Pa. lawmakers consider stronger laws for post-conviction DNA … – FOX43.com

Posted: April 25, 2017 at 4:37 am

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HARRISBURG, Pa. -- Anthony Wright describes the day he was released from prison after 25 years "the greatest day of my life." He wants to ensure no one has to experience what he had to endure ever again.

Wright, of Philadelphia, plead guilty in 1991 of a crime he did not commit. Released from prison lat August, Wright, along with advocates from the Pennsylvania Innocence Project, are pushing for new legislation which would strengthen the state's post-conviction relief laws, expanding access to DNA testing for those already convicted of crimes.

"What happened to me 25 years ago changed my life," Wright said. "I'm not the first person this has happened to and I guarantee it won't be the last. We want to stop it so it doesn't happen to nobody else."

On Monday, Wright was the main witness testifying for the legislation, which is expected to have competing bills in the State House and Senate. State Representative Tedd Nesbit (R-Mercer) will sponsor the yet-to-be-assigned house bill, while Republican Judiciary Committee Chairman Stewart Greenleaf will author the Senate's bill.

In 1991, Wright pleaded guilty to rape and first-degree murder of Louise Talley. In 2005, he petitioned to test for DNA samples in the rape kit to help exonerate him. However, Wright was ineligible for DNA testing due to a state law which bars the retesting of DNA samples for those found guilty of crimes. Wright's push for a new trial reached the Supreme Court, which eventually led to a new hearing. In the new trial, DNA evidence excluded Wright as Talley's rapist, instead identifying Ronnie Byrd, a man who passed away in 2013.

In August 2016, Wright was found not guilty of raping and murdering Louise Talley, and was set free.

"It's the best evidence in the world," Wright says of DNA testing. "It says two things: Guiilty or not guilty. There's no in between."

At Monday's Senate Judiciary hearing, hosted by legislation sponsor Sen. Greenleaf, the proposed bill seemed to get bipartisan support.

"If there is DNA available, for God sakes, for the victim too, because no one benefits from an innocent person being in prison," said Senator Daylin Leach (D-Montgomery).

However, prosecutors from the District Attorneys Association wonder if allowing DNA testing for everyone would "open the flood gates" for everyone to challenge their conviction.

Dauphin County District Attorney Ed Marsico admits the current law needs tweaking, mostly because of the changes and advancements in science and technology as it relates to DNA.

"There just needs to be a legitimate avenue for it," Marsico said. "We are in favor of DNA testing in proper cases."

One area which he feels could be the first to see tweaks is a state law which states a Post-Conviction Relief Hearing can only be filed within 60 days after new evidence was discovered.

Senator Art Haywood, a Democrat from Philadelphia County, asked Marsico during the hearing, "What's the number of cases that is too many to make sure we have one innocent freed?"

Marsico responded, "I don't think its any particular number but we have to be cognizant. I don't want a guy who had a retail theft 30 years ago taxing (District Attorneys) when there's nothing out there that would lead to innocence."

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