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American Morning
States Rejecting Use of DNA Evidence to Prove Guilt or Innocence
Aired September 02, 2003 - 07:37 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: In the last 15 years, more than 130 wrongly convicted prisoners have been freed by DNA evidence. But now it appears that prosecutors across the country are moving to block the use of DNA tests to exonerate inmates. Why are states objecting to using DNA?
CNN's legal analyst, Jeffrey Toobin, joins us to explain -- good morning.
Nice to see you.
JEFFREY TOOBIN, CNN CORRESPONDENT: Good morning.
Nice to see you.
O'BRIEN: So, it seems completely contradictory. How can a prosecutor get up in court and argue that DNA is critical in convicting someone and then turn around when that's challenged and say well, actually, even if it's shown to be irrelevant in the case, that doesn't necessarily free that person?
TOOBIN: Well, what prosecutors are doing, there's growing frustration with the mounting work load of going back in all these cases, defendants saying look, go back to my case five years ago, 10 years ago, 15 years ago, find the evidence and test it using new technologies. So at one level, prosecutors are simply frustrated with the work load on how long and how much time and how much money it takes to do this. But, also, they are saying look, this isn't the only evidence in the case. They're saying that there was eyewitness testimony, there was informants' testy, there were confessions, don't just rely on the DNA evidence.
O'BRIEN: Is DNA evidence used in a huge proportion of cases, would you guess?
TOOBIN: Not really. It's not relevant in cases unless there is physical evidence -- hair, semen, something like that. Any case involving I.D. or confessions, DNA really has nothing to do with it.
O'BRIEN: This has become a big issue in Florida, where there's now this October 1 deadline. Explain for us the October 1 deadline.
TOOBIN: Well, what prosecutors in Florida have convinced the legislature to do is say to prisoners look, if you think DNA can free you, make your request for the evidence by October 1 or lose your chance forever, because we don't want to have to go back over these cases for years and years.
You know, I think I understand why prosecutors are doing this, but there's -- it's very troubling when you think about it, because in a lot of these cases, DNA really can help free people.
O'BRIEN: Well, and also you're talking about 130 people freed over 15 years. That's not a negligible number. I mean, and those are people's lives.
TOOBIN: And some of them from death row, keep in mind, I mean people who were saved from execution. Also, you know, as a former prosecutor, one of the things that I'm reminded of in this story is now in the Justice Department, on the wall there, outside the building, it says, "The government wins its case whenever justice is done." And that was taken seriously by a lot of -- by all prosecutors I knew who say look, if we got the wrong person, it's our job to free them. That's as important an obligation as prosecutors as convicting the guilty.
O'BRIEN: They also point to, though, an interest in finality, wrapping things up, essentially, and also the victims, they say, need closure.
Do they have a point there, do you think?
TOOBIN: Well, they certainly have a point that those are important values. But I don't think victims are so insensitive as to want closure if the wrong person is behind bars. And DNA evidence is so good at excluding people and still so new that prosecutors fighting this process, I think, are really going against the ethics of the profession, as I understand it.
O'BRIEN: Will there be a challenge to that?
TOOBIN: There are always challenges to it. But the legislature can impose this deadline. So, a developing story.
O'BRIEN: Right. It is and it's interesting.
All right, thanks so much, Jeff.
TOOBIN: OK.
O'BRIEN: As always, nice to see you.
TOOBIN: Thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Innocence>
Aired September 2, 2003 - 07:37 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: In the last 15 years, more than 130 wrongly convicted prisoners have been freed by DNA evidence. But now it appears that prosecutors across the country are moving to block the use of DNA tests to exonerate inmates. Why are states objecting to using DNA?
CNN's legal analyst, Jeffrey Toobin, joins us to explain -- good morning.
Nice to see you.
JEFFREY TOOBIN, CNN CORRESPONDENT: Good morning.
Nice to see you.
O'BRIEN: So, it seems completely contradictory. How can a prosecutor get up in court and argue that DNA is critical in convicting someone and then turn around when that's challenged and say well, actually, even if it's shown to be irrelevant in the case, that doesn't necessarily free that person?
TOOBIN: Well, what prosecutors are doing, there's growing frustration with the mounting work load of going back in all these cases, defendants saying look, go back to my case five years ago, 10 years ago, 15 years ago, find the evidence and test it using new technologies. So at one level, prosecutors are simply frustrated with the work load on how long and how much time and how much money it takes to do this. But, also, they are saying look, this isn't the only evidence in the case. They're saying that there was eyewitness testimony, there was informants' testy, there were confessions, don't just rely on the DNA evidence.
O'BRIEN: Is DNA evidence used in a huge proportion of cases, would you guess?
TOOBIN: Not really. It's not relevant in cases unless there is physical evidence -- hair, semen, something like that. Any case involving I.D. or confessions, DNA really has nothing to do with it.
O'BRIEN: This has become a big issue in Florida, where there's now this October 1 deadline. Explain for us the October 1 deadline.
TOOBIN: Well, what prosecutors in Florida have convinced the legislature to do is say to prisoners look, if you think DNA can free you, make your request for the evidence by October 1 or lose your chance forever, because we don't want to have to go back over these cases for years and years.
You know, I think I understand why prosecutors are doing this, but there's -- it's very troubling when you think about it, because in a lot of these cases, DNA really can help free people.
O'BRIEN: Well, and also you're talking about 130 people freed over 15 years. That's not a negligible number. I mean, and those are people's lives.
TOOBIN: And some of them from death row, keep in mind, I mean people who were saved from execution. Also, you know, as a former prosecutor, one of the things that I'm reminded of in this story is now in the Justice Department, on the wall there, outside the building, it says, "The government wins its case whenever justice is done." And that was taken seriously by a lot of -- by all prosecutors I knew who say look, if we got the wrong person, it's our job to free them. That's as important an obligation as prosecutors as convicting the guilty.
O'BRIEN: They also point to, though, an interest in finality, wrapping things up, essentially, and also the victims, they say, need closure.
Do they have a point there, do you think?
TOOBIN: Well, they certainly have a point that those are important values. But I don't think victims are so insensitive as to want closure if the wrong person is behind bars. And DNA evidence is so good at excluding people and still so new that prosecutors fighting this process, I think, are really going against the ethics of the profession, as I understand it.
O'BRIEN: Will there be a challenge to that?
TOOBIN: There are always challenges to it. But the legislature can impose this deadline. So, a developing story.
O'BRIEN: Right. It is and it's interesting.
All right, thanks so much, Jeff.
TOOBIN: OK.
O'BRIEN: As always, nice to see you.
TOOBIN: Thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Innocence>
