Fed bureau of investigation codis combined dna index

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Fed. Bureau of Investigation, CODIS, Combined DNA Index System, CODIS Program, Mission Statement and Background, http://www.fbi.gov/hq/lab/codis/program.htm (last visited June 5, 2006). 27
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the CODIS databank. The evidence must be retested using the current standard testing procedure, STR-DNA, in order to enter the results into CODIS. 71. Once in proper STR form, the profile can be compared to the 3,139,038 convicted offender profiles that are in CODIS. 18 In addition, the databank also contains 136,672 forensic profiles 19 that may connect the actual perpetrator of this crime to another that Petitioner could not have committed. In addition to use in CODIS, a STR-DNA profile can also be used to compare the semen to other persons under suspicion during or relevant to the initiation investigation. For example, a saliva sample from Freddy Claxton, who the People asserted at Petitioner’s trial was “probably” the source of the recovered semen, can be subjected to STR-DNA analysis. The profile can also be compared against other suspects from whom comparison samples were never taken. For example, the profile may match Shariff Goodson, another student at Peekskill High School against whom rape and assault charges were brought in 1994 and who, upon information and belief, subsequently committed suicide. 20 72. Proof of Petitioner’s actual innocence could well be provided by STR-DNA test results that demonstrate that a convicted felon in the database is the source of the semen. Certainly, at the very least, such STR-DNA test results would create “a reasonable probability that the verdict would have been more favorable to” Petitioner, thereby entitling 18 Fed. Bureau of Investigation, NDIS Statistics, http://www.fbi.gov/hq/lab/codis/clickmap.htm (last visited June 5, 2006). As of April 2006, CODIS contains 157,077 profiles from convicted felons in New York. Id. 19 Id. As of April 2006, CODIS contains 16,405 forensic profiles from unsolved crimes in New York. Id. 20 On information and belief, Shariff Goodson committed suicide in the mid-1990s. Although no public record of his death is available to private parties, one newspaper account of his mother’s subsequent passing in 2005 noted that Mr. Goodson “predeceased” her. “Obituary of Louise C. Goodson: Peekskill Resident,” N ORTH C OUNTY N EWS , Feb. 2, 2005. 28
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him to testing. N.Y. Crim. Proc. § 440.30(1-a); see also People v. Hayes , 726 N.Y.S.2d 891 (N.Y. App. Div. 2001). Because of the exculpatory potential of STR-DNA testing in this case, release of the biological evidence for testing is also mandated under the Due Process Clause of the New York State Constitution. 73. Certainly, had DNA evidence been admitted at trial demonstrating that a person other than Petitioner raped Ms. Correa—especially a convicted serial offender with no connection to Petitioner—there is a reasonable probability that the verdict would have been more favorable to Petitioner. Indeed, as in the Warney case, it is hard to imagine that were such a result to be obtained here, the conviction and indictment would not be dismissed outright.
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