Hair, semen and other evidence in the case certainly would be tested if Arthur were being tried today. But the scientific testing wasn't available when Arthur was tried and convicted (wrongfully, he says) for the 1982 murder of Troy Wicker. Gov. Bob Riley has refused repeated requests to test the evidence now, even though at least one of those requests has come from Wicker's family.
On Thursday, the celebrated Innocence Project, which has been involved in the DNA exonerations of more than 200 inmates across the country, again called on Riley to order the tests. The Innocence Project is right: "Now is the time to act."
Testing the DNA isn't going to hold up the execution any longer than it is already being held up. A test that confirms Arthur's guilt will merely remove one less concern when states get a green light to resume executions. A test that raises questions about Arthur's guilt will indeed open a whole new can of worms - but it's a can that should be opened before Arthur is put to death for a crime he insists he did not commit.
Riley is called on to make many difficult decisions as governor. But this isn't a difficult one. Riley should order DNA testing for any Death Row inmate who disputes his guilt and whose case involved evidence that could be screened.
The U.S. Supreme Court has given him yet another window of opportunity to do the right thing.
If you'd like to send Governor Riley word that he ought to order the DNA test the Innocence Project has made it easy enough via this tool. For additional background on Mr. Arthur's case they've also provided the same here. There appears to be no logical reason to not do the DNA testing in Tommy Arthur's case I'd at least like Governor Riley to offer some reasoning behind his decision under these new circumstances. Peace ... or War!
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