Washington State Postconviction DNA Testing Program Grant Prof

Washington State Postconviction DNA Testing Program Grant • Prof. Jacqueline Mc. Murtrie, J. D. • Director, Innocence Project Northwest Clinic • University of Washington School of Law • Gary Shutler, Ph. D. • Washington State Patrol, Crime Lab Division

RCW 10. 73. 170 • A person convicted of a felony in a Washington state court serving a term of imprisonment may submit to the court that entered the judgment of conviction a motion requesting DNA testing • Court shall grant testing if provisions of statute are met and convicted person has “shown the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis” • DNA testing ordered under this section shall be performed by the Washington state patrol crime laboratory

Limiting Factors: • Legal review of applications • Finding the DNA evidence • Crime lab resources for DNA testing • Specialty DNA testing (i. e. mitochondrial)

Project Component #1 Use paralegal consultants to: • Assist in reviewing application files • Trace what happened to the DNA evidence after the original trial • Assist in filing motions with the court

Project Component #2 Increase Crime Lab resources • Hire an experienced DNA scientist to compensate for the additional workload • Allow for more rapid turnaround for postconviction DNA case testing

Project Component #3 Outsource specialty DNA testing • Mitochondrial DNA testing • YSTR typing

Implementation Plan Legal review of application backlog • Supervised by IPNW Clinical Director, paralegal consultants help determine whether application meets RCW 10. 73. 170 criteria • Paralegal consultants assist in obtaining police reports, court transcripts, tracking evidence and filing motions

Implementation Plan Crime Lab Analysis • DNA Technical Leader or designate to provide technical advise on likelihood of success for meaningful DNA typing on evidence and type of testing to pursue • Evidence for successful applications will be accepted at any of the 5 WSP DNA labs

Challenges • Filling the DNA Forensic Scientist position with an experienced candidate • Setting up the paralegal consultant • Coordinating 2 state entities (WSPCL & UW)

Thank you • Questions?