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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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Delaware

Police investigating shooting in Claymont, Delaware

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Police investigating shooting in Claymont, Delaware


Sunday, June 7, 2026 2:20PM

Police investigating shooting in Claymont, Delaware

CLAYMONT, Delaware (WPVI) — A shooting investigation is underway in Claymont, Delaware.

The Action Cam was at the scene on the 900 block of Peach Tree Road Saturday night as police surrounded the area of the Woodstream Garden Apartments.

Investigators say at least one person was hurt.

There has been no word on that person’s condition.

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Copyright © 2026 WPVI-TV. All Rights Reserved.



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Delaware County Pride celebrations draw hundreds to Media for 4th annual parade

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Delaware County Pride celebrations draw hundreds to Media for 4th annual parade


Community members lined the streets of Media on Saturday for the fourth annual Delco Pride Parade, celebrating visibility, community and support for LGBTQ+ residents across Delaware County.

Marchers carrying rainbow flags, signs and banners made their way through downtown Media before gathering at the Delaware County Courthouse for a Pride flag-raising ceremony.

For many attendees, the event represented more than a celebration.

“I think it’s so special…in a community where Pride isn’t a long-established tradition…to be able to have people be so out and proud, visible in the community,” said Abby Weissman, who marched alongside fellow members of the Hedgerow Theatre Company. 

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The message resonated with attendees of all ages.

“Everyone’s expressing themselves,” 11-year-old Madelyn Rothdeutsch Keckler said. “Not what people want them to be, just what they are,”

Others said the event reflected personal journeys toward acceptance.

Francis Palmarino, who marched with members of his church community, said finding a welcoming congregation helped him embrace his identity as a bisexual man.

“It’s not something to be scared of,” Palmarino said. “The idea of Pride is to celebrate togetherness.”

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Parents and allies also turned out to show support for LGBTQ+ loved ones.

“It’s important for parents like me to be visible in this parade because then they know that no matter what, they are always loved,” said Nikki Brake-Silla, who attended in support of her daughter.

Volunteers with the organization Free Mom Hugs offered encouragement to attendees whose families may not be as supportive.

“Even if someone’s birth family is not accepting of them, we like to let them know there’s a place for them,” said Bonnie Kaplan.

Following the parade, eventgoers gathered outside the Delaware County Courthouse as the Pride flag was raised and members of the Transcendent Choir performed.

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A.K. Hazel, a nonbinary advocate for transgender youth, said the ceremony was moving.

“I got very emotional because getting to raise the Pride flag here at all means so much, knowing that my community believes in me and the people that I love,” Hazel said.

The Delco Pride Festival is scheduled for June 13 in Upper Darby.



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Where to find u-pick blueberries, other farm activities in Delaware

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Where to find u-pick blueberries, other farm activities in Delaware


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June means blueberry season is here, and Delaware has several farms offering u-pick fruit.  

Whether you’re looking for farm-fresh produce to munch on or local ingredients for your summer baking, here’s where you can pick your own blueberries in Delaware this year.  

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Fifer Orchards, Camden  

Recognized as a Delaware century family farm after opening in 1919,  Fifer Orchards in Camden typically offers blueberry picking Monday through Friday from 10 a.m. to 4:30 p.m. (exit by 5 p.m.) for the U-Pick experience.  

For even more fun, U-Play admission features yard games, photo opportunities, food and picnic tables and restrooms for public use. The farm also has Saturdays Extras events with even more to do.  

You also can stop by the Farm Store to purchase local goodies and a selection of the orchard’s fresh fruits and vegetables.   

If you find yourself getting hungry after picking blueberries, the Farm Kitchen building sells a variety of lunch and dessert items. 

The farm uses its Facebook page to keep guests updated on daily picking conditions and orchard offerings.  

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1919 Allabands Mill Road, Camden, (302) 697-2141; fiferorchards.com/     

Bennett Orchards, Frankford  

Bennett Orchards is another location offering u-pick blueberries. This Frankford farm has several varieties of blueberries and sells produce at various farmers markets throughout the beach towns if you can’t fit in a day of picking.   

The farm provides wagons free of charge to help with the picking experience, and Bennett Orchards’ picking containers can be used on return visits for a discount. 

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Keep tabs on their website for updates on u-pick offerings this summer.  

31442 Peach Tree Lane, Frankford,(302) 732-3358; bennettorchards.com/.  

Kingsley Orchards, Frankford  

Kingsley Orchards in Frankford is well-known for several types of u-pick berries.   

If you’re new to the orchard or have never picked your own fruit before, find one of their farmers for a quick lesson on all things u-pick!   

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Keep an eye on their Facebook page for updates on u-pick hours and availability.   

24349 Blueberry Lane, Frankford,(302) 238-0105;www.kingsleyorchards.com/index.html.  

Parsons Farms Produce, Dagsboro  

Parsons Farms Produce in Dagsboro has u-pick blueberries and other fruits available during the spring and summer months.  

To make the u-pick outing complete, they also have fresh beef for sale, a country store filled with fresh produce, ice cream, events and farm animals available for feeding and petting.    

The farm’s Facebook page will provide u-pick updates as the crops become available. 

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30391 Armory Road, Dagsboro, (302) 732-3336; parsonsfarmsproduce.com/.  

Got a tip or a story idea? Contact Krys’tal Griffin at kgriffin@delawareonline.com



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