A Times Editorial

DNA testing also proves guilt

It's the kind of case that ought to make prosecuting attorneys and law enforcement officials strong advocates of DNA testing.

The recent results of a DNA test proved that Massachusetts inmate Benjamin LaGuer had been rightfully serving a life sentence since 1983 for the brutal rape, beating and robbery of his 59-year-old neighbor, despite his 19-year claim that the conviction was a miscarriage of justice.

DNA testing typically garners publicity only when it exonerates the wrongfully accused, feeding a needless anxiety among some prosecutors and law enforcement officers that it will undermine public confidence in the criminal justice system. But the procedure also can eliminate doubts about a guilty verdict. As evident in the LaGuer case, it seems unreasonable that some prosecutors and criminal investigators oppose the wide use of DNA testing in pertinent cases. The key word here is justice.

LaGuer's test results also made laughingstocks of the large and influential army of supporters he drew to his cause over the years. The so-called "Benjy Brigade," which included journalists, renowned authors, intellectuals and even the president of Boston University, devoted their time and talents to proving that LaGuer's situation was a cruel case of mistaken identity.

The backers fought with the court for two years to allow a DNA test and raised $30,000 -- some of their own money included -- to help pay for the procedure.

Some of them admit they had trouble getting out of bed and going to work when they learned the long-awaited test results, which they expected to exonerate LaGuer, instead cemented his guilt.

In hindsight, the prosecutor could have wasted less time arguing and gotten the pleasure of saying "I told you so" much sooner had he consented early on to the DNA test.

When they are reluctant to request DNA testing, attorneys and law enforcement officials are simply demonstrating a lack of faith in their own abilities. Such tests often offer a chance to prove their professional integrity.

If prosecutors and criminal investigators were less apprehensive about the use of DNA testing, they could better ensure that criminals such as LaGuer remain behind bars where they belong.

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