In Alejandro, the defendant was also wrongfully convicted by expert testimony from Fred Zain, who had moved from West Virginia to Texas and worked for the Bexar County crime laboratory. In July 1994, a Uvalde County grand jury indicted Zain for perjury, tampering with government records, and fabricating evidence. As of early 1996, charges of tampering and of fabricating evidence had been dropped, leaving three charges for aggravated perjury in effect, for which Zain reportedly seeks dismissal on statute of limitations grounds. Evidence discovered after trial. In most of the cases in this study, DNA test results represented newly discovered evidence obtained after completion of the trials.
States have time limits on filing motions for new trials on the basis of newly discovered evidence.
For example, in Virginia, new evidence must be presented by motion within 21 days after the trial. Thus, the Honaker, Snyder, and Vasquez cases required a pardon from Virginia's governor to release the defendants from prison. In some of the study cases, prosecutors waived time limits when presented with the DNA exculpatory results. However, prosecutors also have contested defendants' attempts to release evidence for DNA testing. States also differ in the legislation and procedures pertaining to post conviction appointment of counsel and to authorization to pay for the DNA testing.