DNA Testing

Commonwealth v. Kenneth Balka, Circuit Court for the City of Newport News.

    In the first Motion ever filed under Virginia's Writ of Actual Innocence which allows for the post conviction testing of DNA, Kenneth Balka asked the Court to order the testing of untested blood and saliva samples left over from his trial.  The Court agreed.  Unfortunately, due to the age of the samples, the tests were inconclusive.  Mr. Balka died in prison some years later, always maintaining his innocence.  This test, however, paved the way for others, with Marvin Anderson being the first Virginian to be exonerated by DNA evidence.