1999
Mr. Deskovic’s lawyer appeals the 1997 ruling, arguing that the delay was caused by the court clerk, and that reversing it would open the door for further DNA testing. DA Pirro’s office fought the ruling again, which went before future US Supreme Court Justice Sonia Sotomayor and Justice Rosemary Pooler. The judges concluded that the procedural error was more important than his innocence claim.
2000
Mr. Deskovic appealed to Judges Sotomayor and Pooler again, requesting re-argument and a decision by all judges on the court, called en banc. The DA’s office opposed, winning for the sixth time. Had the DNA testing against the database been allowed, the real criminal would have been found and Jeff could have been home six to seven years earlier.
2001:
Mr. Deskovic appealed to the US Supreme Court and was denied. His appeals were exhausted, he was no longer provided a public attorney and the court was closed to him unless previously unknown evidence of innocence can be found.
For the next 4 years, he embarked on a letter-writing campaign, contacting law firms, media, faith-based organizations, and innocence organizations. All of them turned him down, including The Innocence Project, on the basis that it prefers to be the first through the gate with DNA evidence so that it could be introduced as newly discovered.
