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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

Four shot at Waffle House in Newark, Del.

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Four shot at Waffle House in Newark, Del.


Saturday, July 18, 2026 10:24AM

Four shot at Newark, Del. Waffle House

NEWARK, Del. (WPVI) — Delaware State Police are investigating after four people were shot outside a Waffle House restaurant.

Police arrived to the scene, along the 1400 block of Pulaski Highway just after 1a.m. They found dozens of shell casings.

Police sources said four people, two men and two women, were hit. Two are in serious condition, two are stable.

The investigation is active and ongoing. Action News has reached out to police for more information on suspects or a motive.

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Copyright © 2026 WPVI-TV. All Rights Reserved.



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Canadian Wildfire Smoke Pushes Delaware Air Quality to Code Red | Delaware LIVE News

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Canadian Wildfire Smoke Pushes Delaware Air Quality to Code Red | Delaware LIVE News


Photo: data from the livewildfiremap.com website. Image created with AI on 7/17.

Dense smoke is expected to begin clearing Saturday afternoon, but children, older adults and people with heart or lung conditions should remain cautious through the weekend.

Delaware residents are being urged to limit strenuous outdoor activity Friday as smoke from Canadian wildfires pushes fine-particle pollution into the unhealthy range across the First State.

The Delaware Department of Natural Resources and Environmental Control forecast a Code Red Air Quality Action Day for particulate matter Friday, July 17. The state projected a fine-particle Air Quality Index of 186, a level considered unhealthy for everyone.

The smoke is expected to begin gradually clearing Saturday afternoon and evening as winds shift and scattered thunderstorms help mix cleaner air into the region. However, dense smoke may remain trapped near the ground Saturday morning, keeping conditions unhealthy for sensitive groups during the first half of the day.

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DNREC forecasts a PM2.5 index of 102 for Saturday, placing air quality in the Code Orange category, or unhealthy for sensitive groups. Conditions are expected to improve to moderate Sunday and Monday, although thin smoke and haze could remain over Delaware.

New Castle County is expected to experience the greatest impact from the wildfire smoke, particularly in Wilmington, Newark and Bear, where fine-particle pollution may remain concentrated near the ground. Kent County, including Dover and Smyrna, is expected to see a moderate impact. Conditions in Sussex County may range from light to moderate depending on wind direction, with Milford, Georgetown and Laurel likely to experience less severe smoke than northern Delaware.

Why the air is unhealthy

The primary concern is PM2.5, microscopic particles with diameters of 2.5 micrometers or smaller. The particles are produced when trees and other organic materials burn and can travel hundreds or thousands of miles from the original fire.

Because the particles are so small, they can enter the lungs and, in some cases, affect the cardiovascular system. The smoke also contains gases and other pollutants, but federal health officials consider fine-particle pollution the greatest immediate health concern during most wildfire-smoke events.

Light northerly winds carried the dense smoke into Delaware. A temperature inversion — a layer of warmer air above cooler surface air — also helped trap the pollution close to the ground, allowing smoke concentrations to build during the morning.

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Saturday’s approaching warm front is expected to turn winds toward the south and southwest. Thunderstorms may also help disperse the smoke. A cold front Sunday could carry a thinner plume back into Delaware, while light winds Monday may allow some haze to linger.

Who should be most careful

Code Red means some members of the general public may experience health effects, while people in sensitive groups face a greater chance of more serious symptoms.

Those at higher risk include:

  • Children and teenagers, particularly those with asthma.
  • Adults 65 and older.
  • People with asthma, chronic obstructive pulmonary disease or other lung conditions.
  • People with heart disease, high blood pressure or diabetes.
  • Pregnant women.
  • Outdoor workers and people exercising or playing sports outside.
  • People who do not have reliable access to filtered indoor air.

Children are more vulnerable because their lungs are still developing, they are often more active outdoors and they inhale more air relative to their body weight. Older adults are more likely to have existing heart or lung conditions that can be aggravated by smoke.

Symptoms to watch for

Wildfire smoke can cause burning or watery eyes, a runny nose, throat irritation, coughing, headaches and fatigue.

More concerning symptoms include wheezing, chest tightness, shortness of breath, an irregular heartbeat or becoming unusually winded during light activity. People with asthma may need their rescue inhalers more frequently, while those with heart disease may face an increased risk of serious cardiovascular problems.

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Anyone experiencing severe chest pain, significant difficulty breathing, confusion, fainting or signs of a heart attack or stroke should seek immediate medical assistance.

How residents can reduce exposure

Residents can lower their exposure by moving exercise and other strenuous activities indoors, keeping windows and doors closed and running air conditioning on a recirculation setting.

Portable air cleaners or high-efficiency heating and cooling filters may help reduce smoke particles indoors. People who must spend extended periods outside may consider a properly fitted N95 respirator, although masks do not eliminate all exposure and are less effective when they do not seal tightly against the face.

Healthy adults are generally less likely to experience serious problems from a brief smoke event, but federal health officials advise everyone to reduce exposure when the air reaches Code Red.

TO GO BOX

  • What: Delaware Code Red Air Quality Action Day for fine-particle pollution
  • When: Friday, July 17, with Code Orange conditions expected Saturday morning
  • Expected improvement: Smoke should begin dispersing Saturday afternoon and evening. Moderate air quality is forecast Sunday and Monday, although haze may linger.
  • Who should take extra care: Children, older adults, pregnant women, outdoor workers and people with asthma, COPD, heart disease, high blood pressure or diabetes
  • What to do: Limit strenuous outdoor activity, keep windows closed, use recirculated or filtered indoor air and check current conditions before exercising or working outside
  • More information: Check DNREC’s Air Quality Forecast page or EPA’s AirNow service. Delaware health questions may be directed to the Division of Public Health at 302-744-4700.



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Family of Kadir Skinner to sue Wilmington over police killing

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Family of Kadir Skinner to sue Wilmington over police killing


Why Should Delaware Care?
A recent police shooting of a 19-year-old in northeast Wilmington has become one of the city’s highest-profile use-of-force cases in years. A Delaware Department of Justice investigation into the incident is expected to be closely watched as residents look for answers and justice.

The family of Kadir Skinner, the 19-year-old who was fatally shot by Wilmington police last month, announced Tuesday they will seek $25 million from the city in a wrongful death lawsuit.  

The announcement was made during a press conference the family held with their attorneys on the same day that state and city officials released body camera footage from the night Skinner was shot. 

The footage shows a chaotic 28 seconds between the moment the shooting officer leaves his vehicle to chase Skinner, before firing his weapon and handcuffing the wounded teen on the pavement of a Wilmington street. Another three-and-a-half minutes pass after Skinner was shot before officers place him into a patrol car and take him to Wilmington Hospital, where he died. 

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During the press conference, the family’s attorney Harry Daniels referenced that the video also shows a loose dog behind Skinner as the officer begins his pursuit.  

“If they continue to shoot and kill our Black men down in the street as they’re running from a dog. If they do not want to hold those who do it accountable, then we’re gonna try to hold them accountable in their pocketbooks,” Daniels said.

The wrongful death lawsuit has not yet been filed. But the attorney said the family sent the city a notice of a claim on Thursday — a required step before the lawsuit can be filed.

Wilmington officials have said officers chased Skinner after they observed him walking out of a home and pointing a gun at a large crowd of people. The family disputes the claim. The body camera footage does not show the moments prior to the foot chase. 

Chance Lynch, another attorney for the family, said during the press conference that the body camera footage sparks new questions about the city account.   

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“Where was this crowd that he waved a gun [at]? Why didn’t they (the city) mention the pitbull? And when he was running away from the police officer, how was he a threat to that police officer?” Lynch asked.

When reached for comment Thursday, Caroline Klinger, a spokeswoman for Mayor John Carney, said questions about previous statements made by police should be directed to the Wilmington PD. 

“The details of the incident are precisely what is being evaluated through the investigation,” Klinger said. 

Carney did comment on the situation in a Facebook post made before the family’s press conference Thursday. In it, he asserted that body cameras have “limitations” and that the footage from the Skinner shooting “does not capture the totality of the incident.”

About 50 people attended a rally on Sunday, July 12, at Rodney Square that featured a series of speakers condemning the police shooting of Kadir Skinner, | SPOTLIGHT DELAWARE PHOTO BY KARL BAKER

The news of the family’s impending lawsuit comes after the June 24 incident sparked weeks of outcry from community members and elected officials who, until Thursday, had called on authorities to release body camera footage. 

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Community members have also demanded the name of the officer involved, as well as police reform at the local and state level.

Many of those demands were repeated Thursday evening during a rally and march that begin a the site of Skinner’s shooting and ended at the Wilmington Police station downtown.  

Four shots fired

Two hours before the Skinner family’s press conference, the Delaware Department of Justice, city officials and Wilmington police released three body camera videos from officers on the scene the night of the shooting.

The videos show two officers near 24th and Jessup streets exiting their police cruiser before pursuing Skinner on foot. 

One officer fired four gunshots while chasing Skinner. Wilmington officials have said Skinner sustained one gunshot wound to the buttocks.

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The shooting officer then approaches Skinner, who is already on his knees with his hands up, pushes him to the ground, and puts a knee on his back to handcuff him. During that time, the officer tells another officer to “find the gun.”

Skinner is heard saying, “I don’t got nothing.” A crowd then begins to form in the area as Skinner repeatedly says, “I can’t breathe.”

The first time Kadir Skinner is visible in the footage is as he is running down the sidewalk. | SCREENSHOT COURTESY OF DELAWARE DOJ

A separate video from another responding officer shows her near the scene, stopping at a spot and reaching down. She then returns to the immediate scene as sound from her body camera turns on. The shooting officer tells her to “secure the gun.” She responds, “I have it.”

Police previously said they recovered a .45-caliber handgun with an extended magazine but did not say whether Skinner was holding it when he was shot.

The officer who fired the shot, who has yet to be identified, remains on administrative leave, according to police.

In a statement, state and city officials said the investigation into the shooting is still ongoing and noted that the officers involved will be identified once a detailed public report is issued at the end of the investigation. 

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