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Defendant-appellant Thomas Pitera appeals from an Order entered in the United States District Court for the Eastern District of New York (Dearie, J.) denying his motion to compel post-conviction DNA testing of six items pursuant to the Innocence Protection Act (the "Act"). 18 U.S.C. § 3600-3600A (2006). Pitera contends that the testing of these items will provide evidence exonerating him from his conviction for the murder of three persons in furtherance of a continuing criminal enterprise. The District Court determined that Pitera failed to demonstrate that the proposed testing would raise a reasonable inference that he did not commit the offense. On appeal, Pitera faults the government for failing to take reasonable measures to preserve the items he seeks to test and for a lack of due diligence in searching for the items. Pitera contends that DNA on the six items, if found, would raise a reasonable probability that he did not commit the murders for which he was convicted.


675 F.3d 122 (2012)

UNITED STATES of America, Appellee, v. Thomas PITERA, aka Thommy Karate, Defendant-Appellant.

Docket No. 10-1564-cr.

United States Court of Appeals, Second Circuit.

Submitted: September 6, 2011. Decided: April 3, 2012.

New York Law School location: File #4082, Box #157