law of this kind. NEIP worked alongside a representative group of stakeholders convened by the Boston Bar Association that included prosecutors, defense attorneys, law enforcement, and crime lab personnel to educate lawmakers about the importance of such legislation.

Read Gregory Massing and NEIP Board Member David Siegel’s piece in the Boston Bar Journal discussing the new law.

Access more materials about the new law.

Above left: The House Gallery during the momentous vote on February 8, 2012.

DNA Access Bill Becomes Law!

ewilcosk — Fri, 17 Feb 2012 20:15:46 +0000

On Friday, February 17, 2012 Massachusetts Governor Deval Patrick signed bill S.1987 into law, allowing potentially innocent inmates access to DNA evidence in their cases. Friday’s signing represents years of hard work and is a huge step in the right direction for justice in Massachusetts. The cost-neutral bill passed the Massachusetts Senate unanimously in July of 2011 and was again passed unanimously by the Massachusetts House of Representatives on Wednesday February 8, 2012. Representative John Fernandes, who co-sponsored the bill with Senator Cynthia Creem, urged the House to pass the bill saying, “We hold freedom highest among the rights that we cherish. One day, one week, one year, is too long for anybody wrongfully convicted to be held in prison. For the over 280 cases where DNA testing has resulted in reversals the average time in prison was 13 ½ years. No one should miss that much of their life.”

Massachusetts is the second-to-last state to pass a law of this kind and NEIP has worked hard alongside a representative group of stakeholders convened by the Boston Bar Association that included prosecutors, defense attorneys, law enforcement, and crime lab personnel to educate lawmakers about the importance of such legislation. On the House floor on February 8, Representative Fernandes told the story of NEIP exoneree Kenny Waters and his sister Betty Anne Waters, who dedicated 18 years of her life to proving her brother’s innocence. Ms. Waters and NEIP exoneree Dennis Maher, who spent 19 years in prison for a crime he did not commit, testified during the judiciary hearings in June 2011 in support of the bill. Because Massachusetts did not have a DNA access law, Mr. Maher spent an additional 6 years in prison before DNA testing proved his innocence.

Read the Boston Herald article about the new law.

You can watch a video of the bill being debated here. Representative Fernandes’ remarks on the bill begin at the 78 minute mark.

Read the Milford Daily News Article about the bill.

Above left: The House Gallery during the momentous vote yesterday.

Massachusetts House of Representatives Unanimously Passes DNA Access Bill!

ewilcosk — Wed, 08 Feb 2012 23:33:12 +0000

The New England Innocence Project (NEIP) is thrilled to announce that on Wednesday February 8, 2012 the Massachusetts House of Representatives unanimously passed bill S.1987 which would allow potentially innocent inmates access to DNA evidence in their cases. The cost-neutral bill passed the Massachusetts Senate unanimously in July of 2011. Representative John Fernandes, who co-sponsored the bill with Senator Cynthia Creem, urged the House to pass the bill saying, “We hold freedom highest among the rights that we cherish. One day, one week, one year, is too long for anybody wrongfully convicted to be held in prison. For the over 280 cases where DNA testing has resulted in reversals the average time in prison was 13 ½ years. No one should miss that much of their life.”

Massachusetts is the second-to-last state to pass a bill of this kind and NEIP has worked hard alongside a representative group of stakeholders convened by the Boston Bar Association that included prosecutors, defense attorneys, law enforcement, and crime lab personnel to educate lawmakers about the importance of such legislation. On the House floor yesterday, Representative Fernandes told the story of NEIP exoneree Kenny Waters and his sister Betty Anne Waters, who dedicated 18 years of her life to proving her brother’s innocence. Ms. Waters and NEIP exoneree Dennis Maher, who spent 19 years in prison for a crime he did not commit, testified during the judiciary hearings in June 2011 in support of the bill. The passage of the bill represents years of hard work and is a huge step in the right direction for justice in Massachusetts. The bill will now be sent to Governor Deval Patrick to sign into law.

You can watch a video of the bill being debated here. Representative Fernandes’ remarks on the bill begin at the 78 minute mark.

Read the Milford Daily News Article about the bill.

Above right: The House Gallery during the momentous vote yesterday.

House Debates DNA Access Bill Today!

ewilcosk — Wed, 08 Feb 2012 16:29:33 +0000

Today is the day! The MA House of Representatives will be debating the DNA Access bill later today. If passed, potentially INNOCENT inmates in MA will be able to test the DNA evidence which could prove their innocence.

It’s not too late to call your representative and urge them to support the bill.

You can also watch the legislative session online.

UPDATE- DNA Access Bill Awaits House of Representatives Discussion

ewilcosk — Thu, 02 Feb 2012 14:00:25 +0000

UPDATE-If you an innocent person in prison in Massachusetts, and there is DNA evidence in your case, you do not have the right to test that evidence under current laws. NEIP exoneree Dennis Maher spent 6 extra years in prison because Massachusetts does not have a DNA access law. The bill passed unanimously in the Massachusetts Senate last July. It seems that at long last the Massachusetts House of Representatives is slated to discuss a new bill that would ensure the right to testing. Massachusetts is one of only two states without this law. Please spend 2 minutes to call your representative and tell them this important bill matters to you. Read the Senate Bill here. Find your representative here. Let’s not let Massachusetts be the last state in the US to get this done. Thank you!

Read the Boston Globe Magazine’s cover story about the bill.
(originally published 7/29/11)
Massachusetts Senate passes DNA Bill Unanimously
The Massachusetts State Senate unanimously passed S.1987 yesterday granting inmates access to post-conviction DNA testing. After a 37-0 Senate vote in favor of the bill, the legislation will now be debated by the House of Representatives in the coming weeks. Massachusetts is currently one of only two states without a post-conviction DNA access law. (The other is Oklahoma.) Before debate on the bill yesterday, Senator Cynthia Creem, one of S.1987’s sponsors, recognized NEIP Executive Director Gretchen Bennett and Betty Anne Waters on the Senate floor for their work in support of the bill.

From left to right: Marty Murphy, Partner at Foley Hoag, Betty Anne Waters, Senator Cynthia Stone Creem, Chair Joint Committee on the Judiciary and NEIP Executive Director Gretchen Bennett at the Massachusetts State House.

News Roundup: DNA Access Bill

ewilcosk — Wed, 30 Nov 2011 16:41:25 +0000

As the House of Representatives debates pending legislation granting inmates access to post-conviction DNA testing several news outlets have written stories exploring the topic. In July, the Massachusetts State Senate unanimously passed S.1987 granting inmates access to post-conviction DNA testing. The legislation is currently under review by the Ways and Means Committee in the House of Representatives. The House has until July to pass the bill by majority vote, or next December by unanimous vote. Massachusetts is currently one of only two states without a post-conviction DNA access law. (The other is Oklahoma.) Bills relating to post-conviction DNA testing have been brought before the legislature several times since 2003, although to date none have passed. Below is a compilation of recent articles about the proposed DNA access bill.

Boston Globe Magazine: 11/18/11

WGBH 89.7 Public Radio: part 1- 11/21/11 & part 2-11/22/11

WBUR 90.9 Boston’s NPR News Station: 11/23/11

Taunton Daily Gazette: 11/26/11

Massachusetts Senate to Debate DNA Access Bill

ewilcosk — Thu, 28 Jul 2011 15:33:27 +0000

This afternoon the Massachusetts State Senate will consider Senate Bill 1987 allowing inmates access to DNA testing. The formal session starts at 1pm. Betty Anne Waters and NEIP Executive Director Gretchen Bennett will be recognized by Senator Cynthia Stone Creem from the floor of the senate for their work in support of DNA testing that could prove innocence. If the bill receives a favorable vote in the Senate, it will then be discussed in the House of Representatives at a later date. You can watch the Senate session live by following this link and clicking the “See Live Video” link at the right hand side of the page: http://www.malegislature.gov/

NEIP Executive Director Speaks About Wrongful Convictions

ewilcosk — Mon, 02 May 2011 19:12:50 +0000

NEIP Executive Director Gretchen Bennett was featured on the April 11th segment of the Callie Crossley Show. Gretchen was joined by Betty Anne Waters, who became a lawyer after her brother was wrongly convicted and ultimately secured his exoneration after 18 years in prison, and Brandon Garrett, a law professor at the University of Virginia who specializes in DNA exonerations. The trio spoke about the problem of wrongful convictions and the need for reform. In particular, they discussed the role DNA has played in hundreds of exonerations and Massachusetts’ status as one of only two states without a law granting inmates access to DNA testing that could prove their innocence. Of the New England states, only Massachusetts does not have a DNA Access Law, and all but Massachusetts and Vermont also have laws requiring preservation of DNA evidence.

Listen to the interview here.

Read State DNA Access and Preservation Laws here.

Boston Globe Focuses on Wrongful Convictions and Post Conviction DNA Access in Massachusetts

ewilcosk — Wed, 13 Apr 2011 13:28:05 +0000

This week, two Boston Globe articles have shed light on wrongful convictions in Massachusetts, and what can be done to remedy them. In an op-ed, Brandon Garrett, a law professor at the University of Virginia, writes about Massachusetts exoneree Neil Miller. Miller was convicted of rape, largely based on mistaken eyewitness testimony. Garrett points out the problems in the system that cause wrongful convictions time and time again. He recommends that all states adopt DNA preservation and access laws, and advocates for requiring that all police interrogations be videotaped.

Another Globe article this week focused on Massachusetts’ lack of a DNA access or DNA evidence preservation law. A DNA access law would mandate access to post-conviction DNA testing for inmates, with certain restrictions. A DNA preservation law would require that DNA evidence in a case be preserved for a certain amount of time. The article points out that Massachusetts is one of only two states nationwide that does not have a DNA access law (the other is Oklahoma). However, the article incorrectly states that inmates still have access to testing. Unfortunately, this is not the case. An inmate can request testing, but there is no guarantee at this time that his or her request will be granted by the court. Additionally, because Massachusetts has not enacted a DNA evidence preservation law, officials are currently free to destroy DNA evidence related to a defendant’s case, so there may be no evidence left to test. While some inmates ultimately receive testing, others do not. The New England Innocence Project, in conjunction with other Massachusetts organizations, is in the process of trying to get a bill passed that would allow all inmates access to DNA testing and would require that all DNA evidence related to a defendant’s case be preserved.

For Garrett’s op-ed, click here.
To read the complete Globe article about DNA testing, click here.