74 moreover str dna testing and a codis search could

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74. Moreover, STR-DNA testing and a CODIS search could yield a link to other similar, unsolved crimes. Indeed, one such crime from Westchester County is already in CODIS. Two years before the rape and murder for which Petitioner was convicted ( i.e., when Petitioner was in junior high school), 20-year old Geraldine Sniffen was found beaten to death on the Blue Mountain Reservation in Cortlandt, close to where Ms. Correa was murdered. 21 On March 15, 2006, undersigned counsel spoke to Linda Duffy about that murder, which remains unsolved, and inquired as to whether evidence was still available. Ms. Duffy confirmed that the Sniffen murder remained unsolved, and that as part of a “cold case” project the Westchester lab had, on its own, recently tested fingernail scrapings and obtained a foreign male DNA profile from under Ms. Sniffen’s nails, which it had entered into CODIS. STR from this case can be compared to that unknown profile, along with thousands of other unsolved crimes in CODIS as discussed supra . 21 David Fondiller, “Peekskill Copes with Murder,” G ANNETT W ESTCHESTER N EWSPAPERS , Nov. 21, 1989, at A 15 (“Fondiller article”). 29
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75. Since it simply cannot be known ahead of time what the DNA testing will show, and because DNA testing certainly has the potential to exonerate Petitioner (whether by showing that the DNA profile in the semen matches another convicted felon who admits to the murder, or an unsolved crime that Petitioner could not have perpetrated), STR-DNA testing for that purpose is appropriate. 76. The merits of Petitioner’s request are further confirmed by the fact that STR-DNA testing and CODIS databank searches have, in recent years, become the norm in police investigations of similar crimes. Surely, there can be no question that if Ms. Correa’s rape and murder had been committed in 2006, the State would have immediately performed STR analysis on the vaginal swabs for purposes of entering the DNA into CODIS. See Nat’l Inst. of Justice, Office of Justice Programs, U.S. Dept. of Justice, Using DNA to Solve Cold Cases , Publ’n No. NCJ194197 at 21 (July 2002); see also Nat’l Inst. of Justice, Office of Justice Programs, U.S. Dept. of Justice, What Every Law Enforcement Officer Should Know About DNA Evidence (Oct. 1999). 77. Public safety also warrants further testing in this case. Many serious crimes have been solved in recent years through hits in the databank, often linking inculpatory evidence to individuals who were imprisoned for lesser crimes and nearing release or on parole. See, e.g., David Chanen, “Release Cancelled For Convict Whose DNA Is Linked to '94 Rape; Retesting Found The Match With a Case Involving a Teen,” S TAR T RIBUNE , Apr. 1, 2004, at 7B (DNA from the 1994 rape of a fifteen year old girl was matched to an inmate less than a month before he was to be released from a Minnesota prison where he was serving time for a subsequent attempted sexual assault); Andrew Blankstein, Richard Winton, & Zeke Minaya, “DNA Links Decade-Old Murder Spree to Inmate,” L OS A NGELES T IMES , Nov. 4, 2003(DNA 30
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