It was Kevin Green's first night of freedom
after 16 years locked up for a murder he did not commit.
At a motel, two district attorney's investigators led
him down a hallway to his room, where with a single glance he
discovered how hard it would be to put prison behind him.
``I turned to them and said, `Do you all know what my cell
number was?''' Green recalled of that day three years ago. ``It
was 201-A. And the number on the door was 201. They said, `We
gotta get you another room.' I said, `No, that's all right.'''
Green, 41, learned that forbearance during years of insisting
that he never beat his wife, causing her to miscarry their full-term
fetus.
Green's ironic journey to the motel room came not
because of his repeated claims of innocence, but because of
a DNA database at California's Department of Justice lab in
Berkeley.
He remains the only person freed by the database
as state authorities struggle to collect and analyze genetic
samples from thousands of California criminals -- such as the
real perpetrator who raped and beat Green's wife in 1979.
DNA technology unheard of 20 years ago is increasingly being
used to right the wrongs of the justice system for prisoners
like Green. In the United States, 65 wrongfully convicted people
have been freed through the work of persistent lawyers, students
and volunteers, and thousands more inmates are hoping they,
too, can use their own genetic makeup as evidence that they
are innocent.
Green's luck turned in 1996. Authorities
in Orange County had sent DNA profiles from a string of 1978
and 1979 unsolved rape-murders believed to be the work of the
so-called ``Bedroom Basher'' to the state DNA lab for a possible
match in the database.
The computer matched the crime scene
evidence to a former Marine, Gerald Parker, whose genetic profile
was in the database because of his convictions in the 1980s
for sex crimes. Parker confessed to the 1970s murders and said
he had also beaten and raped Green's wife. Green was not only
freed, but a judge made a finding that he was completely innocent.
``With the advanced technology that we have now, there's so
much you can do to catch the guilty and exonerate people that
shouldn't even be arrested in the first place,'' said Barry
Scheck, who gained fame as a DNA expert for O.J. Simpson.
Scheck and his colleague, Peter Neufeld, founded the Innocence
Project at the Benjamin N. Cardozo School of Law in New York
City in 1992. It assists prisoners, often convicted years before
DNA testing became widely used this decade, who claim that genetic
evidence can prove they were wrongfully convicted.
The project has represented 36 of the prisoners nationwide who have
been freed because of DNA evidence, including eight on Death Row.
Law school students are a key part of the project,
screening cases to make sure they qualify, discovering whether
biological evidence from the crime, such as blood or semen,
is still available for testing, and dealing with police and
judges to reopen appeals.
The Innocence Project helped
free Calvin Johnson Jr. from a Georgia prison last June, 16
years after he was sentenced to life for a rape he did not commit.
Project workers got prosecutors to allow them to do DNA testing
on the vaginal swab taken from the victim, which proved conclusively
that Johnson was innocent.
A major barrier for years has
been the refusal of many local and state law enforcement agencies
to allow inmates to reopen cases based on assertions that DNA
could clear their names. Officials often said their appeals
had already been exhausted or time limits had expired. Most
states that have compiled DNA data banks do not allow inmates
to check another person's sample to prove their own innocence.
Last month, in a major push to change those policies, the
National Commission on the Future of DNA Evidence recommended
that prosecutors consider reopening old cases that suggest the
innocent have been wrongfully convicted and allow defense attorneys
access to genetic evidence.
``We're not opening the floodgate
here, we're opening a significant window of opportunity for
those who have been unjustly convicted,'' Scheck said.
Green's experience proves the frustration of inmates whose proclamations
of innocence are ignored.
On Sept. 30, 1979, Green --
a Marine corporal -- stepped out for a late-night cheeseburger
and returned to his Tustin home to find his 20-year-old wife,
Dianna, raped and severely beaten. The woman, two weeks overdue
when the attack occurred, was comatose for a month and suffered
brain damage and memory loss, but insisted her husband beat her.
Green hired a good attorney and put on a vigorous
defense, but found himself convicted, mainly because of his
wife's testimony.
Green had never heard of the Innocence
Project and didn't have the $10,000 his appellate attorney said
he would need to put up for DNA testing.
Green has spent
the past few years rebuilding his life. He lives with his parents
in Jefferson City, Mo., bowls with his father, calls bingo Friday
nights and works at a Wal-Mart store, along with a few other
part-time jobs.
On job applications, he doesn't have to
put down that he was convicted of a crime; instead, he accounts
for those lost years by writing that he worked for the California
Department of Corrections.
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