Ohio death row and felony inmates may soon have the opportunity to prove their innocence through post-conviction DNA testing.
Senate Bill 11, which would allow inmates who maintain their innocence to apply for post-conviction DNA testing, passed Ohio’s Senate unanimously Wednesday. The bill has since moved on to the Ohio House, though hearings on the bill have not been scheduled.
According to the National Conference of State Legislators, 29 other states have similar laws and it is likely there are several other states working to pass a bill like Ohio’s bill.
“This is a compassionate bill, and it is designed to make sure our criminal justice system is working,” said Jeff Lehner, spokesman for Sen. David Goodman, R-Bexley, a co-sponsor of the bill.
“If the bill becomes law, it will offer a state-paid DNA test to eligible inmates searching for proof of their innocence,” Lehner said.
The bill was designed to address those who have already spent a number of years in prison and are unable to pay for a DNA test, as long as conclusive DNA testing does not already exist in the case.
The bill is unique because it has a broad base of support, composed of individuals who otherwise never agree about an issue.
“It’s really remarkable when the attorney general, state bar association, prosecuting attorneys association and Ohio’s judges all come to an agreement about an issue,” Lehner said.
Before 1999, executions had not taken place in Ohio in over 30 years. Before the execution of Wilford Berry in March 1999, Ohio’s justice system did not have much experience in the appeals process, and there was a fear that inmates would take advantage of DNA testing to delay execution.
In addition, Ohio’s former attorney general, Betty Montgomery, was opposed to passage of the bill because of controversy surrounding the right to appeal a judge’s decision, Lehner said.
“Our justice system is the best in the world, but it isn’t perfect,” said Sen. Steve Stivers, R-Columbus, another co-sponsor of the bill. “DNA testing legislation can help clear up any mistakes that may have occurred in a trial, and it can help to clear the name of the innocent.”
Some OSU students also approve of the bill’s passage.
“To me, this seems like the only fair and just thing to do,” said Scott Cooley, a sophomore in human resources and marketing. “Everyone should be given the opportunity to have a just trial, and the new technology that is available should be applied to old cases.”
“This bill is simply a matter of common sense,” said Lexie Rae, a sophomore in psychology. “Innocent men should be allowed to go free.”
