Many innocent people wrongfully convicted and serving time in Texas prisons could be exonerated through DNA testing.  However, there are barriers that prevent these people from having their cases re-examined.  Specifically, a court may only order post-conviction forensic DNA testing if two tests are met: (1) the results of a DNA test alone are sufficient in proving a defendant’s innocence of a crime, and (2) identity was or is the deciding issue leading to incrimination in the case. These prerequisites often work to deny a defendant the right to DNA testing if someone at trial has testified categorically that the defendant was the perpetrator. 

Key components to increase opportunities for justice among those wrongfully convicted include the following:

• Amend Texas’ post-conviction DNA statute to untie judges’ hands in granting DNA tests.  In capital cases, forensic testing should be permitted where it has the scientific potential to produce new, non-cumulative evidence relevant to the defendant’s assertion of actual innocence, even if the results alone may not completely exonerate the defendant.

• Amend Texas’ post-conviction statute to remove barriers to compensation after exoneration.  In order to bring Texas into line with other states, Texas should remove the $500,000 cap for payments to the wrongfully convicted to aid them in restoring their lives (shelter, employment, medical care) post-exoneration.  In addition, the law should clarify that in order to receive payment, a wrongfully convicted individual should not first be required to obtain a certification of actual innocence from the District Attorney in the county of conviction (usually, the prosecutor that convicted him or her).