Regarding the Sammy Swift case, the defendant exercised his Constitutional right to a jury trial. Twelve citizens of our community carefully listened to and observed all of the evidence in this case. They convicted Swift of murder and robbery, finding him guilty beyond any reasonable doubt.

The evidence that convinced them beyond a reasonable doubt to convict came from two women, both eye-witnesses who testified that they watched this defendant brutally beat the elderly victim into unconsciousness, fracturing his skull in numerous places. Eyewitnesses testified that after brutally beating the victim bloody, Swift wiped the blood off his arm onto the victim's couch, in the victim's home. The Police attempted DNA testing in 1994 but were unable to get a result with the technology available. There was simple testimony at trial about blood types, none of which was contradicted by the recent DNA testing. The value of the blood evidence at trial was limited, neither identifying nor excluding the defendant.

The People consented to the recent DNA testing, which showed that the blood on the couch was solely the victim's blood. It was not mixed with the defendant#'s nor was there ever any testimony at trial that his blood was present. The DNA testing also showed that no one else#'s DNA was present, excluding anyone else in the world as having deposited DNA evidence on the cushion. No other possible suspects were generated by the testing.

Finding the victim's own DNA in his blood, on his couch, in his home where he was beaten does not create any possibility that the wrong person was convicted. Nor would it have changed the jury's verdict. The legal standard for this motion is whether there exists a reasonable probability (not a mere possibility) that if the jury heard that the blood on the victim#'s couch was solely the victim#'s, would that have resulted in a different verdict? The answer is that clearly it would not have changed a thing. The jury convicted the right man.

The defendant will remain in state prison as a convicted murderer until the appeal is finalized. We are confident he will remain in prison after the appeal is decided as well.

Jon Budelmann

Auburn

Budelmann is Cayuga County

district attorney