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The Innocence Project-Updates

Federal judge: New York man has the right to DNA testing

Posted: 31 Jul 2008 10:03 AM CDT

In an opinion that could have wide implications, Judge John Gleeson of the U.S. District Court for the Eastern District issued an opinion last week finding that New York inmate Frank McKithen has the right to pursue DNA testing that could potentially prove his innocence. McKithen says he was wrongfully convicted of attacking his wife with a knife in 1992 and wants to test the knife for biological material. Read the full opinion here.

The judge wrote: "The Due Process Clause of the Fourteenth Amendment grants a convicted offender access to physical evidence for the purpose of DNA testing if it can be performed with negligible cost to the state and exculpatory results would undermine confidence in the outcome of trial."

The Innocence has project has consulted with McKithen's attorneys at Arent Fox LLP on the case.

Update: Media coverage of stay in Alabama case

Posted: 31 Jul 2008 10:15 AM CDT

Yesterday, Tommy Arthur's execution (previously set for today) was stayed by the Alabama Supreme Court. Read media coverage of the developments below.

Your voice can help obtain justice for Arthur. Join thousands of Innocence Project supporters in sending an email urging Gov. Bob Riley to grant DNA testing now that the execution is stayed.

Media coverage:

New York Times: Court votes to Postpone an Execution in Alabama

Birmingham News: Court delays execution, state can't find rape kit evidence

Birmingham News Editorial: Court had ample reasons to block today's execution

Associated Press: Supreme Court postpones execution

Alabama execution stayed

Posted: 30 Jul 2008 08:30 PM CDT

The Alabama Supreme Court voted 5-4 today to stay the execution of Tommy Arthur, which had been set for 6 pm CST tomorrow.

Read today's breaking news here. (Gadsden Times, 07/30/08)

There is still no plan to test the DNA evidence that could prove Arthur's innocence. Send Gov. Bob Riley an email urging him to order the testing here.

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