McKithen v. Brown

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

This case presents the question whether the United States Constitution requires that a convicted defendant be granted access to evidence for the purpose of DNA testing, an issue of first impression in this circuit. Frank McKithen is in prison for stabbing his wife Rose with a kitchen knife on August 21, 1992. McKithen wishes to subject the knife to DNA testing, which he contends will demonstrate that his wife, who survived, fabricated McKithen’s involvement in the incident. After moving unsuccessfully for this relief under New York’s…