CAPITAL REGION DAs urge expansion of DNA databank Suspects would have to give samples at time of their arrest BY STEVEN COOK Gazette Reporter
By the time he was finally charged, one-time Schenectady resident Raymon McGill had committed two murders and one rape, the murders taking place four years apart. But, advocates of a new measure say, at least one of the killings — and possibly both — could have been prevented. Had McGill been forced to submit a DNA sample when arrested for prior, minor crimes, he could have been linked to the murders and rape and put away far earlier, they say. Instead, it wasn’t until March 2005 — five years after the initial killing — that he was identified through DNA in another felony case, charged with the killings and rape. He then admitted involvement. The District Attorneys Association of the State of New York last week asked Gov. David A. Paterson to support an expanded DNA databank that would require suspects to give samples upon arrest. Currently, samples are only required after a conviction on felonies and many misdemeanors. Advocates of the measure liken DNA to fingerprints, saying the change will save lives and heartache, as well as force compliance from offenders, many of whom now skirt the current law. The New York State Defenders Association and others, however, oppose the change, saying it would violate the presumption of innocence. It’s a tool to investigate other crimes, not confi rm the identity of the suspect, they say. “I don’t think there is any principled reason to treat a DNA swab as any different than we treat fingerprints,” said Schenectady County District Attorney Robert Carney, whose office prosecuted McGill in the 2005 case that finally provided the DNA sample that linked him to the prior crimes. “The timeline shows if he would have been prosecuted for the first crime,” Carney said, “the other two might never have occurred.” Already, 11 states have begun taking DNA samples at the time of arrest from murder suspects and sex crime suspects, according to the site DNAResource.com. The federal government announced last month that it too, would begin taking samples at the time of arrest in its cases. That could happen as early as later this year. New York currently takes samples upon conviction of any felony and numerous misdemeanors. Only two other states, New Jersey and Utah, go that far after convictions. No state has a blanket requirement for samples after convictions on all fingerprintable crimes. 2 BILLS IN LEGISLATURE There are at least two bills in the state Legislature to expand New York’s DNA database. A Senate bill, co-sponsored by Niskayuna state Sen. Hugh T. Farley, would expand it to all convictions for finger-printable offenses. Another, in the Assembly, calls for DNA to be taken from anyone arrested for a finger-printable offense. That bill is co-sponsored by Republican Assemblywoman Teresa Sayward, whose district includes parts of Saratoga County. Both bills, however, remain in committee. A spokesperson for Paterson said he supports the bill expanding the database for convictions. But the governor wants an i n c r e m e n t a l approach to expansion. T h e N e w York DNA databank was established in 1996 and became operational in August 1999 — the month after McGill’s first misdemeanor conviction. It initially applied only to 20 felony offenses, but the list has since been expanded three times to include all felony convictions and many misdemeanors. McGill, advocates point out, was convicted of petty larceny in 1999, the year before the rape and first murder. No DNA sample was required at that time. Had he been convicted of that offense today, however, he would be required to submit a sample. He was again convicted in November 2003, this time for misdemeanor drug possession. That conviction happened nearly three months before he killed again. That charge, however, does not carry a requirement for a DNA sample, even today. Both killings and the rape happened in Albany. PROCESSING DELAYS The last databank expansion caused processing delays because it was retroactive, but the state labs have since caught up, officials said. Further expansion requiring samples from all those arrested would require more staff at labs to process the samples, a state Department of Criminal Justice Services spokesman said. The database included more than 268,000 profiles as of last month, records show. There have been nearly 5,800 “hits” since the system went into effect. Hits are possible matches, which are then sent to local law enforcement for confirmation and investigation. Already this year, arrests were made in two Schenectady rape cases based largely on matches gained through the current database. Opposing the state District Attorneys Association is the state Defenders Association. Alfred O’Connor, an attorney with the group, said last week they believe the current law is appropriate. Expanding it to the time of arrest would be a violation of the presumption of innocence. Comparing DNA to fingerprints is not valid, O’Connor said. Fingerprints are used to confirm a person’s identity and their criminal history. DNA would be used to investigate other crimes. “It’s not surprising that the district attorneys would seek this information,” O’Connor said. “They aren’t charged with protecting the presumption of innocence.” Carney, however, doesn’t buy that argument. Fingerprints, he said, can be used in a similar manner, checking them against prints found at other crime scenes. The DNA profiles would also be treated just like fingerprints, Carney said. If someone is cleared of a crime, the fi ngerprints taken are sealed. The DNA profiles would be handled the same way. RIGHTS GROUP OPPOSED The New York Civil Liberties Union is also opposed to any presentencing collection of DNA. The group alleges problems with retention of samples and use of matches. “It’s a very, very attractive law enforcement tool,” said Melanie Trimble, executive director of the group’s Capital Region chapter. “But it really isn’t as reliable as people think it is.” James A. Murphy III, Saratoga County district attorney and state association president, said there would also be other benefits. Samples are now taken post conviction by several agencies, depending on how the conviction is decided. Under the proposal, local police would handle collection, just like fingerprints and other information. The current system has also resulted in hundreds of people statewide who have skirted it and failed to give a sample. In cases where there is no further jail time, offenders are simply ordered to go to law enforcement and submit a sample, Murphy said. Many don’t bother. Albany County District Attorney P. David Soares last week began a campaign to get those to comply. In Albany, Schenectady and Saratoga counties, nearly 300 people have fallen through the cracks and so far failed to give a sample, Murphy said. Those represent about 15 percent of all eligible cases. The arrest proposal is his association’s ultimate goal, Murphy said. They would also support the lesser bill calling for submissions in all criminal convictions. But, he said, taking it at arrest just makes sense. “It’s not like we’re reinventing the wheel,” Murphy said. “We already take a lot of information at the arrest. This would just be another piece.”
Ever since it became clear in the 1990s what a valuable crime-solving tool DNA matching is, we have supported the expansion of the state’s DNA databank — which now includes all felonies and most misdemeanors. Prosecutors last week called on the Legislature to expand it again, not just for those convicted of these crimes but for those arrested, and we are in favor of that, too — with certain caveats. DNA matching has revolutionized crime investigations, providing strong scientific evidence that can not only help convict the guilty but exonerate the innocent. In fact, the most famous cases have been used to show that a significant number of people on death row didn’t commit the crime they were accused of — a good argument against the death penalty and its finality. Most people and organizations have come to accept taking samples from convicted criminals. But taking them from arrestees has raised objections from defense attorneys, who say it ignores the presumption of innocence, and the New York Civil Liberties Union, which says DNA information isn’t as reliable as some people think it is. The presumption of innocence argument can be answered by the fact that fingerprints are now routinely taken upon arrest. Although fingerprints are used primarily for identification purposes and to show whether someone has a criminal history, they can also be used as an investigatory tool, matching prints that were found at a crime scene with those in the FBI’s databank. While physically there is a difference between the two types of evidence, philosphically there is none. The NYCLU objection has some merit: DNA samples are not fool-proof. They can be contaminated, for instance, and prosecutors tend to use statistics in court that exaggerate the odds against a match — by comparing the sample statistically to the entire population rather than to the number in the databank. This overstates the certainty of the match and understates the chances of a false one. National agreement is needed on how DNA statistics are to be used in court, and also on how DNA matching is to be used. It should never be enough for a conviction by itself, but rather a tool to justify looking at a suspect further, and to corroborate other evidence found at the scene and gathered from witnesses. The larger the database becomes, the greater the likelihood that problems will arise. But the potential benefits, for both crime fighting and justice, are worth it.
are we stupid or what????? this is very very very dangerous and slippery ground that we are wading into....and when I say wading I say get the hipwaders out and a giant shovel and a life boat 'cause the one we are on is sinking......this is NOT a deterent for society but rather an (I'm going to say this, but not in distrespect for those really working within our justice system) 'easy way' to show effect of the system for promotional and later gerrymandering..... I'm not so sure tracking people from the outside(government/powers) is such a good idea considering our emblem is the eagle and what the American flag represents.....ALL of our foundations are weakened with these types of "Brave New World" and "New Deal" ideologies........
...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......
The replacement of morality and conscience with law produces a deadly paradox.
STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS
Why taking DNA samples of arrestees is not a good idea
Your May 6 editorial, “Take DNA from arrestees, too,” gives short shrift to the risks related to the expansion of the state’s DNA databank. Expanding the databank to include arrestees would drastically increase the potential for abuse and errors that could convict the innocent while allowing the guilty to roam free. It also would override the presumption of innocence, a cornerstone of our criminal justice system. DNA evidence is a powerful forensic tool — under optimum circumstances. However, contrary to television depictions, DNA evidence is fallible. It’s well documented that mistakes and abuse occur in the collection, analysis and storage of DNA. On May 3, The Los Angeles Times published a news account showing that prosecutors often misrepresent the reliability of DNA evidence to jurors — a national problem, according the article. If this isn’t enough reason for concern, New York lacks adequate quality controls to protect against the corruption of the databank. The state has not undertaken a single study to test the effectiveness of DNA evidence in solving crimes. Lawmakers have much to learn about the use of forensic DNA before expanding the database with samples from tens of thousands of individuals who have not been convicted of any wrongdoing. MELANIE TRIMBLE Albany The writer is executive director of the New York Civil Liberties Union, Capital Region chapter.
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