A story in today's Fort Worth Star Telegram about a man who has been in prison for 15 years and has just been released based on DNA evidence discusses the fact that the two who were implicated cannot be prosecuted. Why? The statute of limitations has run out.
There is a statute of limitations for every crime and once it runs out the perpetrator can never be tried for that crime. The only exception is first degree homicide which has no statute of limitations.
What makes this story even more disturbing is that this is the 19th time since 2001 that someone in Dallas County has been exonerated after serving many years in prison. According to the Innocence Project this number is a national high and not something to be proud about.
Because of problems with the crime lab in Dallas under the former prosecutor, the chances are good that 19 will not be the last number.
No matter the cost of testing, DNA testing should be used when evidence is available and an inmate requests it to prove his/her innocence. An Arlington man has been on death row for 25 years and just had a stay of execution with a hearing scheduled to allow DNA testing and the admission of evidence that was not known until a few years after the conviction.
No matter where one stands on the issue of the death penalty, none of us wants to see an innocent person executed.
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