Since 1989, 573 people have been exonerated after post-conviction review of DNA evidence in their cases

This federal Project Grant award, provided by the Department of Justice Office of Justice Programs Bureau of Justice Assistance through the Postconviction Testing of DNA Evidence program (CFDA 16.820), will fund the California Governor's Office of Emergency Services (Cal OES) to establish the California DNA Assistance Program (CADNAP).

The $1,800,000 grant, awarded on October 1, 2023, will support CADNAP's efforts to identify post-conviction cases of violent felony offenses where DNA testing could potentially prove actual innocence, locate associated evidence, and perform DNA analysis. The program aims to review 2,500 cases during the 3-year grant period, utilizing advanced DNA testing methods such as forensic genealogical DNA testing, touch-DNA testing, and probabilistic genotyping. CADNAP will also partner with innocence project organizations like the Northern California Innocence Project and the California Innocence Project Foundation to assist with case review, evidence location, and DNA testing. If DNA test results are exculpatory, CADNAP will seek cooperation from prosecuting agencies to obtain relief for wrongfully convicted individuals.

As DNA technology has evolved, there remain significant gaps in its application and availability to innocent california prisoners. Resources are inadequate to assist the nearly 100,000 prisoners housed in a state that spans 163,696 square miles. Advances in DNA testing have expanded the group of cases where DNA testing and analysis could lead to exonerations. Methods such as forensic genealogical DNA testing, touch-DNA testing, and probabilistic genotyping are increasingly being used by law enforcement to solve criminal cases and find actual perpetrators, but they are not routinely applied. Faulty forensics have also created a need for DNA testing. The fbis admission that hair comparison analysts gave flawed testimony against criminal defendants prior to 2000 has prompted states to identify convictions based on hair comparison evidence and to DNA test evidence in those cases. The northern california innocence project and the california innocence project foundation help wrongfully convicted prisoners advance innocence claims. The two projects (hereafter CA-IPS) receive 2,500 requests for assistance annually and have directly freed 72 people. If funded, the CA-IPS will continue their work as the california DNA assistance program (CADNAP), with the california office of emergency services having oversight. The project has four goals: (1) identify postconviction cases of violent felony offenses, (2) review identified cases to determine whether DNA testing can prove actual innocence, (3) locate evidence associated with such cases, and (4) perform DNA analysis of evidence. CADNAP seeks to identify cases amenable to advanced DNA testing methods and analysis, including forensic genealogical DNA testing, touch-DNA testing, and probabilistic genotyping. CADNAP will target 2,500 case reviews during the grant cycle and will identify cases from new assistance requests, screen the CA-IPS closed case databases, partner with prison service organizations, provide prisons with CADNAP outreach materials, and continue investigation of cases from previous grant cycles. CADNAP will investigate cases fitting program criteria: evidence gathered, transcripts acquired, witnesses interviewed, and communication established with prior attorneys and prosecutors. If evidence is in testable condition, CADNAP will seek negotiated testing agreements. When unable to obtain agreements, CADNAP will file motions for courtordered testing. If test results are exculpatory, CADNAP will seek cooperation from prosecuting agencies to obtain relief. When cooperation is not attained, CADNAP will refer cases to the caips for habeas litigation. CADNAP will produce a final report with findings and recommendations.