The Travis County District Attorney’s Office has undertaken to provide each defendant potentially affected by the issues identified in the former Austin Police Department DNA lab or the DPS mixture calculation issue a “Brady notice.” Any defendant who receives a “Brady notice” can request that we review his or her case at no cost. The assistance provided by The Forensic Project is voluntary, and any affected person may hire independent counsel at any time.
If our assistance is requested, we review case materials, including the court record, transcripts, police reports, and lab reports to determine if the DNA evidence in the case was material to the defendant’s conviction or sentence.
If we determine that the DNA evidence is material to the conviction or sentence, we will work with the affected person to determine next steps. Next steps can include reinterpretation of the DNA evidence by an expert, retesting of the DNA evidence, and further investigation into the facts of the case.
If we discover that a person has been wrongfully convicted based, at least in part, on faulty DNA evidence, we may pursue post-conviction relief on his or her behalf.