The law on DNA testing in the US appears to be in a flux. Or at least, there are variants of the law that does not exactly add up, as you move from state to state. The curious question you would want to ask, would be, why should a ‘simple’ request for DNA testing be turned down or even denied? What if that goes to the substratum of the case; one that is capable of tilting the case one way or the other. If justice is actually the ends of prosecution, why would there be obstacles and booby traps, or any legitimate means of achieving it be prevented, stultified or even stalled, a day longer than necessary.
It’s questions like these that really underscores the need for a broad based advocacy strategy for law reform that cuts across state boundaries, indeed, as an international norm, if the rights to innocence, fair trial provisions and to disclosure of evidence, would make any sense in reality. In a sense, this also interrogates the relevance and the nature of the legal system, around on-going debate as to whether the inquisitorial or adversarial system of justice best serves the interest of accused persons.
The Kirstin Lobato case is another case, in a long time of cases where DNA testing is being challenged by the DA. It will be interesting to see what the outcome would be. Petitions are currently awash on numerous sites urging the DA to do the right thing ‘not to file any opposition to Lobato’s appeal to the Nevada Supreme Court, and request that he allows the Innocence Project to conduct DNA testing and re-testing of crime scene evidence’ Read Ground Report of this case here, including efforts to get Lobato exonerated http://www.groundreport.com/US/100-000-Call-For-DA-To-Allow-DNA-Testing-In-Kirsti/2946798
129,484 out of 150,000
as of 11:56 EDT Mon. 02 July 2012 .
This appears to be a major miscarriage of justice. I don’t believe the responsible people in the Nevada “system” want their egregious error to be discovered. So just like petty thieves, they try to cover their tracks. Very disappointing and less than we expect from elected “leaders”.
This case is truly the poster child of wrongful convictions. Blocking the DNA testing is just another way of saying, we don’t care if you are innocent. The current laws in Nevada don’t even allow for appeals if the District Court denies the request. As to my knowledge, the District Court has never granted one.
It almost seems as if the more flimsy the case is against the innocent person, the more resistance is encountered. There is NOTHING tying Kirstin to this crime. The claim of a confession is bizarre and has been rebutted repeatedly. The DNA test of every item that can be tested will find no evidence of Kristin’s involvement. She wasn’t there. Guilty beyond a reasonable doubt? Come on !!!
Please, everyone, don’t just take the words of who you read here, or even mine for that matter
. Find out for yourself: I was shocked when I read about it the first time, and still am. Enough of having a justice system we cannot rely on. Enough punishing only the poor for their crimes while letting the rich get away with anything…unless changes are made, we and are justice system will only sink farther.
Thank you for posting this story. There is no stronger case for Innocence than Kirstin’s case. This injustice must be corrected.
Kirstin Lobato’s case has been called the Hope Diamond of wrongful convictions. Actually, that is an understatement.
It’s important to understand that this request for DNA testing really isn’t like other cases. It’s undisputed that no scientific evidence links Ms. Lobato to the crime. There are also at least 10 eye witnesses that place her 170 miles away at the time of the murder.
So how in the world was she convicted? Prosecutors believe that a statement she gave to investigators about an incident 44 days prior to hte murder was a confession. The problem is that Kirstin had told this same story to many people prior to July 8, 2001 when the murder took place. You’d think that a jury would be allowed to hear what these people had to say but the judge would have none of it. “Hearsay” she says. That judge doesn’t have the faintest idea what she’s doing.
The only good the DNA testing might do is to find the real killer. If authorities would get off their lazy rear ends and examine the mountain of physical evidence at the crime scene, they could probably find that the real killer is already in jail or has as DNA profile available from a previous conviction.
This entire case is a farce. That’s why 130,000 people have signed a petition asking the DA to take another look at the case.
I would strongly suggest to anyone interested in learning more about this case to read this comprehensive work by Justice:Denied Magazine editor Hans Sherrer. ( The link leads to a free downloadable pdf and where hard copies are available as well.) The extensive research included in this work is incredible and covers literally every facet of the case.
Read Kirstin Blaise Lobato’s Unreasonable Conviction
Possibility Of Guilt Replaces Proof Beyond A Reasonable Doubt
By Hans Sherrer
(Published by The Justice Institute, 2010)