In April, I attended the NACDL legal seminar “Making sense of Science.” This continuing legal education seminar focused on how science plays a role in criminal cases. A main topic was DNA evidence in criminal cases. This evidence is found in rape or capital sexual battery and there is DNA evidence on the body. Or, DNA evidence left at a crime scene such as a burglary. This occurs when someone breaks into a house, cuts themselves on the window, and leaves traces of blood behind. This criminal defense seminar dealt with defending against this type of forensic evidence, taught by the leading scientists in the country.
On Friday, a man was found guilty of second degree murder in Polk County. One piece of evidence was a tiny piece of DNA evidence on the shirt at the crime scene. This shirt was around the neck of the strangled victim. As a criminal defense attorney, you need to know how to determine if this DNA evidence is reliable.
- Was it the defendant’s? Was the testing done correctly?
- Is the lab that did the testing accredited?
- Was there contamination during DNA testing?
- Is the prosecutor’s DNA analyst competent to testify about these matters?
- Is there another explanation has how the DNA could have ended up at the scene (transfer DNA)?
- What expert is available to come to court to explain your defense to a jury?
If you are facing a serious criminal charge and your case involves DNA evidence, you need an Polk criminal lawyer that keeps up to date on the latest issues in DNA testing, science, and the law. Criminal defense attorneys have to educate themselves in these matters that make the difference between winning and losing your criminal case. Always ask the attorney you are thinking of retaining for your criminal case how often they attend legal seminars. Ask when was the last seminar the attorney attended? What was the subject matter and what issues did the seminar cover?
You need to have an experienced attorney attorney that knows the law, the science, and how to try a criminal case fighting for you in court.
Thomas C. Grajek 863-688-4606
Aggressive criminal defense of all felony, misdemeanor, sexual battery and DUI cases in Polk County, Florida.