People v. Dunn, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 1999) (No.
1-98-0284, 6/22/99)
The Appellate Court held that as a matter of fundamental fairness, 725 ILCS
5/116-3(a), which authorizes post-conviction forensic DNA testing, should be
applied to post-conviction proceedings that were pending on the effective date
of the statute (January 1, 1998). The court concluded that if DNA evidence
capable of supporting a conclusive determination of a claim of actual
innocence is available, "there is no valid justification to withhold such
relief if requested on post-conviction review."
Thus, defendant was entitled to DNA testing upon a prima facie
showing that: (1) identity was an issue at trial; (2) the evidence has been
subject to a chain of custody sufficient to establish that it has not been
substituted, tampered with, replaced or altered; (3) the testing has the
scientific potential to produce new, noncumulative evidence that is materially
relevant to an assertion of actual innocence; (4) the testing uses a
scientific method generally accepted within the relevant scientific community;
and (5) the testing involves technology that was unavailable at the time of
trial.
The cause was remanded for a hearing to determine whether defendant could
establish a prima facie case for DNA testing, with instructions that
the trial court determine whether any conclusive results would be obtained
from testing.
(Defendant was represented by Assistant Defender Yasemin Eken, Chicago.)