United States Second Circuit

The district court's denial of a prisoner's motion to compel postconviction DNA testing of six items pursuant to the Innocence Protection Act is affirmed, where the prisoner failed to show that the proposed DNA testing of the specific evidence could produce new material evidence that would raise a reasonable probability that he did not commit the offense, since: 1) the fact that an accomplice handled the objects at issue in conjunction with the three murders for which the prisoner was convicted was not at all inconsistent with the government's theory of the case; and 2) there was strong corroborating evidence on which the courts relied in affirming the prisoner's conviction on the underlying offenses.

Appellate Information

• Decided 04/03/2012
• Published 04/03/2012

Judges

• Miner

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Roger Bennet Adler, Emily Berger