For wrongfully-convicted New Yorkers who plead guilty, the only pathway to pursuing exoneration is through DNA evidence, even if they can prove innocence without it.
But a bill amending this roadblock just took its next step in becoming a law. The State Assembly passed the Challenging Wrongful Convictions Act last Thursday, March 23. If passed, it would allow New Yorkers to challenge credible wrongful convictions if they plead guilty with non-DNA evidence.
“The Assembly Majority is committed to building a criminal justice system that ensures that every person in our state is able to seek justice,” added Speaker Carl Heastie. “But far too many New Yorkers are sitting behind bars for crimes they did not commit. This legislation will put into place the mechanisms to review cases of those who have been wrongly convicted and for them to present evidence of their innocence.
The bill also includes post-conviction discovery—which allows the acquisition of evidence from the other party, a move Felber says would allow those seeking exoneration to more comprehensively build their case. She says it would reduce her unit’s dependency on public records requests, which are frequently fought “tooth and nail” by the agencies providing the information, leading to long delays.
To be clear, not everyone challenging a wrongful conviction is seeking prison release. Clark says he’s seeking vindication to remove the “dark cloud” hanging over his head. Vacating a felony also means an easier time searching for housing and employment in a city where both are often already difficult to obtain.
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