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DNA

Criminals may get more protection in Colorado

Story By: Bea Karnes
Source: AP

Denver Published 201 day(s) ago

Convicted criminals would automatically get a new trial if DNA evidence is destroyed under a bill given initial backing by the Colorado Senate. The measure was inspired by the case of Clarence Moses-EL, who says he was wrongly convicted of a 1987 rape in Denver. Police destroyed evidence in the case after a judge ordered it be tested
further.

The bill has broad bipartisan support, but is opposed by prosecutors. Crime victims and their families worry they would have to go through another trial even if there's other strong evidence in the case.

Republican Sen. Josh Penry says clemency should be considered in Moses-EL's case but the Legislature shouldn't change the law to respond to it. Democratic Sen. John Morse says the change is needed because the case has uncovered a hole in the current system.  The bill must pass another vote in the Senate before it goes to the House.

In 2006, it became public that the Colorado Springs Police Department destroyed 11,000 pieces of evidence. The destruction of evidence caused a shake-up inside the department. It's unknown which cases from Colorado Springs would be impacted if this bill becomes law.

 

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