Delaware
New bills would require Delaware to keep DNA evidence in criminal cases
Gov. Meyer addresses crime, closure of the Plummer Center
Gov. Meyer recently addressed crime statistics and the closure of the Plummer Center during a recent interview with The News Journal.
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.
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.
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.
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:
- 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.
Delaware
Police identify victim of Wilmington motorcycle crash
What to do if you come across a serious car accident
Here is some information about what to do if you come across a serious car accident.
State police identified 29-year-old Brian Silva of New Castle as the victim of a fatal motorcycle crash in Wilmington.
Silva was riding a Harley-Davidson northbound on Dupont Highway approaching Millside Drive in Wilmington around 3:30 p.m. on Feb. 27 when it collided with the rear of a stopped Lexus at that intersection, police said. Silva was ejected from the motorcycle. He was taken to the hospital, where he died.
Delaware State Police are still investigating this incident, and anyone with information is encouraged to reach out to them or to Delaware Crime Stoppers.
Delaware
When will Delaware warm up? After snow, ice Tuesday, temps will rise
Ever seen a spring peeper peep?
A spring peeper singing in the Millsboro area.
Meteorological winter has ended and we’ve entered spring.
However, there’s still a last winter blast hitting Delaware early this week before a spring warm up hits at the end of the week.
Here’s a look at the Delaware forecast.
Will Delaware see more snow?
After a brisk Monday, March 2 with sunny skies and highs only reaching 35 degrees, there’s a chance of snow after 1 a.m. Tuesday, March 3 with freezing rain after 4 a.m. in New Castle County. Snow and freezing rain are expected before noon Tuesday, March 3. The county may receive less than a half inch of accumulation.
In Kent County and Sussex County, there’s a chance of snow and freezing rain after 1 a.m. Tuesday, March 3.
When will it warm up in Delaware?
It will start feeling like spring as warmer air moves into the First State on Tuesday evening, March 3, but wet weather is coming as well.
Rain is predicted from Tuesday, March 3 through Friday, March 5, but spring-like temperatures will make it bearable. In New Castle County temperatures will range from the mid-50s on Wednesday, March 3 to the 60s on Thursday, March 4 and Friday, March 5. Kent County should see temperatures in the 60s and Sussex County will see 70s during the mid- to later part of the week
What’s the weekend forecast?
Remember when you were daydreaming about warm weather during the polar vortex or blizzard? Well, it is coming next weekend.
The forecast is calling for sunny to partly sunny skies throughout Delaware on Saturday, March 7 and Sunday, March 8. Highs will reach the upper 60s in the north to the low 70s in the south.
Delaware
Law enforcement increases security across Delaware Valley after U.S. strikes on Iran
PHILADELPHIA – Law enforcement agencies across the Delaware Valley are boosting security at religious and cultural sites following U.S.-Israeli strikes against Iran, even as officials say there is no credible threat to the area.
The Department of Homeland Security also issued an alert after Operation Epic Fury, warning agencies to remain vigilant for suspicious activity despite assessing that a large-scale attack on U.S. soil is unlikely.
Hours after the strikes, protesters gathered in cities nationwide. In Phoenixville, dozens rallied Saturday afternoon, calling the military action “senseless.”
“Stop the war. People are suffering in this country with food prices, rent, healthcare, money for the people’s needs here,” said Curry Malott, a West Chester University associate professor of educational foundations and policy studies.
President Donald Trump has said the joint operation would eliminate Iran’s nuclear and military programs and change the regime. Some demonstrators criticized the president’s decision.
“Trump has broken his campaign promises with no new wars, and here he is going into another,” said Kyle Horstmann of Phoenixville.
Republican Congressman Brian Fitzpatrick said in a statement that Iran poses a grave threat, adding, “Iran and its proxies are responsible for countless deaths of Americans and our partners. That record is long, deliberate, and undeniable-and it cannot be ignored.” He adds sustained military engagement should be done with consent of Congress.
Democratic leaders, including Senator Andy Kim, argued the president failed to seek congressional approval for the strikes.
“I have zero confidence in this president who has so flagrantly violated our constitution,” Kim said. He called for Congress to immediately reconvene to vote on a war powers resolution.
“I hope there can be unanimity that when it comes to strikes of this magnitude, when American service members lives are at risk, what greater responsibility do we have in Congress than to look out for our service members and the national security of our country?” he said.
The Homeland Security alert also warned of potential low-level cyberattacks targeting U.S. networks, adding another layer of concern for authorities monitoring threats at home.
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