DNA evidence frees man from prison

MACOMB COUNTY (WJRT) - (04/18/07)--For nearly 10 years, a Michigan man convicted of rape prayed that one day the truth would set him free. That day finally came after DNA evidence exonerated him.

Ken Wyniemko was convicted in 1994 in Macomb County of 15 counts of first degree criminal sexual conduct. Nine years later, the same judicial system that failed him helped him become a free man.

"It's almost like being in a fog," he said. "You've died and you think that you're in hell."

Wyniemko is describing what it was like being convicted to 40 to 60 years for a crime he did not commit.

"I knew I was innocent but everyone else had me condemned," he said.

After serving nine years, a "Detroit Free Press" reporter and volunteer attorney discovered DNA evidence that was withheld in Wyniemko's case.

A judge allowed testing, and Wyniemko became the 129th person exonerated through modern DNA in 2003.

"DNA is the best thing -- in my opinion -- that ever happened in the criminal justice system. It's the only piece of evidence that's out there that's 100 percent accurate," he said.

The University of Michigan Ann Arbor conducted a study on exonerations in the United States from 1989 to 2003.

It found that exonerations increased sharply in a 12-year period. Out of 316, 145 of them were cleared by DNA and 90 percent of exonerated juvenile defendants were African-American or Hispanic.

Most recently, DNA was in the spotlight when the district attorney leading the Duke lacrosse players rape investigation was accused of keeping critical DNA evidence.

"There has been so much public outrage toward the prosecutor and there should be," Wyniemko said. "The prosecutor has the job to not only be the sword of justice, but the shield of justice also."

Wyniemko says he'd like to see DNA evidence tested in every rape or murder case.