In November 2018, Superior Court Justice Maynard M. Kirpalani of the Commonwealth of Massachusetts granted Finnegan client Arthur Davis’s motion for a new trial. Mr. Davis has been in prison for 33 years after a 1986 conviction of first degree murder. After several motions for a new trail were denied, Mr. Davis reached out to the New England Innocence Project, who referred the case to Finnegan. The case was a first of its kind for the team of lawyers, including Finnegan lead counsel Christopher Schultz. “Given that all the legal arguments had been made and rejected on appeal, I think it called for an analytical approach whereby we really needed black-and-white scientific evidence that showed Mr. Davis did not commit this crime,” said Schultz.
DNA testing has improved greatly since 1986, and when Massachusetts passed a law to provide greater access to DNA testing of evidence, the team saw an opportunity. Finnegan located the blood evidence used at trial to help convict Mr. Davis. The Commonwealth had presented evidence that blood matching the victim’s type was on Mr. Davis’s belongings, and saliva matching Mr. Davis’s was found on a cigarette at the crime scene. “The real result of the DNA testing here was that the physical evidence was virtually wiped out,” Schultz said. The team was able to refute both theories, and motioned for a new trial. There is new hope for Mr. Davis after this lengthy process and the support from his legal team has allowed him to keep fighting. After so many years in prison, Mr. Davis was taken back by the decision. Schultz said. "I think there was significant disbelief when I told him," he said. "After 33 years, I think he was expecting more bad news. So it's fair to say he was shocked."