Free Innocence by David Hosp Page A

itself?” Jackson scoffed. “The district attorney’s office must respond to each of these frivolous motions. This hearing alone is costing the state thousands of dollars in my time and yours, Your Honor.”
    “Mr. Jackson has a point,” Cavanaugh said to Finn. “Besides, your client was convicted on the basis of eyewitness testimony and fingerprint evidence. How do you explain that?”
    “First, Your Honor, as to the state’s ‘cost,’ the only cost that Mr. Jackson and his bosses in the district attorney’s office are really worried about is the cost of a civil lawsuit if it turns out that Mr. Salazar was wrongly convicted. As to the other evidence used to convict Mr. Salazar, eyewitness testimony has repeatedly been shown to be the least reliable evidence available to the prosecution. We’re also asking for the fingerprint evidence to be released to us so we can reexamine that as well. But as you well know, fingerprint analysis is far from an exact science. DNA evidence, on the other hand, is ninety-nine percent conclusive.”
    “Your Honor!” Jackson protested. “They’re now looking to try their entire case over?”
    “The histrionics are unnecessary, Mr. Jackson,” Cavanaugh quipped. “I can see what’s going on here.” He looked at Finn again. “You still haven’t given me a reason to think that this fishing expedition of yours is worth anyone’s time. I just don’t see the justification.”
    “Your Honor, we have no record that the defense was told the DNA material was available at the time of trial. We found out only recently; that alone should justify this exercise.”
    Cavanaugh’s eyes narrowed. “Are you suggesting that potentially exculpatory evidence was withheld by the prosecution, Mr. Finn? Because you realize what a serious charge that is.”
    “I do, Your Honor.” Finn was going for broke. “Let me be clear, we are not alleging any misconduct at this time. But the DNA evidence comes from under the victim’s fingernails. When Officer Steele was attacked, she fought back valiantly and apparently scratched her assailant quite badly. Blood and skin were collected from under her fingernails. That fact was never disclosed to the defense and could have constituted exculpatory evidence. Mr. Salazar could arguably be entitled to a new trial on that basis alone. We’re not looking for that. We’re looking only to have the DNA in the scrapings tested.”
    “It wasn’t exculpatory, Your Honor,” Jackson fired back. “When the district attorney discovered that this material had not been disclosed, it was tested. It matched Mr. Salazar’s blood type.”
    “O positive, Your Honor,” Finn argued. “The most common blood type there is. In any event, the DA’s office didn’t run any DNA testing at the time.”
    “This is outrageous,” Jackson protested. “DNA evidence wasn’t even admissible at the time of trial, as Mr. Finn has already indicated. And the evidence from the skin and blood from under Officer Steele’s fingernails was never presented as part of the prosecution’s case!”
    “Exactly,” Finn retorted. “Whoever attacked Officer Steele would have had visible scratches, and there was no mention of any such scratches on Mr. Salazar at the time he was arrested. Had the defense known about the skin and blood under Officer Steele’s fingernails, that discrepancy could have been brought out by the defense at trial.”
    “Maybe the police never looked for scratches,” Jackson offered.
    It was a mistake. Jackson had created an opening that might give Finn a chance. Both Finn and Cavanaugh looked at him with their eyebrows raised. “Your Honor,” Finn continued in a reasonable tone, “can you imagine anything more preposterous? One of their own officers is attacked and shot, and the police fail to use every bit of evidence that could bring her assailant to justice? If the investigation was indeed run that sloppily, that’s reason to question the verdict right