Getting A DNA Test After Conviction

Please help!!! Looking how to obtain DNA testing for my uncle, who is currently serving 25-50 years in a New York State prison. My uncle is not getting the proper legal assistance, he is entitled to. He has requested DNA testing from the State, and is constantly denied. I wouldn't be pressing the issue so much, if I didn't believe in him, but the justice system here is definitely covering up their wrong-doings, by denying him of these services. He's had several legal representatives that have basically taken their fees, file no paperwork and did absolutely nothing, and this is no exaggeration. Please, anyone out there reading this, I don't care what state you live in, please help us out.

Thank-you

you don't request anything from the department of corrections. You would need to file an appeal with the courts based upon some presumably exonerating evidence.

curious; what is the crime and why do you believe the DNA will exonerate him. What DNA evidence does the state have that would be proven to be from another should your uncle present his DNA test.

My uncle is in prison on rape charges. Statement papers said the only hairs found on the victim were "not negro", and my uncle is a Black man. He has made several request through the courts, but is always denied due to untimely situations. I believe there is more political road blocks preventing him from having the DNA testing.

You can only DNA test hair if a follicle is attached. Even assuming that's the case, the finding of hair from some other person would not of itself exculpate your uncle. I may not often think of it this way, but right now I have a number of hairs on my person which are not my own - hairs from animals, other members of my family, perhaps somebody I brushed against.

It is safe to assume that your uncle was not convicted on the basis of the presence of the hairs, so there has to be other evidence involved in his case. Assuming your uncle can even overcome the procedural hurdles to get before a court, a court looking at a petition to reopen a case has to weigh all of that evidence against what the DNA evidence may indicate. If the trial evidence points toward guilt, and the DNA evidence would not result in exoneration, there's not much point to ordering DNA testing.

Is there more to the picture here, which may shed some light on why you think DNA testing on the hairs would overcome the other evidence of guilt? Have you approached the Innocence Project for help?

In addition to the innocent project, if you believe it is a race issue, hit up your local NAACP chapter. They may have an interest in this case along with the Innocence project.

Let's just hope the DNA evidence was retained and is still viable.