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TIME: Almanac 1990
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1990 Time Magazine Compact Almanac, The (1991)(Time).iso
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time
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082889
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08288900.062
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1990-09-17
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LAW, Page 63DNA on TrialMixed results for genetic tests
The strange tale made banner headlines and gripping TV in 1985.
Filled with remorse, Cathleen Crowell Webb publicly declared that
Gary Dotson was not the rapist her testimony sent to prison in
1979. In fact, she said, there was no rape; she made up the whole
story out of fear that she might be pregnant by her boyfriend. The
best Dotson could obtain from that admission was a commutation of
the remainder of his 25-to-50-year sentence. Last week, however,
his name was finally cleared as Illinois prosecutors dropped all
charges against him after a state judge ordered a new trial. The
reason: results of DNA identification tests indicated that Dotson
could not have been the man who had sex with Webb.
But in another case decided last week, a New York State judge
raised some doubts about the courtroom use of DNA technology.
Forensic DNA tests seek to compare the genetic patterns of a
suspect or victim with those of the human remains, such as blood
or semen, left at the scene of a crime. Proponents of DNA
identification have long insisted that the tests are so precise
that they can establish matches or exclusions to a near certainty.
In a precedent-setting ruling, New York Judge Gerald Sheindlin
questioned the reliability of certain procedures employed by
Lifecodes Corp., one of the nation's leading DNA-testing firms.
Sheindlin agreed that DNA techniques "are generally accepted in the
scientific community and can produce reliable results." But he
ruled that in the murder case of Bronx janitor Joseph Castro,
Lifecodes "failed in several major respects to use the generally
accepted scientific techniques and experiments for obtaining
reliable results."
Specifically, the decision means that the tainted tests may not
be introduced to show that a bloodstain found on Castro's watch
came from the victim, though other acceptable DNA tests by
Lifecodes may be used to show that the blood does not belong to
Castro. Beyond this immediate case, the ruling is expected to
embolden many of the hundreds of defendants fingered by DNA tests
around the country to challenge the procedures used to identify
them.