Topic: Herrera v. Collins
Senator: Kyl
Date: SEPTEMBER 14, 2005
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KYL: Let me just conclude with kind of a general comment, but before I do just try to correct the record on -- not necessarily correct, but add to the record on one very narrow point.
You were discussing, I believe with Senator Kennedy, the Herrera v. Collins case, and he talked about innocence claims being heard by the court, that a prisoner should have the right to present innocence claims.
I just wanted to ask you, is it not the case that in that Herrera v. Collins case, that it did not address the proper route for bringing claims based on newly discovered forensic evidence, such as DNA testing, which is, of course, a relatively new phenomenon now, but that was not the issue presented in that case?
ROBERTS: That's right.
There wasn't -- I don't know if they had as much access to that type of evidence back then when it was argued.
ROBERTS: But it was certainly not that type of evidence.
It was a new claim that somebody else did it, somebody who had just died. That was the new claim that they sought to raise at the last stage there. And I do think any issue arising with respect to DNA evidence, and those issues are working their way up through the court, those cases would have to be addressed on their own terms.
KYL: Yes. Thank you.
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