Of a california prison inmate matched to biological

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of a California prison inmate matched to biological evidence from five murders three months before he was set to be released after serving time for armed robbery); Shalia K. Dewan, “New Testing of DNA Evidence Leads to Arrest in 1994 Death , N.Y. T IMES , Oct. 9, 2004 (1994 slaying of a woman in the Bronx considered a closed case until a DNA match obtained from evidence found at the scene proved that her nephew, who was on parole, was the actual perpetrator). If, in fact, Ms. Correa was raped and murdered by another individual who remains at large or is about to be released from custody, surely the State would have an interest in identifying and prosecuting him without delay. III. False Confessions 78. The above-mentioned advances in DNA technology in the fifteen years since Petitioner’s trial have been accompanied by substantial additional research in the area of false confessions. In large part due to the wave of DNA exonerations over the last decade, the problem of false confessions by the innocent is now well documented. See e.g., Steven A. Drizin and Richard A. Leo, The Problem of False Confessions in the Post--DNA World, 82 N.C. L. R EV 891, 892-894 (2004) (documenting 120 proven false confession cases and discussing the impact of DNA exonerations on false confession research and interrogation practices ). In fact, in approximately 24% of the 180 post- conviction DNA exoneration cases to date, the wrongful convictions were based, in large part, on confessions, admissions, or inculpatory statements that DNA evidence later proved to be false. 22 22 The cases in New York include the following: Dennis Halstead, John Kogut, Antron McCray, John Restivo, Kevin Richardson, Yusef Salaam, Raymond Santana, Douglas Warney and Kharey Wise. The cases in other states include: Kenneth Adams (Illinois), Dennis Brown (Louisiana), Clyde Charles (Louisiana), Rolando Cruz (Illinois), Richard Danzinger (Texas), Charles Irvin Fain (Idaho), Dennis Fritz (Oklahoma), Bruce Godschalk (Pennsylvania), Anthony Gray (Maryland), Paula Gray (Illinois), William Gregory (Kentucky), Alejandro Hernandez (Illinois), Verneal Jimerson (Illinois), David 31
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79. Petitioner, who was only 16 years old at the time of his arrest, was convicted of the rape and murder of Ms. Correa almost entirely on the basis of his post-interrogation confession. Yet the fact that the confession contained details of the crime that “only the perpetrator could have known” does not negate the capacity of DNA testing to prove his innocence. In June 2003, for example, the convictions of Dennis Halstead, John Restivo, and John Kogut of Nassau County were vacated after post-conviction DNA testing proved that, contrary to Kogut’s detailed, videotaped confession, they did not commit the rape and murder of the 16-year old victim in 1986, as another man was the source of the semen from her vaginal swabs and slides. Mr. Kogut was acquitted at retrial in December 2005, and the District Attorney dismissed the indictments against the remaining two defendants the following week. See Robin Topping, “Cleared of Murder, Finally,” N EWSDAY , Long Island ed., Dec. 22, 2005, at A9, A26; Robin Topping,
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