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New bills would require Delaware to keep DNA evidence in criminal cases

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New bills would require Delaware to keep DNA evidence in criminal cases


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  • Delaware is one of the few states without a formal law mandating the preservation of evidence like blood, semen or hair.
  • Senate Bill 214 would require evidence to be kept as long as a crime is unsolved or a person remains in custody.
  • Two other related bills would modernize post-conviction DNA testing laws and allow challenges to convictions based on discredited forensic science.

Television crime dramas have trained audiences to believe DNA evidence is always collected, stored and available to be tested years later. In Delaware, that assumption is often wrong. A new legislative package would overhaul how the state preserves biological evidence, a change advocates say could determine whether wrongly convicted people ever get a real chance to prove it.

According to data from the University of Michigan Law School, Delaware has recorded just five known exonerations. That figure stands in sharp contrast to nearly 4,000 exonerations nationwide since 1989. Lawmakers and advocates say the disparity is evidence of a criminal justice system that makes it difficult to prove innocence after a conviction becomes final.

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Efforts to address that concern center on Senate Bill 214, introduced by Sen. Kyra Hoffner. The bill would, for the first time, require the state to preserve biological evidence connected to criminal cases. The proposal is supported by Innocence Project Delaware, which has received nearly 200 requests for post-conviction assistance since opening in 2020 from people who say they were wrongly convicted.

Dan Signs, a staff attorney with Innocence Project Delaware, said Delaware is one of a small handful of states without a formal statute that sets clear standards for how long biological evidence must be preserved. As a result, there is no uniform system for maintaining blood, semen, hair or other material that could later be tested using DNA technology unavailable at the time of trial.

By failing to keep pace with national standards, Delaware leaves people with credible innocence claims unable to access evidence that could vindicate them.

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What’s in Senate Bill 214?

If passed, SB 214 would mandate the preservation of all biological evidence in the state’s custody that is connected to a criminal investigation or prosecution. Evidence would have to be retained for as long as a crime remains unsolved or for as long as a convicted person remains in custody, regardless of whether the conviction resulted from a trial or a guilty plea.

The bill also spells out the when biological evidence may be destroyed. Under limited and clearly defined circumstances, destruction would be allowed only if all five of the following conditions are met:

  • More than five years have passed since the conviction became final and all appeals are exhausted.
  • The evidence is not tied to a Class A through Class E felony.
  • No other state or federal law requires the evidence to be preserved.
  • The state sends certified written notice of its intent to destroy the evidence to specified parties, including anyone still incarcerated because of that conviction.
  • No person who has received such notice files a motion for DNA testing or a written request to retain the evidence within 180 days.

For evidence that is too large or impractical to store, the state would still be required to preserve any portions likely to contain biological material. If evidence that should have been preserved cannot be produced, courts would be required to hold a hearing to determine whether its destruction was intentional.

The legislation would take effect 30 days after becoming law.

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Legislative package to reform forensic justice

SB 214 is intended to work in tandem with two additional bills introduced by Hoffner that target other barriers to post-conviction relief.

SS1 for Senate Bill 57 would eliminate outdated technological restrictions and legal processes that hinder defendants from pursuing innocence claims. The bill would modernize Delaware’s post-conviction DNA testing law by removing time limits that prevent access for those convicted before DNA testing became routine and allow individuals to petition courts for post-conviction DNA testing.

SS1 for Senate Bill 58 would establish a formal court process for challenging convictions that relied on forensic methods later shown to be unreliable or discredited.

Advocates point to a growing list of forensic techniques once treated as authoritative but now widely questioned or rejected:

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  • Bite mark analysis
  • Hair comparison analysis
  • Certain arson investigation methods
  • Comparative bullet lead analysis

Breakthroughs in DNA testing and forensic science have repeatedly exposed flaws in these methods, leading to exonerations in other states.

What happens next?

The two post-conviction reform bills are awaiting consideration in the Senate Finance Committee. SB 214 is expected to be heard in the Senate Corrections and Public Safety Committee later this January.

Supporters say the proposals together would mark a systemic shift in Delaware’s approach to justice. Instead of relying on procedural conclusions, the state would commit to preserving evidence and revisiting past cases when science advances or new facts emerge, allowing truth, even when delayed, a chance to come to light.

To share your community news and activities with our audience, join Delaware Voices Uplifted on Facebook. Nonprofits, community groups and service providers are welcome to submit their information to be added to our Community Resources Map. Contact staff reporter Anitra Johnson at ajohnson@delawareonline.com.



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Vote for Week 1 Delaware High School Team of the Week

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Vote for Week 1 Delaware High School Team of the Week


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Help decide which team was the best in Delaware high school sports during Week 1 of the spring sports season. Vote for the Delaware Online High School Sports Team of the Week.

Nominations for Athlete of the Week and Team of the Week can be sent to high school sports reporter Brandon Holveck at bholveck@delawareonline.com. The nomination period closes Sunday. Please send the name of the team or athlete you would like to nominate and a brief summary of their accomplishments in the past week.

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Polls are open to the public with unlimited voting from Monday through Thursday. Winners are announced Friday. Here are this week’s nominees:

Archmere girls lacrosse: The Auks opened the season 3-0 with wins over Shipley (Pa.), Wilmington Friends and Ursuline.

Concord softball: The Raiders defeated Appoquinimink 7-6 and Brandywine 10-6.

Delcastle boys volleyball: The Cougars opened the season 3-0 with wins over Christiana, McKean and Appoquinimink (3-2 on March 27).

Hodgson baseball: The Silver Eagles defeated McKean 13-3 and Middletown 11-9.

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Padua girls tennis: The Pandas opened the season 3-0 with wins over Appoquinimink, Ursuline and Wilmington Friends.

Brandon Holveck reports on high school sports for The News Journal. Contact him at bholveck@delawareonline.com.



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Delaware Lottery Play 3 Day, Play 3 Night winning numbers for April 5, 2026

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Delaware Lottery Play 3 Day, Play 3 Night winning numbers for April 5, 2026


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The Delaware Lottery offers several draw games for those aiming to win big.

Here’s a look at Sunday, April 5, 2026 results for each game:

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Winning Play 3 numbers from April 5 drawing

Day: 2-2-6

Night: 8-9-2

Check Play 3 payouts and previous drawings here.

Winning Play 4 numbers from April 5 drawing

Day: 3-0-0-2

Night: 8-4-1-3

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Check Play 4 payouts and previous drawings here.

Winning Multi-Win Lotto numbers from April 5 drawing

03-06-07-25-26-33

Check Multi-Win Lotto payouts and previous drawings here.

Winning Play 5 numbers from April 5 drawing

Day: 3-6-2-8-4

Night: 8-3-2-2-6

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Check Play 5 payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your lottery prize

  • Sign the Ticket: Establish legal ownership by signing the back of your ticket with an ink pen.
  • Prizes up to $599: Claim at any Delaware Lottery Retailer, in person at the Delaware Lottery Office, or mail your signed ticket and claim form; print your name/address on the ticket’s back and keep a copy/photo for records. By mail, send original tickets and documentation to: Delaware Lottery, 1575 McKee Road, Suite 102, Dover, DE 19904.
  • Prizes up to $2,500: Claim in person at Delaware Lottery Retailer Claim Centers throughout Kent, Sussex and New Castle Counties.
  • Prizes of $5,001 or more: Claim in person at the Delaware Lottery Office (business days 8 a.m. to 4 p.m.) with a photo ID and Social Security card.
  • For all prize claims, directions to the Delaware Lottery Office are available online or via mapquest.com for a map.

Check previous winning numbers and payouts at Delaware Lottery.

Can I claim a jackpot prize anonymously in Delaware?

Fortunately for First State residents, the Delaware Lottery allows winners remain anonymous. Unlike many other states that require a prize be over a certain jackpot, Delawareans can remain anonymous no matter how much, or how little, they win.

How long do I have to claim my prize in Delaware?

Tickets are valid for up to one year past the drawing date for drawing game prizes or within one year of the announced end of sales for Instant Games, according to delottery.com.

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When are the Delaware Lottery drawings held?

  • Powerball: 10:59 p.m. Monday, Wednesday, and Saturday.
  • Mega Millions: 11:00 p.m. on Tuesday and Friday.
  • Play 3, 4: Daily at 1:58 p.m. and 7:57 p.m., except Sunday afternoon.
  • Multi-Win Lotto: 7:57 p.m. Monday, Wednesday, and Friday.
  • Lucky for Life: Daily at 10:38 p.m.
  • Lotto America: 11:00 p.m. Monday, Wednesday, and Saturday

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Delaware Online digital operations manager. You can send feedback using this form.



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2 men hospitalized following shooting in Wilmington, Delaware

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2 men hospitalized following shooting in Wilmington, Delaware


Sunday, April 5, 2026 1:55PM

2 men hospitalized following shooting in Wilmington, Delaware

WILMINGTON, Del. (WPVI) — Authorities in Wilmington, Delaware are investigating a shooting that sent two people to the hospital.

It happened just before 6 p.m. Saturday on the 2300 block of Lamotte Street.

Police say a 25-year-old man was shot repeatedly, and a 20-year-old man was shot in the head.

Both victims are hospitalized.

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No word on their conditions.

Copyright © 2026 WPVI-TV. All Rights Reserved.



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