Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

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Entries in statute of limitations (1)

Wednesday
14Oct2009

NEW TEXAS DNA LAW ALLOWS FOR ARREST IN 19-YEAR OLD UNSOLVED RAPE CASE, STATUTE OF LIMITATIONS WILL PREVENT MOST ARRESTS

In 1990, Jennifer Schuett was snatched from her bed, raped in a field and left for dead when she was just 8 years old. Her injuries were so severe, doctors told her she would never be able to talk again. CNN article here.

Doctors performed a rape kit after the assault but technology did not allow for a conclusive result.

In 1997, her attacker, Dennis Earl Bradford, was sent to prison for a similar offense. At the time, DNA testing technology was more advanced and his DNA was entered into a database following his felony conviction. (Many states have a similar law: upon conviction of a felony, the defendant shall enter his DNA into a database.)

Last month, on September 1, a new TX law allowed for DNA preserved in old cases to be entered into a database. Blog here: New Texas Law: Old DNA on Cases NOT Prosecuted Can Be Used Against Person

Now, just a month over the passing of the new law, old DNA that was preserved in an unsolved rape can be entered into a database to search for someone who had subsequently been entered into the system, most likely for another conviction. Clearly, this law is working in the way it was intended: to finally bring sexual assault victims justice.

Unfortunately, many people will not be able to seek proper justice because sexual assault cases have a statute of limitations, meaning prosecutors must charge and prosecute a case within a certain number of years. I am assuming that Mr. Bradford's arrest was possible because he is also charged with attempted murder.

www.xpunged.com and www.tamaraholder.com