OK-police dept. lost evidence--how long required to keep

[dansfvr]

Four years ago an innocent man was imprisoned in OK for an alleged date rape. Last winter, a judge granted DNA testing on the physical evidence. The police department reports all evidence "is gone." Is this legal? What can the family do?
Thanks.

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Ms. Andrea E. Cashman
home-972-434-1511
cell-972-365-5821

 

[NY Lawyer]

The family can't do anything. The man had a trial. A lawyer may be able to help, but police do not have to hold all evidence forever. If they destroyed the evidence after the motion was filed, that could give him a better shot.