Court Clerk Fired for Helping Secure DNA Test That Proved a Man’s Innocence
Nelson had been convicted 25 years earlier, but the DNA testing wasn’t available then. When DNA testing did become available, defendants were not made aware of new technology, or offered testing. Nelson first sought to have his DNA tested in 2009, but a judge rejected his motion because he did not meet statutory criteria. Nelson tried again two years later with no success. Acting on his own, from his prison cell, without a lawyer, Nelson did not have the legal wherewithal to file the motion himself.
In late 2011, court clerk Sharon Snyder did something that made all the difference. She gave Nelson’s sister a copy of a similar motion filed in another case. Using that motion as a reference, Nelson succeeded in securing DNA testing on his third try, in February 2012. Only then was he assigned a lawyer. And more than a year later, that DNA test secured Nelson’s freedom.
Days later, Snyder was fired for violating court rules about assisting a party in a case. As Conor Friedersdorf points out in the Atlantic, Snyder emerged relatively unscathed, retaining her pension and having planned to retire soon anyway.
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