CRIMINAL LAW IN BERGEN AND PASSAIC COUNTIES: MISSING DNA EVIDENCE

In 1985, a defendant in Essex County was convicted of rape and sentenced to a 50 year term of imprisonment. While this case was on appeal, the use of DNA evidence first appeared in a criminal prosecution.  Resultingly, the defendant requested the government to produce the victim’s bedding and the rape kit used by the government.  At the plenary hearing that followed, the prosecutor told the trial judge that the evidence had been removed from the evidence room and its whereabouts were unknown.  Resultingly, the trial court denied as moot the defendant’s request for the production of the evidence.

Almost 20 years later and armed with a new lawyer, the defendant returned to the courthouse.  This time, the trial judge instructed the Essex County Prosecutor’s Office to conduct a more through investigation and search.  Apparently, one of the arguments that convinced the judge to require a more integrated investigation was the revelation that the prosecutor’s office maintained a “legacy vault” that contained evidence from cases that occurred in the 1980's .  The vault could not be opened because no one knew the combination of the door.  Recently, the vault was open and it was found to contain some evidence from the defendant’s original case, but not the evidence requested for the DNA testing.