People v. Rozo

Defendant was convicted of murder after jury trial. Evidence of murder showed violent struggle had occurred, and victim sustained wounds trying to protect himself. Court erred in denying Defendant's motion for DNA testing of material under victim's fingernails, as another person was seen exiting victim's bedroom near time of murder. Posttrial remedy in Section 116-3 of Code of Criminal Procedure allows for comparative DNA analysis, and results of testing of samples from under victim's fingernails should be compared to genetic information of two other persons who had contact with victim, even without motion, as it would be materially relevant to Defendant's claim of innocence. (BURKE and SCHOSTOK, concurring.)