We will have this story about this program in the newsletter I'm working on now. But with this story in today's Tulsa World. I thought I would go ahead and send it out on my email list.

If you are currently in prison and believe DNA could prove you innocent of the crime, (murder or rape) you must read this.

The program will investigate, screen, and present to the appropriate prosecutorial agency claims that scientific evidence will demonstrate indigent persons convicted of, and presently incarcerated on, any felony offense upon which the testing is sought are factually innocent. Factual innocence requires the defendant to establish by clear and convincing evidence that no reasonable jury would have found the defendant guilty beyond a reasonable doubt in light of the new evidence.

Eligibility for the Program requires present incarceration on a felony conviction, the presence of samples of sufficient quantity to allow testing by both the prosecution and the defense, and the submission of an affidavit demonstrating indigency as determined by OIDS based on rules for determining indigency promulgated by the Court of Criminal Appeals pursuant to the Indigent Defense Act.

The Program will give priority to claims based on certain factors, including but not limited to: 1. The opportunity for conclusive or near conclusive proof that the person is factually innocent by reason of scientific evidence; and 2. A lengthy sentence of imprisonment or a death sentence.

If you know of an indigent person convicted of, and presently incarcerated on a felony conviction who may be entitled to forensic testing capable of demonstrating factual innocence, or have any other questions concerning the DNA Forensic Testing Program, please contact: DNA Forensic Testing Program, OIDS Jamie D Pybas, Division Chief, Capital Direct Appeals Division, 1660 Cross Center DR, Norman Ok 73019

Or if family or friend on the outside call, 405-325-3633 or email [email protected]

By BRIAN BARBER World Staff Writer
4/15/01

The results of the first DNA testing requested by the Oklahoma Indigent Defense System under a new law may end up freeing a man who has spent 15 years in prison.Jeffrey Todd Pierce is "guardedly optimistic" about the DNA results that eliminate him as the perpetrator of a 1985 sexual attack in Oklahoma City, but he won't feel truly confident until he walks out of the Joseph Harp Correctional Center near Lexington, said Jamie Pybas, supervisor of the DNA testing program.

"He knows how justice can be slow," said Pybas, who spoke to Pierce on the phone about the results. "We hope to get him released as soon as possible. He's been patient long enough."Through a law that went into effect last July, OIDS was given the authority and $250,000 a year to conduct DNA testing of prison inmates who make claims of innocence.

Since then, OIDS officials have worked on establishing the criteria for which they will accept a case for testing First priority is given to indigent cases where the death penalty is involved or where the sentences are lengthy, Pybas said. Pierce, 39, is serving a 65-year term. Also, the cases that are accepted have to be ones where the conviction primarily stemmed from forensic evidence, Pybas said. There can't be other overwhelming evidence, like numerous eyewitnesses or a confession.

In Pierce's case, the victim failed to identify him as the attacker only minutes after the assault occurred but picked him out of a photo lineup 10 months later.Pierce's conviction also was based on the forensic analysis of an Oklahoma City police chemist, who testified that the hairs found at the scene were consistent with Pierce's hair and that he could not be eliminated as the source of the sperm.

The latest DNA tests, conducted by an independent laboratory in California, excluded Pierce as the sperm source, and an FBI review of the hair evidence said it was not consistent with that of Pierce. "This confirms what we've known all along," defense attorney David Autry said. "He's an innocent man. We're just glad this program came along, or he might have been in prison for the duration."

Pierce, who did not have a criminal record, was married with twin one- year-old sons when he was sent to prison in 1986 Autry said he plans to take the DNA results next week to the Oklahoma County District Attorney's Office, which prosecuted the case. If prosecutors agree with the results, they can go to a judge and have Pierce released, Autry said. If they don't agree, Autry will have to file for post-conviction relief."I'm sure we'll get it worked out," he said.

First Assistant District Attorney John Jacobsen has declined to comment about the case because he has not been notified about the testing results. Pybas said OIDS is looking forward to doing more DNA testing. They are busy going through the 120
applications that poured in after the law passed."It takes a lot of work to review all of the cases and then go hunt for the evidence, wherever it might be stored," she said. "This shows that it's worth the effort, though."