Ka Wai Ola - Office of Hawaiian Affairs, Volume 28, Number 4, 1 April 2011 — New DNA test helps overturn conviction [ARTICLE+ILLUSTRATION]

New DNA test helps overturn conviction

A new tnial is pending in the 20-yean-old Maui case

By Nalani Takushi The Hawai'i Innoeenee Project's efforts may help free a Maui man whose convictions of two decades ago was overturned following new DNA testing. When he was 21, Alvin Jardine III of Maui, now 41, was convicted of first-degree sexual assault and other related crimes. After two juries could not unanimously agree to a verdict, he was found guilty in a third trial, and served time in Hawai'i, Minnesota, Oklahoma, Texas and Arizona. On Jan. 21, the Maui Circuit Court held a hearing before Circuit Judge Joel August to rule on Jardine's request that he be granted a new trial. Jardine was represented by attorneys William Harrison, Brook Hart and Virginia Heneh, Director of the Hawai'i innoeenee Project at the University of Hawai'i William S. Richardson School of Law. Noting that the DNA evidence presented in Jardine's previous trials was inconclusive, Judge August observed that other than an eyewitness identification, there was no other corroborating evidence to support the conviction of Jardine in 1992. Based on new DNA test results presented by HIP, Judge August vacated Jardine's previous conviction and granted Jardine's motion for a new trial on June 27. If the State of Hawai'i declines to go forward with the trial, or if the trial is held and Jardine is found not

guilty, he will be

the first person in Hawai'i and the first Native Hawaiian exonerated by DNA evidence after serving a lengthy term in prison. In court, on Jan. 21, Jardine saw his 2 l-year-old daughter for the first time since she was 4 months old. While imprisoned on the mainland, Jardine's mother died in a fatal car accident, and he was not able to attend her funeral in Hawai'i. After Judge August's ruling, Jardine was released on a $75,000 bail bond posted by his family. "I feel good and great to be home with my family, but I'm not free yet," Jardine said. "I am complying with the conditions of the court and taking one day at a time." While imprisoned, Jardine eompleted treatment programs provided by the Department of Puhlie Safety, except for the Sex Offender Treatment Program (SOTP). The SOTP requires the individual to admit guilt to start the rehabilitation process. Contending that he was innocent of the crimes for whieh he was convicted, Jardine twice refused to admit guilt. As a result, he was eompelled to forego possible release on parole after 10 years, andlater, after 15 years of imprisonment. In 2008, the last pieee of evidence in Jardine's case was ordered by the Maui Circuit Court to be tested for DNA evidence. An independent DNA-testing entity established that Jardine's DNA was not present on the material. SEE DNA TEST ON PAGE 25

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DNA TEST

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In preparation for the hearing Dr. David Haymer, Professor of Genetics at the UH School of Medicine, consulted with HIP to provide knowledge on specialized DNA testing. Orchid Cellmark Ine., a leader in accredited DNA-testing laboratories, first tried a standard test on the tablecloth from the scene, whieh included biologieal material and some blood. It was inconclusive. A newer, more advanced test targeting very small regions of DNA followed. This test provided the first results showing that Jardine's DNA was not on the evidence. A third, more advanced DNA test was requested, one whieh ean be used in circumstances involving male suspects because it examines the male, or Y, chromosome. The results of this test provided the clearest evidence showing that Jardine could

not have been the contributor of the biological material found on the tablecloth from the scene. Across the United States, the innoeenee Project receives about 250 requests per month from individuals seeking exoneration. Since 1989, there have been 266 postconviction DNA exonerations in 34 states. Of that number, 17 individuals were released from death row as a result of DNA testing. HIP was established five years ago at the UH law school to teach law students how to achieve justice for innocent prisoners. HIP has received funding from the Office of Hawaiian Affairs, federally through the support of U.S. Sen. Daniel Inouye's office, and from private donations. Learn more about the Hawai'i innoeenee Project at www.innoeenceprojecthawaii.org. ■ Nalani Takushi is the Lead Researcher-Special Projects in OHA's Research Line of Business.