9 to date 180 convicted persons have been proven

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9 To date, 180 convicted persons have been proven innocent through post-conviction DNA testing in the United States. Eighteen of these exonerations occurred in New York. 54. In several exoneration cases, the same DNA tests led to the identification and conviction of the true perpetrator through the CODIS databank. Notably, these include cases like Petitioner’s, in which biological evidence tested prior to trial already excluded the convicted defendant as the source, yet a post-conviction STR test and CODIS “hit” later exonerated them. Three examples follow: a) Douglas Warney (Rochester, NY) 55. On May 17, 2006, DNA testing excluded Douglas Warney as the perpetrator of the 1996 murder of William Beason, after a CODIS databank hit on blood from the crime scene led law enforcement to the real perpetrator. As in Petitioner’s case, at Mr. Warney’s 9 To illustrate, after identifying a primary suspect and sending evidence for testing at the F.B.I.’s laboratory, DNA excluded 20 percent of the primary suspects and resulted in a match with the primary suspect in only about 60 percent of the cases. Nat’l Inst. of Justice, Office of Justice Programs, U.S. Dept. of Justice, Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence After Trial , Pub. No. 161258 at xxviii (June 1996). See also Marcus Franklin, “DNA Pinpoints a New Suspect in 2003 Slaying,” S T . P ETERSBURG T IMES , Jan. 8, 2004, at 1B (after being entered into the national database, DNA evidence from the crime scene matched the profile of a convicted sexual predator and cleared a suspect who had been in jail for one year); “Murder Charge Against Brother Dismissed After DNA Testing,” C ANADIAN P RESS N EWSWIRE , Nov. 4, 2003 (second-degree murder charge against a man accused of killing his brother dropped due to DNA evidence pointing toward someone else). 19
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original trial, the State had no physical evidence linking him to the brutal stabbing. Indeed, the jury knew there was biological evidence (blood from a donor other than the victim) that had already excluded Mr.Warney as the source. Yet the State prosecuted Mr. Warney, and secured a conviction, almost entirely on the basis of a confession he had given to police before these forensic tests were conducted. Mr. Warney’s confession, as with Petitioner’s, was said to contain details that only the actual perpetrator of the crime would know. See Gary Craig, “Innocent Man Freed After 10 Years in Prison,” R OCHESTER D EMOCRAT & C HRON ., May 16, 2006; Jim Dwyer, “Inmate to Be Freed as DNA Tests Upend Murder Confession,” N.Y. T IMES , May 16, 2006, at B1, B6; “DNA Is Good for the Soul” (editorial), N.Y. T IMES , May 17, 2006, at A22; Gary Craig, “Inquiry Urged in Warney Case,” R OCHESTER D EMOCRAT & C HRON ., May 18, 2006. (Attached as composite Exhibit B.) Such details included that the victim was wearing a nightgown, that he had been cooking chicken, and that the killer cut himself with a knife and wiped it with a tissue in the bathroom. See Gary Craig, “Inquiry Urged in Warney Case,” R OCHESTER D EMOCRAT & C HRON ., May 18, 2006.
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