For months, the Governor's Legal Counsel, Centurion Ministries, and the forensic scientist who tested the biological evidence during Coleman's post-conviction appeal process -- and still retained it -- have been in negotiations to agree on a credible protocol for retesting the evidence with the latest DNA technology. That negotiation was completed and the first set of samples sent to Ontario's Centre of Forensic Sciences (CFS) lab in Toronto on December 15, 2005. The second delivery of evidence to the lab is about to begin.
From the two rounds of tests, it is possible that a more conclusive result will be obtained. The original DNA testing in the case, done in 1990, indicated that evidence taken from the victim would match DNA shared by Coleman and 2 percent of the Caucasian and African-American populations.
"We have found that the latest DNA technology -- in certain instances where the other facts of a case support it -- has provided a definitive result not available at the time of trial or post-conviction testing," said Governor Warner. "This is an extraordinarily unique circumstance, where technology has advanced significantly and can be applied in the case of someone who consistently maintained his innocence until execution. I believe we must always follow the available facts to a more complete picture of guilt or innocence. My prayers are with the family of Wanda McCoy as we take this extraordinary step."
"I am quite pleased to report that Centurion Ministries and Governor Mark Warner have agreed on a protocol for DNA testing to proceed in the Roger Coleman case," said Jim McCloskey of Centurion Ministries. "The Governor's Office has consistently acted in good faith throughout the negotiating process and acted as expeditiously as possible since the process began."
As part of the negotiated testing protocol, Dr. Blake has submitted an affidavit attesting to the integrity of the samples since they have been in his lab's possession. This is the same type of affidavit that would be filed in a criminal proceeding.
The governor is hopeful that the testing will have concluded before the end of his term on Saturday, January 14th, and he will be able to publicly announce the results.
Virginia recently pardoned two convicted felons after DNA testing -- not available at the time of trial, exonerated them.
