In 2001, the Florida
Legislature passed a law establishing a two-year deadline for
prisoners to file for DNA tests that could be used to exonerate them
of crimes. It seemed like a good idea at the time. Now it doesn't.
As it turns out, two years isn't enough time for scores of inmates
to gather all the data necessary to justify a request for DNA tests.
The chance to determine if they have been wrongfully convicted will
slip away after the Oct. 1 deadline unless the Legislature or
Florida Supreme Court intervenes.
No one should have to serve time for a crime that he or she
didn't commit. Nor should there be a time limit on proving one's
innocence. State lawmakers, at their earliest opportunity, should
extend the deadline, or, better still, eliminate it altogether. In
the meantime, we hope that defense lawyers ask the state Supreme
Court for an extension of the deadline.
Eliminating or extending the deadline might seem like a
straightforward proposition, but some important people have raised
objections. Foremost among them: state prosecutors, whose job
descriptions, by the way, require that they seek justice -- not
merely win convictions. ''We were in favor of the deadline,'' Buddy
Jacobs, counsel for the Florida Prosecuting Attorneys Association,
told The St. Petersburg Times. ``It brings some finality to the
cases -- finality for the families and victims.''
But who would want ''finality'' to cost an innocent person their
freedom, or worse, their life? The Legislature created the two-year
window for testing after DNA tests exonerated Frank Lee Smith, a
Broward County man who died of cancer while on Death Row nearly a
year before new tests cleared him of the 1985 rape and murder of an
8-year-old girl. Since then, another South Florida man, Jerry Frank
Townsend, has been cleared of rape and murder after DNA tests showed
that he wasn't involved in the crimes for which he served 22 years
in prison.
In Florida, at least 23 inmates have been cleared of murder
convictions since 1972, a fact that prosecutors and police say
proves that the criminal justice system works. In truth, most of the
exonerations have come despite the strenuous objections and vigorous
opposition of the law-enforcement community. Indeed, many of the
exonerations have resulted from the work of volunteer law students
and pro-bono lawyers working with independent groups such as the
Innocence Project at Cardozo Law School in New York, which has an
affiliate in Florida.
State lawmakers should be mindful of two facts as the deadline
approaches: DNA testing isn't a magic elixir that automatically
produces positive results for convicts. It can prove guilt as well
as innocence. And second, the criminal justice system isn't
infallible. Mistakes are inevitable. Correcting the errors is
everybody's duty, particularly prosecutors, judges and lawmakers who
are in a position to make changes.