10 with the support of the district attorney and the

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10 With the support of the District Attorney and the trial court, the Texas Court of Criminal Appeals vacated Mr. Karage’s conviction. Ex parte Karage , 2005 WL 2374440 (Tex. Crim. App. 2005) (not designated for publication). On December 22, 2005, Governor Perry granted Mr. Karage a full pardon on grounds of actual innocence. See Mary Alice Robbins, “DNA Test and Lawyer’s Tenacity Lead to Client’s Exoneration,” T EXAS L AWYER , March 15, 2004, at 1. c) Robert Clark (Atlanta, GA) 59. In 1981, a Georgia woman was abducted by a thin black man, who, at 5’7”, stood only one inch taller than the victim. After she was repeatedly raped, the attacker stole her car. The police arrested Robert Clark after he was found driving the victim’s stolen car . The victim identified him as the perpetrator in a photo array, a lineup, and in court. Mr. Clark insisted that the car was given to him by a friend, Antonio Arnold. Since Mr. Clark was 6’2”, he argued that the victim had misidentified him based on the discrepancy between her assailant’s height and his own, but he was convicted at trial. 11 60. When post-conviction DNA testing was conducted in 2005, the results excluded Mr. Clark; after twenty-three years in prison for a crime he did not commit, he was 10 Entre Nax Karage was convicted and sentenced November 25, 1997, in the 282 nd District Court, Dallas County (Cause No. F-9700731-K). Keith Jordan was sentenced on November 12, 1997, in the 203 rd District Court, Dallas County (Cause Nos. F96-78296- WP and F97-03223-KP). Ex Parte Entre Nax Karage , State’s Proposed Agreed Findings of Fact and Conclusions of Law, at 2, 3, filed June 2004 (on file with counsel). Both the 203 rd and 282 nd District Courts are housed in the Frank Cowley Courts Building. 11 See Bill Rankin, “DNA Absolves Inmate of 1981 Rape,” T HE A TLANTA J OURNAL - C ONSTITUTION , Dec. 8, 2005; Don Plummer, “Free: Wrongly Convicted Man Savors the Days,” T HE A TLANTA J OURNAL -C ONSTITUTION , Dec. 9, 2005. 22
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immediately freed from prison. Further, when the DNA profile was entered into CODIS, Antonio Arnold—the man whom Mr. Clark had originally told the police had given him the victim’s car—was identified as the source of the sperm in the victim’s rape kit. Arnold’s DNA was also linked to two other unsolved rapes, and those charges are now pending against him. 12 II. DNA Testing: Statutory and Constitutional Framework 61. The importance of post-conviction DNA testing was codified by the passage of Criminal Procedure Law Section 440.30(1-a), which became effective on August 2, 1994. This statute provides that convicted persons may obtain DNA testing where evidence containing DNA was secured in connection with their trials and where the court determines “that if a DNA test had been conducted on such evidence, and if the results had been admitted in the trial resulting in the judgment, there exists a reasonable probability that the verdict would have been more favorable to the defendant.” N.Y.
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