- Statutory triggers to require audits of tainted crime lab evidence
- Vigorous affirmative efforts to notify clients of the unreliable forensic evidence
- Meaningful access to discovery including transcripts, lab notes, etc.
- Allowing DNA testing when samples are available in a case
- Hearings in which the burden is shifted to the government to prove that the case was not affected by tainted forensic evidence
- Waiving procedural barriers to appeals
Considering many DAs don’t know a thing about forensic science flim-flam and its experts, Law prof Brandon Garrett gives us these rules that could “re-set” the system’s inadequate protections for the innocent.