United States v. Pitera, No. 10-1564 (2d Cir. 2012)Annotate this Case
Defendant appealed from the district court's denial of his motion to compel post-conviction DNA testing of six items pursuant to the Innocence Protection Act, 18 U.S.C. 3600 et seq. Defendant contended that the testing of these items would provide evidence exonerating him from his conviction for the murder of three persons in furtherance of a continuing enterprise. On appeal, defendant faulted the government for failing to take reasonable measures to preserve the items he sought to test and for lack of due diligence in searching for the items. The court held that defendant failed to show that "[t]he proposed DNA testing of specific evidence may produce new material evidence that would...raise a reasonable probability that [he] did not commit the offense." Accordingly, the court affirmed the judgment.