How science set Barnes free
Story Created:
Nov 25, 2008 at 4:18 PM EST
Story Updated:
Nov 25, 2008 at 6:01 PM EST
UTICA, N.Y. (WKTV) - After 20 years behind bars, new forensic testing helps overturn Steven Barnes' conviction.
Back in 1985, the body of 16 year old Kimberly Simon turned up in Whitestown. Steven Barnes was said to have raped and murdered her.
Tuesday morning, Barnes appeared in Oneida County court with lawyers from the Innocence Project who took on his case. Oneida County Judge Michael Dwyer vacated his conviction and sentence today. It was new DNA testing that helped set Barnes free.
Innocence project attorney Alba Morales credited DNA testing advances that weren't available the last time DNA testing was done in the Barnes' case...that was back in the 90's.
She specifically referred to testing which helps isolate male DNA from female DNA. In Barnes' case, the DNA evidence was found on Kimberly Simon's clothing, and other samples collected, but recent tests excluded Steven Barnes as a contributor.
While DNA testing has been around for years only recent methods would have provided information that would have helped Barnes' case, "There've been many generations of DNA testing but I would say it's really in the last 3 or 4 years that "Y DNA" testing has become possible on samples of this kind," says attorney Barry Scheck.
Critics say DNA testing is important, but those convicted of crimes involving DNA testing are lucky in certain ways.
Frank Policelli, a private attorney, says there are instances where DNA evidence isn't available and jurors must always consider the burden of proof on prosecutors. namely, that people should be presumed innocent until proven guilty.
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