GOING BACK AND GETTING IT RIGHT
By almost every measure, Paul Pfingst is an unsentimental prosecutor. Last week the San Diego County district attorney said he fully intends to try suspect Charles Andrew Williams, 15, as an adult for the Santana High School shootings. Even before the tragedy, Pfingst had stood behind the controversial California law that mandates treating murder suspects as young as 14 as adults.
So nobody would have wagered that Pfingst would also be the first D.A. in the U.S. to launch his very own Innocence Project. Yet last June, Pfingst told his attorneys to go back over old murder and rape convictions and see if any unravel with newly developed DNA-testing tools. In other words, he wanted to revisit past victories――this time playing for the other team. I think people misunderstand being conservative for being biased, says Pfingst. I consider myself a pragmatic guy, and I have no interest in putting innocent people in jail.
Around the U.S., flabbergasted defense attorneys and their jailed clients cheered his move. Among prosecutors, however, there was an awkward pause. After all, each DNA test costs as much as $5,000. Then there's the unspoken risk： if dozens of innocents turn up, the D.A. will have indicted his shop.
But nine months later, no budgets have been busted or prosecutors ousted. Only the rare case merits review. Pfingst's team considers convictions before 1993, when the city started routine DNA testing. They discard cases if the defendant has been released. Of the 560 remaining files, they have re-examined 200, looking for cases with biological evidence and defendants who still claim innocence.