New evidence can be discovered post-conviction. Accordingly, the person who was convicted of a crime may file a petition for post-conviction relief. But how does new evidence come to light after a case is decided?
Here are two ways:
1. DNA testing
In cases where DNA wasn’t correctly tested or available at the time of the original trial, DNA testing can result in new evidence. When a crime scene is not properly managed or evidence is mishandled, DNA from different individuals can get mixed. If a defendant’s attorney investigates the chain of custody and the lab procedures that were used and discovers that DNA samples were contaminated, they can reopen a case.
Additionally, the introduction of new DNA analysis techniques that give more conclusive results is contributing to the reopening of old cases. For example, gone are the days when DNA samples needed to be large enough (contain a sufficient number of cells), for example, a larger bloodstain, to be tested. Today, small DNA samples are accurately tested, which has helped provide new insights into cold cases.
2. Witness testimonies
A witness’s testimony can change a case. For instance, when they recant their testimony. A witness or victim may come forward after a conviction with a changed statement. This happens for different reasons. Some witnesses and victims have reported they were pressured, coerced or misremembered events during the original trial. Others have acquired new information that makes them change their perspective on the incident.
A newly found witness who was not available during the initial trial can also lead to a case being reopened.
It’s not uncommon for cases to be reopened because of new evidence. If you or your loved one needs post-conviction relief, seeking legal guidance is an integral step.