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Washington State
Postconviction DNA Testing
Program Grant
• Prof. Jacqueline McMurtrie, 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?