(Source: MIRS.news, Published 02/28/2023) Western Michigan University’s Cooley Law School Innocence Project representatives want the Legislature to expand state DNA testing laws.
Marla Mitchell-Cichon, counsel and former director for the Innocence Project, outlined the agency's legislative priorities, including creating a Forensic Science Commission, to the House Criminal Justice Committee Tuesday.
The WMU Innocence Project would like to see the statute, MCL 770.16, which was “good when it was written,” extended to allow review in cases where the defendant pleaded guilty and to allow testing of any material biological evidence not previously tested or in situations where current DNA technology might render additional information.
Mitchell-Cichon said the proposed expansion would not be a burden because testing is requested through partnerships with prosecutors and local Conviction Integrity Units. However, she said, preparing Michigan for the future as it relates to criminal justice and DNA testing is important.
The proposed Commission, a Forensic Science Task Force recommendation, would be comprised of a cross-section of the legal and scientific community, including research scientists.
Minority Vice Chair Rep. Graham Filler (R-St. Johns) said he’s heard the idea of a commission before, but he’s worried about “political appointees” overseeing law enforcement crime labs.
“I’m not sure what good comes of adding an additional step of oversight on folks who already have oversight,” he said.
Mitchell-Cichon responded that Michigan State Police, who had two members on the task force, could “take a leadership role” and that the commission’s goal would be to ensure “good science is brought to the state” and used in the criminal justice system.
“The Michigan State Police has proven itself as a leader in forensic science,” she said, noting that she’d like to see a wide cross-section of stakeholders on the commission.
Mitchell-Cichon said other priorities include amending the state’s Wrongful Imprisonment Compensation Act to fix inconsistencies and technical problems with the current law; establishing a statewide tracking system for in-custody informants; making law enforcement disciplinary records accessible to the public; and allowing prisoners’ opportunities to obtain public records in their own cases.
The WMU Innocence Project, which is a member of the national Innocence Network, was established shortly after Michigan passed a DNA testing law in 2001. Since that time, its work has exonerated eight Michigan men and supported the exoneration of three others.
