New York State Has No Evidence Preservation Law

There is no state law in New York State requiring the preservation of evidence.  This article from the Philadelphia Inquirer helps explain why this is important. According to Innocence Project statistics, "Of the 261 exonerations involving DNA evidence nationwide, half involved a failure to provide exculpatory evidence to the defense at trial." Also keep in mind that many of those DNA exonerations required testing of evidence that still existed many years after the defendant was convicted and sent to prison. Had that evidence not been preserved, these innocent persons would never had the opportunity to prove their innocence. Remember, this evidence existed, was preserved but never tested. What about evidence that was never disclosed or revealed? Again, according to this article, "In many states, and under federal law, defendants are given access to government files after conviction. In Pennsylvania, that's not the case. So evidence that could prove that the wrong person is in prison can sit forever undiscovered." Who are these laws or the lack of some laws protecting? It certainly does not ensure that we are constitutionally protected. Again this article further points out, "The potential for abuse is easy to see: Without any requirement that the prosecution hand over material, there's no way to determine whether the government has met its constitutional obligations. And a prosecutor who neglects or decides not to provide an exculpatory piece of evidence need not fear detection, as it will never be disclosed.

After a defendant has been convicted in Pennsylvania, information is even more difficult to obtain. Under the law, a defendant may not engage in a fishing expedition for exculpatory evidence. But the defendant has no way of knowing what potentially exculpatory information exists."

You must understand that our innocence, our freedom and our liberties hang by a thread that is controlled by the ethical and truthful use of the laws and procedures that were set forth to protect us. And with the rising number of exonerations, the exposure of failing forensic testing credibility, the misuse of power in so many jurisdictions; at what percentage of risk are you willing to gamble your freedom with? If you can honestly sit and place your 100% trust and faith that our justice system will guarantee that your constitutional rights will be lawfully upheld and that justice will be served by an unstacked deck with all the cards on the table, you are sadly naive.

Read the full article here: Preventing wrongful convictions