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Andrew Bergh
Andrew Bergh

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August 20, 2010

Andrew Bergh: Defendants who seek DNA testing face procedural tests

By ANDREW BERGH
Special to the Journal

A Texas man was recently freed after spending 27 years behind bars for a rape he didn't commit. The key that unlocked his jail cell? DNA testing of the victim's clothing that belatedly excluded him as the rapist.

Given the gross injustice that obviously occurs when an innocent man loses his freedom, one might think DNA testing is readily available for those protesting their innocence. But as shown by State v. Thompson, that's not true at all — and maybe just as well.


 
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