State law enforcement officials and crime victims are using DNA evidence that links parole candidates to crimes for which they were never prosecuted in an emerging strategy to block early release from prison.
Of the 44 states that responded to a USA TODAY survey, 12 say they review such evidence or would have authority to review the material if it were provided.
Authorities and crime victims have informally submitted the DNA evidence to parole boards, aided by databases that show whether the subjects of DNA matches are in prison for other crimes. The little-known strategy has been in use for several years but appears to be spreading as DNA databases improve.
While popular with some prosecutors, it is raising questions about the fairness of relying on new, incriminating information in parole hearings. Inmates often do not have lawyers, and there are no uniform rules allowing them to challenge the DNA matches.
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Milwaukee assistant prosecutor Norman Gahn says the practice helps secure justice. Some new DNA matches involve crimes too old to be prosecuted. "With the power of the databases, we can make them pay at least some price for their actions if — surprise, surprise — they're already in prison," he says.
USA TodaySo, an inmate on death row can be denied the opportunity to introduce new evidence but a parole board or the CRIME VICITM can introduce DNA to a parole board?