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| FOR IMMEDIATE RELEASE |
| State Rep. Brendan Boyle |
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Rep. Brendan Boyle announces legislation to bring justice to the wrongly convicted
HARRISBURG, Jan. 10 – State Rep. Brendan Boyle, D-Phila, is planning to introduce legislation that would enable innocent people to be set free if wrongfully convicted.
Currently, prosecutors are only legally and ethically required to turn over exculpatory evidence – evidence that may clear a defendant of guilt – before that person is convicted, not post-conviction.
"My legislation would make the withholding of this evidence, regardless of when it is obtained, a violation of the defendant's rights," Boyle said.
Prosecutors would be required to turn over exculpatory evidence within 5 business days of obtaining it.
Boyle cited a 2001 Dauphin County court case in which the defendant was convicted of burglary and other charges and sentenced to 22 to 70 years in prison. Five years later, the prosecuting attorney discovered DNA evidence that exonerated the defendant. The defendant and courts did not receive the information until several years had passed, following the defendant filing an unrelated petition for post-conviction relief.
"This Dauphin County court case proves that this legislation is sorely needed to protect people's rights," Boyle said. "Had the defendant received the DNA evidence when it was first discovered, it is my belief that the defendant would have been saved from serving even more time in prison for a crime he did not commit. It is outrageous that evidence proving innocence has been discovered by prosecutors without ensuring the defendant was informed."
The Pennsylvania Innocence Project has pledged support for the legislation. Attorney Marissa Bluestine, legal director of the Innocence Project, stated:
"The Pennsylvania Innocence Project supports any efforts to ensure that only the truly guilty are prosecuted. While there have been isolated incidents of intentional misconduct by prosecutors, we are grateful for the prosecutors who serve their functions every day with honor and integrity. No prosecutor wants an innocent person in prison. This legislation provides guidance for prosecutors in handling issues which arise in the post-conviction setting where no current guidelines exist. Together with Senate Bills 1337 and 1338, pending before the Pennsylvania Senate Judiciary Committee, Representative Boyle's proposal is geared toward the particular goal of ensuring that only the guilty are prosecuted and the innocent go free."