Wrongfully convicted people in N.H. now have
access to life-saving scientific evidence
By Cynthia Mousseau,
N.H. Staff Attorney
The New England Innocence Project works on the ground in six New England states. Each state has its own particular traditions and processes within its criminal legal system. What’s unique and surprising about New Hampshire is that there have been only two exonerations in the state’s history. We would love to believe that this is because N.H. has a flawless criminal legal system with perfect attorneys and judges. But studies show that a lack of official exonerations is not likely an accurate representation of the true number of wrongful convictions within a state. Once someone has been wrongfully convicted of a crime, it is a genuine uphill battle for freedom. They're often forced to pursue their cases on their own, without an attorney, and litigation can be daunting and confusing. Just the words “post-conviction litigation” would be enough to send many people in search of a dictionary. Adding science into the stew of legalese only serves to further muddy the waters.
Science changed the landscape of criminal trials with the advent of DNA testing in the 90s. DNA testing has been critical in many post-conviction cases: The National Registry of Exonerations reports there have been 376 exonerations involving DNA since 1989. Unfortunately, none of those exonerations took place in the state of N.H. Although N.H. adopted a law in 2004 that allows folks to apply for testing of DNA after they have been convicted, the law was extremely limiting. For example, only incarcerated people could apply for post-conviction DNA testing. And to do so, they had to prove a number of different facts, and submit their application within a certain time frame – and they had to do it all without the assistance of an attorney. These high burdens made it extremely hard for folks that were wrongfully convicted to prove their innocence through DNA testing after their convictions.
To fix these difficulties, the New England Innocence Project and the Innocence Project, Inc. recently drafted an amended version of the law, HB 270, making DNA testing more accessible to people who have been wrongfully convicted in the state. On Wednesday, N.H.'s governor signed the new and improved version into law. HB 270 significantly improves N.H.'s post-conviction DNA testing bill.
Some highlights from the amended law include:
the right to have an attorney to help people access and test DNA after they have been convicted of a crime;
making it easier to get the court to order DNA testing after a conviction;
expanding the availability for post-conviction DNA testing to people who are no longer incarcerated; and
clarifying that there was no statutory time limit on the filing of such a request.
One of the lessons we have learned from our DNA exonerations in other states is that if the laws allow it, innocent people’s cases can and will fall through the cracks. The new law fills in some of those cracks. By ensuring attorney involvement earlier on in the post-conviction process, we provide innocent people with a means of accessing guides in a foreign landscape. By changing the standard of proof and providing for discovery, we ensure that those that are innocent are given a fair chance to access life-saving evidence. By eliminating a timing requirement, we show that there is no expiration date for justice. We are so pleased to have partnered with our friends in N.H., especially Representative Renny Cushing and Representative Casey Conley, to make these important changes for the wrongfully convicted citizens of N.H.