by Ada Fisher

Supreme Court Justice John Roberts and the US Supreme Court’ June 2009 ruling was absolutely wrong in noting access to DNA testing should be left for states to decide thereby rejecting any federal right to evidence to try to prove ones innocence. Roberts and other judges “acknowledge testing’s ability to prove innocence” but put the burden squarely on state laws to do what is right. This is wrong minded and judicial evil at its best.

Constitutional due process of law should mandate that no evidence be unexamined which may prove the guilt or innocence of those citizens accused of a crime or brought before the courts for examination. Over thirty people have been executed in the United States of America who were later proven innocent. There is no way to bring them back to life or offer compensation which is adequate for such a loss.

The unreliability of eye witness testimony can be demonstrated by the number of folks convicted who looked an awful lot like someone else, the move to suppress data by legal counsel often limiting the introduction of material which could sway a jury, and now the high court’s denial of the right of review of material for DNA testing which could potentially prove or exclude conclusively the likelihood of guilt.

All men are endowed with certain unalienable rights, among them “the right to life, liberty and the pursuit of happiness.” This ruling of the US Supreme Court should shake the fabric of those of us who have supported the death penalty for if the possibility of innocence can be proven by DNA testing, society and the courts should have a moral as well as ethical obligation to get it done. This ruling could also preempt paternity testing for men falsely accused where states are not interested in relieving the misplaced burden of caring for children assumed by others and would have no interest in seeking out the real fathers of certain children.

No costs can be too great or burden too heavy in our search for justice. The legislatures across the nation, as well as the US Congress should mandate that scientific testing available to determine a more accurate assessment of criminal guilt or paternity should be done if such information has a significant bearing on the case involved. If we can mandate what money must be spent educating children, building bridges or providing health care services, surely we can legislate that potentially innocent lives must be protected before being allowed to be destroyed.

And for the record, once DNA testing is done and those who have been wrongly accused are proven not to be involved, their specimens should be destroyed and removed from public records. There should be a right to personal privacy inherent in the US Constitution. If DNA is not expunged for those proven innocent, they can be subject to future unreasonable search, seizures and violations of their privacy in cross testing their gene pool for cases yet unheard.

Dr. Ada M. Fisher is a physician, licensed secondary education teacher in Mathematics and science, previous county school board member and NC Republican national CommitteeWoman.

Contact her at DrFisher@Fishernchousedistrict77.com