A new law in Texas will pay wrongly convicted inmates up to $80,000 for each year they spent in prison. In addition, the law grants an annuity which will provide a lifetime of income for the exonoree.

The wrongful conviction compensation bill is HB1736 and is called the Tim Cole Act. Cole died in prison at age 38, after being convicted of rape. DNA testing on an original rape kit proved cole was not the rapist.

Rick Perry, the Governor of Texas, signed the bill on the same day Jerry Lee Evans was released from prison. Evans did 23 years for a rape he didn't commit.

It's clear that DNA testing would have proved the innocence of both Cole and Evans had it been available during their trials. But it wasn't. DNA testing has already helped exonorate 40 inmates in Texas, the most of any state. If testing was available in 1985, the year of Cole's trial, he never would have been convicted.

I'd like to find the evidence the prosecution used to convict him. A Chron.com article says that the rape victim in the case was working with Cole's family to clear his name. How on earth did Cole get convicted if the victim said he didn't do it?

This law is extremely broad to say every person who is wrongly convicted will get $50,000-$80,000 for every year they spent in prison. I think the person who was wrongly convicted should get paid for whatever they were getting paid when they went to prison. Take a look at the last five W-2's and set an average. Add inflation for each year. If someone was working at McDonald's before being convicted, why pay them $65,000 a year. On the other hand, a restauranteur making $500K per year isn't getting compensated with $80,000.

Now that forensic DNA testing is available, instances of wrong convictions should decrease drastically. Hopefully, it will phase out and states won't need to dish out millions to innocent people.

Arizona's Justice Project is hopping on the bandwagon of offering DNA testing to convicts they believe are innocent.

Families going through the immigration process in order to bring relatives to the U.S. are used to a lot of things. They're used to high fees to fill out forms. They're used to waiting months or years after filing an I-130 to hear a response from immigration services. They're used to getting phone numbers for answering services, and never being able to speak to a live representative. Most immigrant families are used to waiting uncomfortably for their loved ones to join them in the United States.

One thing families are not used to is good customer service. Quality customer service should be a prerequisite when choosing a DNA lab for your immigration DNA test. Here are three points to consider when rating a DNA company's customer service:

1. They Answer The Phone - There's nothing like calling a company and being on hold for 20 minutes. Nobody likes to leave a message on an answering machine, never to get a call back. Your DNA company should answer the phone when you call, or return your message promptly.

2. They Do Everything For You - A lot of things need to happen in order for an immigration DNA test to fall into place. Shipments are made, appointments are scheduled, results are sent. Some laboratories put responsibilities in the hands of the client. A good laboratory will handle all shipments, appointment scheduling, and anything else you need to get your case completed.

3. They Keep You Updated - All shipments for your immigration DNA test should be tracked. A case manager should schedule all appointments and let both beneficiary and petitioner know when their appointment is. When the samples are in the DNA lab, they can be tracked through the testing process. Your results can be tracked back to the U.S. Embassy. You should be assigned a DNA case manager who will notify you of the progress of your test.

You deserve great customer service from your immigration DNA testing lab. Expect nothing less.

Guys get a bad wrap. Men are thought of as cheaters. One blogger threw out a statistic that 3 out of 4 men in a committed relationship are unfaithful. It seems a bit high, and I wonder where the research came from

Without diving head first into detailed research on infidelity, I think it's safe to say that infidelity has become more commonplace. That doesn't make it right, only more widespread. With men being the blamed sex, women's infidelity often gets overlooked. Men who suspect infidelity shouldn't write it off.

An AskMen.com article lists 10 signs she's cheating on you. The top 10 list includes her having a secretive friend, hiding her schedule, and making an extra effort to look attractive. The author of the article, Eric Heston, goes on to say that guys shouldn't fool themselves into thinking a woman would never cheat, nor should they jump to conclusions that she is. If you notice one or more of Heston's top 10 I've got a way for you to get proof.

DNA technology has allowed laboratories to offer infidelity testing. This test involves screening a suspicious article of clothing or other fabric (bedsheets, towel, etc.) to determine if semen is present. Once found, the lab can extract DNA from the sample, producing a DNA profile. Just like a profile for a paternity test or CODIS database, results will show a full 16 genetic marker report. From there, you can compare the profile to your own DNA. If the semen isn't yours, then you've confirmed your suspicions.

The crucial part of this is the stain. You can attempt to extract DNA from anything, but unless there's a noticeable stain the odds of obtaining a profile are small. When a stain is present DNA can almost always be extracted.

Is there a more effective method of proving infidelity? Well, you could always call Cheaters and catch it on video tape.

The Supreme Court is making a ruling on whether it is okay for the state to deny access to DNA evidence that may prove someone's innocence. I believe this ruling is focused on individuals who have already been convicted of crimes, and are now serving out their sentences. An article by journalist, Ed Brayton, reported that the Obama Administration is in favor of blocking the evidence.

46 States have enacted laws which allow for post-conviction DNA testing. However, the prosecution is coming up with arguments to circumvent the law. They have two major arguments:

1. The DNA testing could cause years of delay.

Well guys, you're right about that one. DNA testing could take some time, and it could delay putting someone to death for a crime they didn't commit. It sounds to me like you would rather end it quick and close the book before anybody finds out the real truth.

1A. The delay could cause the statute of limitations to elapse, preventing the trial of additional suspects.

So someone in jail is better than nobody, right? If we can't get the guilty person, then we should at least get the person the blind eyewitness identified as the perp.

2. If the perp has been identified by witnesses then there is no need for DNA testing.

Is the witness credible? Was it dark out? Does the perpetrator have common features? There are plenty of studies out there showing false eyewitness testimony. I'll find some and link to them here.

Brayton makes it very clear that prosecutors don't want the uncomfortable feeling of telling a wrongly convicted individual that they were wrong. They just assume trusting the system and closing the book.

Is the justice system supposed to be about saving face or providing justice to all?

For more information about this post, Here are three other quality blog posts. 1)I found a great article written by criminal lawyer, Ronald Chapman. 2) Tim Welch also has a unique take on the issue of prosecutors blocking DNA testing evidence. 3) Progressive Puppy is a news and commentary blog with some good feedback.

Identical Twins are very rare, and very unique. Most people have mistaken a twin for the other. It's understandable. They have exactly the same DNA. You must have heard the stories about the twins who get away with crimes, because the police can't prove who did it using DNA testing. The same thing has happened with child support cases. Two identical twins had intercourse with the same woman at around the same time. She had a child, and both men submitted to a paternity test. They both showed 99.999% to be the father of the baby.

Unlike criminal court, where the prosecution needs to provide hard facts and evidence in order to convince a suspect, family court relies on a judges ruling only. The judge usually picks one of the twins. I'm not sure the exact method of choosing, but it's the judges decision that determines the fate of the fathers, and the child.

There was a very rare occurence in Dallas, Texas recently involving fraternal twins. After the father became suspicious because the 11-month old children looked different, he demanded a paternity test. The results showed that he was the father of only one of the twins. How is that possible? It's called heteropaternal superfecundation. This Science Blog discusses the Mia Washington case in detail.

Heteropaternal superfecundation occurs when the mother releases two eggs which are fertilized individually be two different sperm. They usually are sperm from the same father. In this case the father is different. The test results show that Ms. Washington was unfaithful during the time she was impregnated. Her husband has forgiven her, and vowed to raise both the children as his own.

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To what lengths would you go for a paternity test? Would you collect some hair? Go to the store and buy a home kit? Would you exume a dead body?

A 72 year old man in Geneva, Switzerland petitioned the court more than 10 years ago to exhume the remains of a man he believes is his father. According to World Radio, the man's mother told him late in life that the deceased man was his father. The man died in 1976 and was buried in Switzerland.

"He had to take his case from Switzerland to the European Court of Human Rights in order to get permission to dig up his father’s remains."

Ten years after his petition began, he has won the right to exhume the body. I'm really not sure what the circumstances are behind this case, but this deceased gentleman must be very important. The man has been put to rest for more than 30 years.

In order to obtain DNA from a sample that old, DNA technicians will probably recommend removing either a tooth or a femur. Then they will drill into the leg bone to extract bone marrow which contains DNA.

This amount of hassle makes me want to figure out why the 72 year olf Swiss man needs to know who his father is.

We get this question all the time. A client asks, "Will my results be legal in court?" The honest answer is, it depends on the judge. The judge decides what will be excepted as evidence and what will be thrown out. There are are three things you can do to make fairly certain your DNA test results will be admissible as evidence in court. Here they are:

1) Unbiased Third Party Collection

Your samples need to be collected by someone who does not care how the results come out. You cannot do it yourself, because you might try to cheat the system. Your brother can't do it, because he wants to get you off the hook. It needs to be done by someone who has no interest in you being the father or not the father. The keyword here is unbiased.

2) Chain of Custody

Paperwork needs to be filled out which shows every person who touches the samples between the time it is collected and the time the results are reported. Whoever collects the DNA sample needs to sign off on it. If they ship the package using FedEX, then they need to sign off on that. When the lab receives it....you guessed it...they sign off on it. We need to make sure that no party has entered the chain of custody and tampered with the samples.

3) Accredited Laboratory

The lab that performs your test should be accredited at the very least by the AABB. This is an organization that overseas DNA testing labs and makes sure they follow proper procedures. If you choose a lab that is not accredited you might get a cheaper price, but you might not get an accurate result, and the judge may through the results out.

If you follow the three guidelines above you should get results which are court admissible.  Legal DNA testing is becoming more and more important in cases of child support, custody, and even infidelity.

Best of luck!

Families going through the immigration process are forced to hurry up and wait. Hurry up and fill out your I-130. Wait for the Immigration Department to contact you. Hurry up and file your affidavit of support. Wait for Immigration to approve it. Wait for them to schedule a final interview. Then you go and they tell you to get a DNA test to prove you're related. You're expecting to play the hurry up and wait game again, but you don't have to. You can choose an AABB lab that will treat you the way you deserve to be treated.

Turnaround time for immigration DNA testing varies widely depending on the country. There are four major factors that will affect how quickly your DNA test is completed.

1. Payment and Petitioner Collection - The petitioner needs to make payment, and provide the necessary information to the lab in order for the test to begin. After that, the company will schedule a DNA collection for the petitioner. A quality laboratory will schedule an appointment within 2 days.

2. Shipping - The DNA testing lab will need to ship collection supplies overseas, so the beneficiary/ies can be collected. Choose a lab that ships using international priority, which is the fastest and safest way to ship. Make sure the lab ships the supplies the same day payment is made, so the process is not delayed. Some labs will wait for 5 or so cases to come in, so they can batch the supplies and save on shipping costs. Ask the lab if they do this. Shipping also includes the package being sent back to the DNA lab for testing, along with the results being sent to U.S. Immigration. All shipments should be made priority.

3. Foreign Collection - The U.S. Embassy will contact the beneficiary to schedule an appointment. This can take anywhere between 1 week and 6 months. Make sure you choose a lab that will follow up with the Embassy, and try to get the beneficiary an appointment as quickly as possible. A good lab will keep in constant contact with the petitioner, the beneficiary, and the Embassy to make sure the collection gets completed fast.

4. Tracking and Follow-Up - This is an extension of what I talked about above. You should be assigned a personal case manager who tracks your case from start to finish, ships priority, schedules appointments quickly, and reports results fast.

Don't settle for the "hurry up and wait" mentality that is the status quo in the immigration process. Ask questions to make sure the lab you choose is working for you, so your family will get their visa fast.

We recently received word from the U.S. Embassy approved physician in Accra, Ghana that all immigration DNA testing in Ghana is being put on hold until further notice. This action takes effect with cases scheduled after Wednesday May 13.

There have been recent developments at the U.S. Embassy which have led to the halt of DNA testing. We have no further information right now, but we will post all updates on our DNA testing in Ghana page.

All DNA testing is completed at Medlab in Accra, Ghana. Currently, we will still be taking on new cases in Ghana, and will attempt to expedite them as quickly as possible. If you have questions about an open case, then please call our toll free number.

The goal of the courts is to deliver justice by putting the bad guys in jail. But what happens when innocent people get sent to prison for crimes they didn't commit?

In the 1970's and 1980's there was no DNA technology, so suspects were convicted of crimes using circumstantial evidence and eye-witness testimony. Some of these convicted felons swear they are innocent.

An article at a Charlottesville, VA news website has reported that new DNA tests for criminals who say they are innocent is being completed. Two convicted rapists have already been released. This issue is extremely widespread. The Innocence Project has already overturned 238 wrongful convictions using DNA testing. According to the Innocence project, forensics accounts for 52% of the flaws in wrongful convictions nationwide.

There needs to be better education and processes put in place so this does not keep happening. Thankfully, in 2009, we have forensic DNA testing technology widely available to those in need.