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SATI e-News: March 24, 2003
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Forensic
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The following news
summaries in this section are reprinted with permission from the
DNA Legislation & News, published by Smith Alling Lane, a
government affairs firm that provides nationwide governmental
affairs services to Applied Biosystems:
www.dnaresource.com
SARTs/SANEs Struggle With Budget Cuts
In New York, the Sexual Assault Nurse Examiner program
designed to help rape victims get through hospital examinations
following an attack could be dismantled soon unless hospitals
and municipalities help finance the cost. The state funding that
started the program has dried up. An area crime lab director
indicated concern with the possible elimination of the program
saying, "Fifty percent of the kits we get from non-SANE
personnel are incomplete. It's not that hospital personnel
aren't doing their best. They just don't have the experience
dealing with these patients. This is all the SANE nurses do."
"Rape-Treatment Program May
End." The Post-Standard (Syracuse, NY), February 19, 2003.
Editorial urges Syracuse, New York to save the local SANE
program, saying that "SANE empowers victims and it arms
prosecutors. It should be saved." Notes that only 65 percent of
DNA samples in non-SANE kits were properly collected -- that
compares to 91 percent in SANE kits. A university hospital has
agreed to continue paying for SANEs, another hospital said it
cannot afford to, and two other hospitals are still considering
the matter.
"Keeping Sane." The Post
Standard (Syracuse, NY),. March 5, 2003.
In Oakland County, Michigan, a county finance committee
told the officials of the Sexual Assault Response Team
(consisting of forensic nurses) that the $36,000 they gave last
year to help fund the $150,000-a-year anti-abuse program was
only temporary. The county is struggling to cut around $23
million from its estimated $510 million budget before the next
fiscal year, which begins Oct. 1. The county drafted a
resolution last year that said that if the program's officials
came back for additional funding the following year, they must
first go through the county's purchasing policies to become
legal, Moss said. To do that, the nonprofit group must find a
county department that will contract for that service.
"Sex, abuse trauma team to
lose funds." The Detroit News, March 5, 2003.
DNA Hits
In New York, a cold hit on the DNA database has resulted
in a 165-year sentence for a man convicted of sexually
assaulting two girls and a 67-year-old woman. The man was in
prison from a 2000 conviction on unrelated charges of attempted
burglary, grand larceny and criminal possession of stolen
property at the time the database hit was made.
"Judge gives 165 years to man
in sex attacks." Rochester Democrat and Chronicle, March 8,
2003.
In Alaska, a judge sentenced a man to 25 years for the
rape and assault of a university student. When the assault
occurred, an innocent man was initially charged after being
wrongly identified by witnesses as the attacker. However, a DNA
sample from the suspect did not match the evidence and the man
was released. Subsequently, police ran the DNA evidence through
the DNA database, and it matched another man's DNA who was in
the database due to a 1997 assault conviction.
"Alaska digest." Anchorage
Daily News, March 7, 2003.
In Canada, a cold hit on the DNA database has linked a
man to a string of unsolved rapes in the Toronto area. The man
had never been a suspect in the rapes and police said the role
of the national DNA database was "absolutely vital" in bringing
charges. The man had been ordered to submit a DNA sample after
an assault conviction last month. As of September 2002, the
national databank had profiles from 27,756 offenders and 6,385
crime scenes. That allowed 359 matches between crime-scenes and
suspects.
"DNA Leads To Sex Raps." The
Toronto Sun, February 20, 2003.
In Georgia, DNA testing has linked a man to a 1977
murder, for which he had long been a suspect. Police always
believed the man had committed the crime, but did not have
sufficient proof until the case was reopened and DNA evidence
was analyzed with new testing methods.
"DNA technology leads to
arrest of man long suspected in 1977 Georgia slaying." The
Associated Press, February 25, 2003.
In Texas, a construction worker has confessed to nine
rapes and attempted sexual assaults. A tip from a victim and her
husband about the car used by an assailant fleeing a November
attack led police to the suspect, who was arrested after DNA
testing linked him to three rapes. When the attacks first began
to occur, police did not suspect a serial rapist, but DNA
testing of rape evidence at the state lab linked several of the
rapes together.
"Suspect arrested in rapes in
Tyler." The Dallas Morning News, February 27, 2003.
Crime Lab News, DNA Backlog
San Mateo, California is opening a new crime lab this
month. The lab is set up to analyze DNA samples as well as
blood, drug and human tissue samples for all of the county's law
enforcement agencies, which serve 22 cities.
"San Mateo County to debut
crime lab." Contra Costa Times, March 9, 2003.
In Missouri, a bill proposing construction of a regional
crime lab in Springfield drew mixed responses primarily over
whether the legislation could create competition between
existing crime labs. The bill would create a statewide crime
laboratory system by linking up existing labs in Kansas City,
St. Louis, Joplin, Jefferson City and elsewhere to better
process evidence in criminal cases. Southwest Missouri law
enforcement officials have complained that DNA evidence would
have to be sent to Jefferson City's lab where it could sit for a
year or longer before being processed.
"Crime lab bill gets cool
hearing." Springfield News-Leader, March 5, 2003.
Potential cuts looming for Michigan's state budget could
include the state crime lab. The article reports that the group
affected by such cuts will be victims and victims' families
awaiting the analysis of DNA evidence taken from crimes scenes.
The current wait for DNA analysis on homicides and violent
crimes is at least a month. Cutting a proposed $125,500 from the
$18 million crime lab budget could mean the waits for DNA
results could be longer. "The service we're asked to provide is
increasing and it's increasing at a time when we have less
money," said Capt. Michael Thomas of the Michigan State Police
crime lab. In 2002, his three labs handled 3,898 cases. At
year's end there was a 1,137-case backlog. The lab also could
get less training and might ask local investigators to send
their five best DNA samples instead of the average of 10.
"Agencies try to gauge depth
of cuts." Lansing State Journal, February 21, 2003.
In Michigan, demand for DNA testing is overwhelming the
26 DNA scientists who work at seven state police labs across
Michigan. The labs, whose backlog of cases numbers in the
thousands, are required by law to offer free forensic services
to every police and sheriff's department in Michigan.
"Addressing the backlog is a priority of ours and the governor.
We will look under any rock we can" to find more funding, said a
spokesman for the Michigan State Police. In the meantime, some
cities are paying private labs to do DNA and other forensic
tests. The backlog in the state's DNA labs has reached about
65,000 cases, including active, cold cases and database
searches. Thomas said they processed about 2,000 active cases
last year.
"Combing through the DNA
backlog." Detroit Free Press, March 7, 2003.
The Alabama Department of Forensic Science wants its
budget grant doubled to about $15 million. The Department needs
more personnel and better buildings. The increased budget would
allow the agency to increase its staff from 174 to 232 people,
buy equipment and reduce delays in lab tests that slow the
criminal justice system. Without an increase, the Department
will lay off scientists and cut services. Already, it takes
about two years to obtain results of a DNA test, although that
varies according to case priority.
"Forensics lab joins cash
rush." The Montgomery Advertiser, February 20, 2003.
In Louisiana, hundreds of men have submitted DNA samples
for exclusion testing in the hunt for a serial murderer. The
samples are being analyzed quickly, which is a stark contrast to
the over 10,000 samples taken from state prisoners and rape kits
which have not been tested in the state. One local crime lab
indicates that up to one half of the rape kits get backlogged
and rapes with unknown suspects "usually get put aside." Funding
is the biggest obstacle, and a citizen group called Community
Partners for Forensic Science is forming in Baton Rouge to
appeal to private citizens, corporations and politicians for
money to test the backlog of evidence in unsolved rapes. They
hope to raise $1.36 million for rape kit testing. In a pilot
program under way only in Iberia Parish, authorities sample
anyone arrested on a felony count, at the same time they are
fingerprinted. Police want to expand the program to all 64
parishes within a year.
"La. pushing use of DNA in
investigations." Sunday Advocate (Baton Rouge, LA), February 23,
2003.
[Meanwhile], Louisiana authorities still have not
determined what to do with perhaps 1,000 DNA profiles catalogued
by the task force investigating the south Louisiana serial
killings. The samples are not eligible for inclusion in the
FBI's federal DNA database there is no other provision for using
them in the future. But in the meantime, "to destroy evidence
that exonerates somebody is just as illegal [as it is] to
destroy evidence that convicts someone." Police may seek a court
order to destroy the samples.
"DNA a legal issue in serial
killer cases." Sunday Advocate (Baton Rouge, LA), February 23,
2003.
Challenges to DNA Evidence
The Minnesota Supreme Court has ruled that the state's
crime lab operated under appropriate scientific standards when
it started using a new type of DNA testing on blood, hair and
other materials in 1999. The test has been used in about 2,000
sexual assault cases and about 300 homicide cases. The ruling
overturned an Appeals Court decision that found DNA evidence
should not have been allowed because the testing did not comply
with TWGDAM standards. Each specific test could still be
scrutinized in court to see if officials collected evidence and
performed the tests correctly.
"State high court OKs new DNA
testing method." Star Tribune (Minneapolis, MN), February 25,
2003.
In Arizona, defense attorneys are preparing to challenge
DNA evidence in criminal cases based on reports of contamination
in a Phoenix Police Department evidence-handling room. An
October e-mail from the room's supervisor that warned the
contamination could "seriously impact" cases, but officials
contend there's no proof that the conditions of the evidence
room compromised cases. Defense attorneys are calling for an
audit of police records to pin down what cases could be
affected. The majority of the problems were reported in 2002
from March to October.
"Phoenix DNA Evidence Under
Fire." The Arizona Republic, March 8, 2003.
Houston's city council approved a $75,000 contract with
Identigene to conduct DNA analysis for the Houston Police
Department. The Harris County medical examiner's crime lab will
conduct HPD's primary DNA testing, and Identigene will take
cases the examiner's office cannot handle. Some forensics
experts questioned HPD's choice of Identigene, saying it has
limited experience and there is a potential conflict of interest
because the company is vying for a long-term contract with the
department. The Council also approved a $ 3.5 million contract
with ReliaGene Technologies Inc. for DNA testing on
"non-suspect" cases and backlogged sexual assault cases.
"Council rejects request to
replace 250 city cars." The Houston Chronicle, February 20,
2003.
DNA Relative to Statutes of
Limitation
In Oklahoma, a man charged in a rape for which another
man wrongfully went to prison lost his second challenge to a law
that lets prosecutors pursue old sex crimes cases on new DNA
evidence. The man's lawyers maintain the seven-year statute of
limitations for the crime expired Oct. 29, 1994, and a new law
that took effect in September 2002 "purporting to revive this
time-barred prosecution" violated the U.S. and Oklahoma
constitutions. The District Judge became the second judge to
reject this challenge.
"Man convicted of
second-degree murder." The Associated Press State & Local Wire,
March 1, 2003.
In New York, a man in prison for robbery has been
convicted of raping and robbing two women in the 1990s. State
courts have ruled that the statute of limitations does not apply
when a suspect was never identified. It held that law
enforcement has up to 10 years to prosecute suspects identified
beyond the statute of limitations. Prior to this conviction, the
man was due to be released from prison in two months.
"DNA Helps Convict Man As
Rapist." The Buffalo News, February 28, 2003.
In Florida, a panel of experts is concerned with a
two-year statute of limitations that expires this fall on
raising DNA challenges to Death Row convictions. Thus far, the
DNA challenges by inmates have been bogged down by disagreements
over how the tests should be conducted. Inmates say they want
independent examination of the DNA. Agencies, like the Broward
Sheriff's Office, say they should do the DNA tests. Of 123
recent death row exonerations, 25 are from Florida.
"Death of DNA law seen as
fiasco." The Miami Herald, March 7, 2003.
Constitutionality Issues Related to
Offender/Suspect DNA
A suit filed by all convicted felons in New York was
dismissed after a district court ruled that DNA identification
was warranted due to overwhelming public interest in prosecuting
crimes accurately and balancing the welfare of society. The
inmates argued that their constitutional rights were violated
when their DNA was involuntarily extracted from them and placed
in the state's index, in the absence of a warrant, probable
cause or individualized and reasonable suspicion to believe they
committed a crime for which their DNA could be used to prosecute
them. The court found that DNA samples provide no evidence in
and of themselves of criminal wrongdoing; a convicted felon's
expectation of privacy in the identifying information contained
in DNA is particularly weak compared with those of other
individuals; and the intrusiveness of the program is diminished
by the blanket approach to sampling mandated by the statute.
Nicholas, et al., v. Goord, et al., No. 01Civ.7891(RCC)(GWG) (S.D.N.Y.
02/06/03).
"DNA extraction from inmates
upheld in New York." Corrections Professional, March 3, 2003.
A New Jersey District Court has found that a defendant in
a criminal case does not have a constitutional right to DNA
testing prior to trial. In this case, the plaintiff was arrested
and remained in jail for nearly 22 months before all charges
were dismissed. The plaintiff alleges that, during his
incarceration, he requested a DNA test that he contended would
prove his innocence. Once the testing was finally completed, the
test results were "inconclusive" and he was then released from
prison. CASE-INFO: No. 02-245; United States District Court [DNJ];
opinion by Rodriguez, U.S.D.J.; filed February 20, 2003. DDS No.
46-7-2923.
"Jimenez v. State of New
Jersey, United States District Court, New Jersey." New Jersey
Law Journal, March 3, 2003.
Expanding DNA Database to Convicted
Felons
The Nebraska legislature recently held a hearing on a
proposal to expand the state DNA database to include all
convicted felons. The committee heard information gathered from
other states on the benefit of including all felons,
particularly burglary. However, cost is a significant concern to
the state. The sponsor has proposed that the state could collect
the DNA and store it until the State Patrol applies and receives
federal grants. In the meantime, he asked the Legislature to
establish the best laws it could -- "Let's do it right now that
we're getting in to the ball game," he said.
"Bills would establish
Nebraska DNA database." University Wire, February 28, 2003.
In Arizona, a Senate committee refused to expand the
state's “all convicted felons” DNA database to include all
felony arrests. The bill failed by one vote in the committee,
with all the Democrats voting in favor and the Republicans
voting against it. Democrats felt that including people accused
of crimes would help exonerate some suspects while implicating
others. Republicans had several objections which included budget
concerns.
"Senate panel rejects
expanded anti-crime DNA testing." The Associated Press State &
Local Wire, February 26, 2003.
In Nevada, an Assembly committee has approved a bill that
would expand the state's DNA database by making it retroactive
to include offenders convicted before DNA profiling was common
practice. The bill would also include DNA from parolees who move
to Nevada after serving time for a crime in another state that
would have required a DNA sample if committed in Nevada. The
measure, however, only requires the sampling from people who
fail to register with local police - who must catch the people
first. Most people who fail to register are only caught after
committing another crime.
"Nevada Assembly to take up
DNA data collection." The Associated Press State & Local Wire,
February 26, 2003.
In South Dakota, legislation has been enacted to expand
the offender DNA database to include all convicted felons. The
final vote in the House had only 5 "no" votes, with 62 members
voting "yes."
"DNA bill passes final test."
The Associated Press State & Local Wire, February 24, 2003.
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