People v. Kines

Defendant was convicted, after bench trial, of first-degree murder of 11-year-old girl, based on theory of accountability, and thus any DNA evidence linking two suspected perpetrators would tend to inculpate Defendant as well. There is no reason not to test key physical evidence that was admitted at Defendant's 1989 trial.Defendant met all requirements under Section 116-3 of Code of Criminal Procedure, and court erred in denying his petition for postconviction DNA testing. A defendant is excused from establishing a chain of custody for evidence that was admitted at his or her trial, as evidence would have remained within custody of circuit clerk. (BURKE and SPENCE, concurring.)