Title: Preservation Of Evidence - Innocence Project
Headings: Preservation Of Evidence
Preservation Of Evidence
Preserving DNA evidence preserves the ability to prove innocence.
Do all states require the preservation of crime scene evidence?
Has any federal guidance been provided to states and localities to properly preserve biological evidence?
Key Facts:
Not all states that require the preservation of evidence succeed in fulfilling their mission.
What are some common shortcomings in existing statutes?
What should be contained in a statute requiring the preservation of evidence?
Ideally, legislation requiring the preservation of evidence will include the following provisions:
Case in Point: Robin Lovitt – Virginia Death Row Inmate

Content: • The court will also instruct the jury that if it finds that the evidence was intentionally destroyed, it may presume that the results of the DNA testing would have been exculpatory. Case in Point: Robin Lovitt – Virginia Death Row Inmate
Robin Lovitt, convicted of the capital murder and robbery of a pool hall employee in Arlington, Virginia, was sentenced to death in early 2000. When Mr. Lovitt sought to appeal the decision, it came to light that the evidence associated with his case had been destroyed. Despite being reminded that Virginia law required the preservation of evidence from the case, a court clerk nonetheless discarded the murder weapon, a blood-stained pair of scissors. The DNA testing available at the time of the trial could only conclusively tie the blood on the weapon to the victim and not to anyone else. By the time Mr. Lovitt sought an appeal, more sophisticated and modern DNA testing was available, but the evidence – which could have proven guilt or innocence, and/or informed the appropriateness of the death penalty – was not. The Supreme Court declined to address this issue, and Robin Lovitt was ultimately scheduled to become the 1,000th person executed since capital punishment resumed in 1977. The wrongful destruction of the evidence that could have conclusively proven innocence or guilt denied a conclusive answer. Recognizing the ambiguity caused by the destruction of evidence, Virginia Governor Mark Warner commuted Lovitt’s sentence to life in prison.