How are post-conviction DNA tests conducted?

Question

I know someone who pled guilty to a sexual assault case two decades ago because the prosecutors were threatening lifetime imprisonment if found guilty at trial but a decade if he pled guilty without a trial and jury, thus saving the state time and money. Although the accusation was false, he was afraid of getting the maximum imprisonment, thus the plea agreement. How does one go about conducting an investigation to reverse such a case? Does the former defendant need to hire an attorney and investigator, or can they ask the state to conduct a DNA test? Or should he just live with his fate, because there's no hope?

Answer 1

Turning over an investigation is a tough thing to do and will require a lot of work. If your friend doesn't have an attorney, or can't locate the one that represented him in the first place, he will need to hire one...it's easier that way. Lawyers know the system like no one else. There are many free or low-cost legal aid offices in most cities that can put him on the right track. If he is cooperatively giving a DNA sample, it will most likely be done through a cheek swab. Big Q-tip, inside of cheek. Painless.

Answer 2

The process by which the DNA sample is obtained is the same basic bucal swab that you see on TV. The difficulty is obtaining a court order to obtain such material evidence. I imagine Your friend would need to have His conviction set aside by a judge prior to it being reopened.
In New South Wales (Australia) the courts ruled that (and I am of course referring to when DNA Testing first became available) in would be to difficult (expensive) to test the 60+ inmates who claimed to be Innocent. Good luk