Prosecutors See Limits to Doubt in Capital Cases
Judge Laura Denvir Stith seemed not to believe what she was hearing.

A prosecutor was trying to block a death row inmate from having his conviction reopened on the basis of new evidence, and Judge Stith, of the Missouri Supreme Court, was getting exasperated. "Are you suggesting," she asked the prosecutor, that "even if we find Mr. Amrine is actually innocent, he should be executed?"

Frank A. Jung, an assistant state attorney general, replied, "That's correct, your honor."

That exchange was, legal experts say, unusual only for its frankness.

After a trial and appeal, many prosecutors say, new evidence of claimed innocence should generally not be considered by the courts.
http://www.nytimes.com/2003/02/24/national/24DNA.html