Why do you need a hearing to confirm guilt?
I saw a story in the Dallas Morning News this week about two men whose guilt was confirmed following post-conviction DNA testing. What caught my attention was that a hearing was being held to do this.
It's not unusual for DNA tests to come back and confirm a defendnt's guilt. For whatever reason, guilty defendants still insist on DNA tests. I wrote about that some time ago, and still don't have a a good answer. Under the Texas Statute, a defendant can request testing in certain situations. The Statute doesn't provide a remedy - it just authorizes the judge to order a test. If the test comes back in favor of the defendant, you either have to file a writ of habeas corpus or seek a pardon from the governor. The Statute does give the court authority to release a defendant on bond while you are waiting for the court or governor to decide. That is usually done after a hearing.
I don't understand why you need a hearing if guilt is confirmed. Are there different levels of guilt, and the judge is going to say they are more guilty than they were before?
To hold a hearing you need a defendant, which generally means you have to bring them back from prison. Obviously that takes manpower, both for transportation and processing. Most times courts don't want to bring defendants unless they really need to. I'm sure the local sheriff is not happy about increasing the jail population. Apparently this important enough though to devote the resources, as well the court's time.
The obvious answer to the question is that it is all about politics. Dallas County has led the State and the Country in exonnerations. I guess the District Attorney wants everyone to know they are not opening the jail doors, and still have an interest in prosecuting people. I'm a big fan of Craig Watkins and the work he has done in ensuring justice for those who have been wrongly convicted. That doesn't mean he can't make mistakes though, and I think this is one.
I can only hope the defendant knows before he goes to court what the results of his test are.
