Prosecutors angered over calls for new DNA tests

By Marc KOVAC

news@vindy.com

COLUMBUS

The Ohio Prosecuting Attorneys Association is “dismayed and surprised” by requests from Gov. Ted Strickland and Attorney General Richard Cordray to retest DNA evidence in seven criminal cases.

In a letter to Strickland and Cordray, the association’s executive director, John E. Murphy, wrote, “We are stunned that you would take on these cases, so critical to victims of crimes, based upon discussions with criminal defense attorneys rather than the prosecutors. The action you have taken unfortunately gives the impression that you have taken sides, and you have done so with only the convicted criminals’ side of the arguments.”

Earlier this week, Strickland and Cordray asked prosecutors in seven Ohio counties to allow retesting of DNA evidence: “[In order] to clarify the guilt, innocence or identity of a person suspected or convicted of a crime, significant efforts should be made to accomplish that testing. ”

Most of the cases were spotlighted as part of a series by The Columbus Dispatch and the Ohio Innocence Project. But the state prosecutors group noted that “in each of these cases, the courts have previously denied DNA testing, in some cases repeatedly. The issue is whether a test would establish guilt or innocence. The courts have denied each of their applications because they concluded that the results would not definitively establish guilt or innocence.”

The group added, “We are very disappointed that you would discuss the state’s cases with defense counsel and the Innocence Project without the knowledge or participation of the prosecuting attorneys responsible for the cases.”

Five of the seven prosecutors who received the letters from Strickland and Cordray serve on the state association’s executive committee.