With the knowledge of DNA and the strict rules of evidence today, this is history...
If convicted of first degree murder, then the death penalty is acceptable...
I am ambivalent about the death penalty. One reason is that I wonder about the accuracy of DNA evidence. I don’t have the technical knowledge to question it. I just know that human knowledge, as it advances, often shows us that things are sometimes less certain than they seemed. Plus, pretty much all evidence requires some amount of interpretation.