Access+to+DNA+testing


 * ACCESS TO DNA TESTING**

Contrary to the belief of many, there are those convicted who are denied (or in some way made inaccessible) to the option of DNA testing, after their convictions. They though initially pleading guilty, request DNA testings which they hope to prove their innocence, during their appeal.

Only forty-six of the fifty states heave established laws permitting access to DNA testing by convicts, Pennsylvania inclusive. Within its laws it states that convicts are allowed DNA testing post-conviction, though under certain exceptions. Those states who deny the request of DNA testing are Alabama, Alaska, Massachusetts, and Oklahoma.

Federal governments are granted special funds for allowing DNA testing laws governing the access to DNA "are limited to scope and substance", meaning the limitations are based on what the cases involve. Such conditions vary from case to case. Access to DNA testing ties heavily to eyewitness identification as it influences the denial of the requested testing. Some claim the access to DNA testing a constitutional right under the fourteenth amendment. Those in authority deny these claims, fearful that such approval would arouse the claimed innocence by so many who have been convict on charges that may be questioned by allowed DNA testing. They fear that mandatory post-conviction DNA testing would result in the flooding of lawsuits within the court.

__Lesley Jean__ Lesley Jean is a resident of North Carolina. In 1982, he was accused of rape and sexual assault. He was convicted later in the year for 1st degree rape and several counts of 1st degree sexual assault. He was sentenced to two life sentences for the crime. Nine years later, he was released because DNA testing proved that he did not commit the crime. Eyewitness misidentification and government misconduct contributed to Lesley Jean being wrongly accused. He was compensated by the state but nothing will give back those nine years that he spent in prison.

__**Barry Laughman**__ Barry Laughman is a resident of Pennsylvania. On August 13, 1987 his neighbor was found dead in her home after being raped, drugged, and suffocated. Instead of searching for a man who was seen lurking in the back yards the police focused on Barry, who had a injured finger. The police believed that Barry could have injured his finger during the act so the police continued to investigate Barry. A couple weeks after the incident, the police told Barry they found his fingerprints at the scene of the crime. Barry, a 24 year old, has the intelligence of a 10 year old and confessed to the crime, but his facts did not match with the actual evidence. The police did conduct DNA tests when he was first accused. His blood type did not match that of the rapist but they explained the blood type could have altered due to dirt and bacteria. His case was re-evaluated in 1993, the same results were found but were called inconclusive and not worthy of evidence. In 2003 the DNA results were said to be lost, but were found later in the year. The tests were readministered in November by the Orchid Cellmark which released him to supervised house arrest. Then, in August of 2004 the police dropped all charges. False confessions and improper forensic science contributed to Barry being wrongly accused. He was also compensated for the confusion. Innocents