Newton v. City of New York, No. 11-2610 (2d Cir. 2015)
Annotate this CaseIn 1984, V.J. was raped. She lost an eye and suffered broken ribs. The NYPD collected a rape kit, with pubic and head hair, swabs, and microscope slides. Based on line‐ups, V.J. and a witness identified Newton as her assailant. The rape kit was not tested for DNA. Newton was convicted. In 1988, by court order, the sample was tested by the Chief Medical Examiner, which reported that it contained no testable spermatozoa. In 1994, based on new law, Newton sought testing, alleging that technological advances had enabled testing of samples previously deemed untestable. The District Attorney’s Office responded that the evidence could not be found. Newton’s motion was denied. In 1995 Newton sought habeas corpus (28 U.S.C. 2254), unsuccessfully, because the evidence was not found. In 1998, Newton again sought testing; the DA’s Office indicated that the kit “must have been destroyed,” noting a 1995 fire and that the Property Clerk had a practice of destroying records after six years. In 2005 Newton again requested a search; the evidence was found. The Chief Medical Examiner concluded that the rape kit DNA profile did not match Newton. The state court vacated Newton’s conviction. Newton sued the city and NYPD officials, claiming that the inadequate evidence management system had deprived him of due process and access to the courts. The district court set aside a verdict in Newton’s favor. The Second Circuit vacated. New York law does provide a convicted prisoner a liberty interest in demonstrating his innocence with newly available DNA evidence and such a prisoner is entitled to reasonable procedures that permit him to vindicate that interest.
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