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03/05/2012 08:40 PM

Pushing for more than just DNA

A proposal to Expand the state's DNA database isn't good enough, said members of the New York State Bar Association. They agree with the governor that DNA can help exonerate the innocent and convict the guilty. But they say wrongful convictions are caused by a number of other factors and those should be addressed, too. Our Erin Vannella has more.

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“Prison, I would call it my hell on earth. I wouldn't wish it on my worst enemy,” said exoneree, Steven Barnes.

Steven Barnes served 19 years for murder, rape, and sodomy before being proven innocent but DNA evidence alone he said, wouldn't have helped.

“I was interrogated. I was accused. I was yelled at. Cops did tag team interrogation. It was really brutal,” said Barnes.

Barnes' case is one of many inspiring leaders of the New York State Bar Association and the Innocence Project to add more components to Cuomo's DNA expansion plan. There are six major issues announced Monday they want to address:


  • Misidentification by eyewitnesses

  • Errors by a government actor

  • Errors by representing attorney

  • Mishandled forensic evidence

  • False confessions

  • Jurors reliance on false testimony

    • Solutions to these issues that bar association members want added to Cuomo's plan include:


      • Mandating videotaped interrogations

      • Improving police lineups

      • Keeping a closer eye on evidence handling

      • Granting a defendant the right to obtain a DNA test

        • Joseph Lentol, Assembly Code Committee Chair said, “As a prosecutor I believe that the criminal justice system was good and right. I now believe it is a very good system but it is not always right.”

          Barnes said, “When I was locked up all them years I used to tell people in jail I was innocent and they said yeah everybody says that. You're not well liked in prison with a rape charge. It was really rough.”

          Governor Cuomo's DNA expansion plan was part of his proposed 2012-2013 budget. Lawmakers have until March 31st to pass the spending plan.