A Double-Edged Sword

DNA evidence has been a remarkable advance in the criminal justice system. It has freed people who were falsely convicted, it has ensured that the guilty were identified and punished.

And it almost let a rapist walk free.

It took three trials to obtain the conviction of Darrin Fernandez of Boston for a rape committed in 2001. It seems that Fernandez was able to effectively present a reasonable doubt in that the DNA evidence was unable to differentiate between himself and his twin brother. Two previous juries deadlocked.

In the third trial prosecuters finally presented evidence of a pattern of behavior, including the striking similarities to a previous rape conviction that he was already serving time for.

Prosecuters said they were unwilling to put the first victim through another trial, but they did produce her for the third trial.

Why do I have a sinking feeling that the Massachusetts Supreme Court has yet to be heard from on this one.