In re Towne

Summary

The Vermont Supreme Court affirmed the denial of Edwin Towne’s request for post-conviction mitochondrial DNA testing under Vermont’s Innocence Protection Act. The court held that the applicable standard requires a reasonable probability that the requested testing would have produced a different trial outcome, meaning a probability sufficient to undermine confidence in the verdict, rather than proof by a preponderance of the evidence. Applying that standard, the court concluded that potential DNA results concerning hairs found on the victim would not sufficiently undermine confidence in Towne’s murder conviction.

Holdings

1. A petitioner seeking post-conviction DNA testing must show a reasonable probability of a different trial outcome, meaning a probability sufficient to undermine confidence in the outcome; the petitioner need not prove that probability by a preponderance of the evidence.
2. The requested mitochondrial-DNA testing would not create a reasonable probability of a different trial outcome because even the most favorable possible result would be speculative, would not exclude Towne, would not contradict the State's evidence, and would leave the existing evidence supporting guilt unchanged.
3. Summary judgment was proper because the undisputed material facts established that no possible result of the available mitochondrial-DNA testing would sufficiently undermine confidence in the verdict.

Questions Presented

1. What standard governs a request for post-conviction DNA testing under Vermont's Innocence Protection Act?
2. Whether the requested mitochondrial-DNA testing could create a reasonable probability that Towne would have obtained a different outcome at trial.
3. Whether summary judgment was appropriate on the undisputed record.

Disposition

affirmed