Supreme Court Rules In Convict DNA Case

On November 11, 2008 we published a post about the Supreme Court agreeing to hear a case involving whether people convicted of a crime have a constitutional right to have the DNA collected in their case tested in hopes of proving their innocence. The case involves William Osborne who was convicted of a rape 16 years ago. Osborne was seeking to have a blue condom tested for his DNA. He argued that such a test would establish his innocence. The Supreme Court denied his request ruling that Osborne did not have a constitutional right to have the DNA tested. The Supreme Court overruled the 9th U.S. Circuit Court of Appeals in San Francisco which had ruled that Osborne did have a constitutional right to the DNA test. This decision was a 5 to 4 decision, with the conservative justices in the majority. However, the impact of this decision may be limited. The federal government and 47 already have laws that allow convicts some access to DNA evidence. Such testing has led to the exoneration of at least 232 convicts that had been wrongfully convicted of such crimes as murder and rape. In the majority opinion, Chief Justice Roberts refused to impose a constitutional requirement for fear of interfering with the actions already taken by the states and the federal government.

Osborne was convicted of raping and beating a woman with an ax handle in Alaska. He left her for dead in the snow near the Anchorage Airport. A blue condom was found near the victim and was used in the attack. The victim identified Osborne as one of the attackers, and another man convicted in the attack has implicated Osborne in the crime. Osborne admitted his guilt in a hearing before the parole board in 2004. At trial, Osborne's lawyer passed up an offer to have the DNA tested out of fear that such a test would conclusively implicate Osborne. Osborne is currently in prison awaiting sentencing for another robbery committed after he was paroled for this rape.

The case is District Attorney's Office v. Osborne, 08-6.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Agrees to Hear DNA Case

The United States Supreme Court has agreed to hear a case involving the question of whether a defendant has a constitutional right to test genetic evidence found at the scene years after he was convicted. The case is District Attorney's Office v. Osborne, 08-6. William Osborne was convicted of rape, kidnapping and assault on a prostitute that occurred in 1993 in Alaska. William Osborne admitted his guilt when he appeared before the parole board in 2004. Another man was also convicted in the attack and has stated that William Osborne participated in the attack. A condom and hairs were found at the scene but the advanced DNA testing that is available today was not available at the time of William Osborne's trial. William Osborne is now seeking to subject the condom and hairs to the advanced DNA testing that is available today. The 8th U.S. Circuit Court of Appeals ruled that Osborne has a right to subject the evidence to such testing. The Alaska prosecutors are objecting to this request arguing that even if the testing determines that the hair and condom are not Osborne's, there was additional evidence introduced at trial to leave no doubt as to his guilt.

For more information about the Chicago criminal defense attorneys at Legal Defenders, visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Bans Death Penalty for Child Rapists

Today, the United States Supreme Court struck down a Louisiana law which provided for the imposition of the death penalty for defendants convicted of raping children under the age of 12. In addition to Louisiana, five other states have similar laws. This decision by the United States Supreme Court invalidates those laws as well. This was a 5 to 4 decision. The majority opinion was written by Justice Anthony Kennedy. The fact that nobody has been executed in the United States in 44 years for a crime not involving murder weighed heavily in his opinion. In ruling that the death penalty is only appropriate for crimes involving murder, Justice Kennedy wrote that "the death penalty is not a proportional punishment for the rape of a child." The victim in the case was an 8 year old girl who had been raped by her stepfather in a small town just outside of New Orleans. Justice Kennedy stated that the death penalty should be reserved for the most heinous crimes but left intact the imposition of the death penalty for crimes against the state, such as treason, espionage and terrorism.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Criminal Sexual Abuse Charges Dismissed by Prosecutor

Chicago criminal defense attorney, James Dimeas, successfully negotiated with the prosecutor to get the charge of Criminal Sexual Abuse dismissed at the Markham courthouse. The client, a 17 year old young man, with no criminal background, was charged with having sexual relations with a younger girl. Initially, the young girl was claiming that the client, and his cousin, had forced themselves on her. The police investigated the claims and initially considered charging the client with Criminal Sexual Assault, more commonly known as Rape, but decided that they would not be able to prove that the younger girl did not consent to the conduct. After throroughly negotiating with the prosecutor and family of the younger girl, the family and the prosecutor decided to dismiss the charges.

While Criminal Sexual Abuse is a Class A Misdemeanor, the potential punishment for a conviction can have serious life-long consequences. If the client had been convicted he was facing up to one year in jail and may have been required to Register as a Sex Offender. The family of the client was extremely grateful for efforts of Chicago criminal defense attorney, James Dimeas.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.