Legal Question in Criminal Law in Wisconsin

DNA Evidence used to Free the Innocent
Someone I know was convicted of first degree sexual assault but there wasn't any physical evidence against him. There were no DNA tests done at the time of the trial. DNA tests have been done recently, and he has been excluded because none of his DNA was found anywhere. The victim was married, and DNA found matched her husband's DNA, as well as her own. We are told that even though this person was excluded as being the donor of any DNA found, that is not enough to get him released from prison. They say that there needs to be an ''unknown'' DNA sample found also in order for the DNA testing to exonerate him. Is this true? Shouldn't the fact that his DNA didn't match any found at the scene be enough?

Asked on 12/05/00, 2:15 am

JAY Nixon nixon law offices

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Re: DNA Evidence used to Free the Innocent

You are basically asking whether or not the

presence of any DNA is necessary to support

a conviction. This is simply not the law.

There are numerous scenarios in a sex crime

situation where no DNA would be left, such as

use of a condom, lack of completed intercourse, etc.

Answered on 12/05/00, 8:28 am

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