Tuesday, February 28, 2012

Alabama Denies DNA Test To Potentially Innocent Man On Death Row

This is simply evil.

http://thinkprogress.org/justice/2012/02/28/433859/alabama-denies-dna-test-to-potentially-innocent-man-on-death-row/

By Ian Millhiser on Feb 28, 2012 at 5:40 pm

Andrew Cohen chronicles the many uncertainties in Alabama’s case against Thomas Arthur, who was convicted of murder three decades ago and is scheduled to be executed next month. They include a key witness who recanted and then unrecanted her testimony, another man who admitted to committing the murder, and a wig containing DNA evidence that likely belongs to the real killer.

Alabama, however, refuses to allow this evidence to be tested even though it would cost the state nothing to do so:

[...]

Arthur’s attorneys are even willing to pay for that testing, the few thousand bucks it would be, and the testing could be completed by the execution date. It is here where prosecutors and judges lose me when they prioritize “finality” in capital punishment cases at the expense of “accuracy.” It would cost Alabama nothing to let Arthur’s lawyers do the testing. And it might solve a case that already has cost the state millions of dollars. Instead, Alabama wants to finally solve its Arthur problem by executing him. No matter how the new DNA test could come out, the state is more interested in defending its dubious conviction.

Alabama can thank the five conservatives on the Supreme Court for its ability to deny Arthur an opportunity to prove his innocence. In 2009, a 5-4 Supreme Court denied a similar DNA test to a potentially innocent man in Alaska.

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