Inmates offered DNA tests

By Diana Baldwin

Published: April 12, 2002

Some inmates convicted of violent crimes in Oklahoma County before 1993 are being given one more chance at freedom by District Attorney Wes Lane.

The county's head prosecutor Thursday unveiled "Project Justice," a program designed to use DNA technology in older cases to make sure no innocent people are in prison.

"I am taking steps to assure the good citizens of this community that the justice system in Oklahoma County, like the justice system in America, continues to be the finest and fairest in the world," Lane said at a news conference with law enforcement representatives.

More than 850 Oklahoma County inmates were convicted of violent crimes before 1993, the year DNA testing became available to the courts. Of that number, it's too early to determine which inmates will fit the criteria.

Lane, joined by officials from the Oklahoma State Bureau of Investigation, Oklahoma Indigent Defense System and Oklahoma Defense Lawyers Association, said the public's lack of confidence in the judicial system led him to implement the program, which is patterned after one in San Diego County.

The troubles surrounding fired Oklahoma City police chemist Joyce Gilchrist and the release of wrongfully convicted inmate Jeff Pierce after he served 15 years in prison added to his decision, he said. Gilchrist was under investigation when Lane was appointed district attorney in July.

"It is the very function of justice to protect the innocent and to convict only the guilty," Lane said.

Jack Dempsey Pointer, Oklahoma Defense Lawyers Association president, called the project impressive.

"A district attorney's office is sitting down with the files after the entire appellate process is gone through and re-looking at a case. That is unprecedented," he said.

Inmates whose cases meet certain criteria will receive a letter from the district attorney offering to test biological evidence in their cases to determine if they were wrongfully convicted.

Once an inmate's request is received, Lane said, his office, the Oklahoma Indigent Defense System and the arresting law enforcement agency will decide whether DNA testing would be beneficial.

State law gives the Oklahoma Indigent Defense System authority to provide DNA testing to determine whether factual innocence exists in cases where the defendant is in prison.

Jim Bedner, Oklahoma Indigent Defense System executive director, said the Legislature allocated limited funds for the DNA testing and there is talk this year of cutting the budget.

DNA testing at a private laboratory can cost up to $2,200.

"We all have an interest here from the standpoint that we're not going to spend money where we don't think it will make any difference because our funds are very limited," Bedner said.

Lane said he doesn't have any money for DNA testing.

It's possible some Oklahoma County cases are already under scrutiny in the Gilchrist inquiry.

Gilchrist's forensic work has been under investigation by the FBI, the OSBI, the state attorney general's office, and the Oklahoma Indigent Defense System for almost a year.

Lane said his office will coordinate with those agencies on the Gilchrist cases.

The OSBI is attempting to find court transcripts and evidence in 196 cases where Gilchrist testified or conducted forensic work.

Attorneys for the Oklahoma Indigent Defense System and attorney general will then review the cases.

All defendants who pleaded guilty will be ineligible, he said.

Sexual assaults - rapes, forcible sodomy and incest - were given priority because of the greater likelihood of biological evidence, Lane said.

Of the 106 sexual assault cases, 68 defendants pleaded guilty and 38 maintained their innocence but were convicted by the court or jury.

Those cases have been forwarded to the arresting law enforcement agency to determine whether the evidence is available for testing before the inmates are sent a letter.

There are 240 inmates in prison for murder and 35 others for manslaughter. Lane said his staff will determine which inmates pleaded guilty, then he will mail letters to the other inmates.

Mickey Homsey, a candidate for district attorney, congratulated Lane on the project but called it politically motivated.

"Wes Lane was a senior assistant in the district attorney's office for several years. I am sure he was aware of problems with the DNA testing being conducted at the Oklahoma City crime lab," Homsey said. "It is a shame it has taken a tough political campaign to motivate him to do the right thing."

Lane said he promises to take quick action to get any inmate wrongfully convicted released if DNA testing conclusively establishes innocence.

"We as law enforcement will move swiftly to see to it that that inmate is both released immediately and that a new investigation is launched to identify the true perpetrator of that crime," Lane said. "We're not afraid of the truth."