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DNA evidence is not rocket science

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Monday, May 28, 2012 9:37 PM

Editor:



DA Russell Wasley spent most of his time at the May 21 candidate forum talking about using DNA evidence in two trials. Wasley also touts his experience with DNA evidence in his campaign literature. According to Wasley, the fact that he has some experience with DNA evidence makes him more qualified to be DA than his opponent. Some people think working with DNA evidence is particularly complex because of the prosecution’s failure to handle it properly in the O.J. Simpson case in the 1990s.

There’s only one problem with Wasley’s argument: Colorado prosecutors have introduced DNA evidence routinely into evidence for over 20 years. DNA evidence can be relevant whenever bodily fluids are recovered in a criminal investigation. While we most often hear about DNA in the context of major felonies, it is used in a wide array of cases. The Division of Wildlife filed an illegal hunting case in Dolores County in 2010 that relied heavily on DNA evidence.

From a technical perspective, the introduction of DNA evidence is no more difficult than introducing the results of any scientific evidence. Any prosecutor with more than six months of experience can easily learn to work with DNA evidence, just as they routinely work with the science of Doppler radar in speeding cases and gas chromatography in DUI cases in traffic court.

When asked at the forum what his greatest achievement as a prosecutor has been, Wasley stated his work on the Ignacio Rael murder trial with former DA Jim Wilson where he introduced the DNA evidence. Rael went to trial on charges including first degree murder. The jury found Rael not guilty of first degree murder. Rael was convicted of second degree murder, which explains why he did not receive a life sentence. Judge Walker sentenced Rael to the maximum sentence for second degree murder. Wasley’s touting the Rael case as a “murder” conviction, while accurate, is highly misleading as he failed to convict Rael of first degree murder and had to settle for a conviction to a less serious charge.



Mac Myers

Mancos

Via CortezJournal.com

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