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SCOTUS ruling emboldens lawmakers to expand DNA collection

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This time next year, Indiana may join the majority of states that collect DNA samples from people arrested on suspicion of committing felonies, rather than only from those convicted. Lawmakers who’ve been stymied are encouraged by a Supreme Court of the United States decision upholding the practice.

Senators this year buried Senate Bill 245 by a vote of 34-16. The bill would have expanded DNA collection to those arrested for certain violent felonies or burglary. One of the bill’s champions, though, said the margin of vote doesn’t tell the full story.

“It turns out on the final day for calling third reading for bills, that was the same day this issue was argued before the Supreme Court,” said Sen. Joseph Zakas, R-Granger, an author and outspoken proponent. Senators hesitated until the court spoke, he said.

“I think the chances of passage are greater because the court has issued a ruling on this, and I think there are some good answers to a number of the concerns raised on the other side,” Zakas said. “The bill will save lives.”

The high court on June 3 handed down a 5-4 decision in Maryland v. King, 133 S. Ct. 594 (2012), that affirmed Maryland’s practice of collecting DNA from people arrested for certain felonies. The genetic material taken via cheek swab is entered into the Combined DNA Index System (CODIS) database that can match samples to DNA profiles taken from crime scenes or from victims of unsolved violent crimes. In Alonzo King’s case, DNA collected after his arrest for menacing people with a shotgun connected him to a 6-year-old unsolved rape for which later he was convicted.

Conservative Justice Antonin Scalia authored a blistering dissent, even by his standards, joined by three of the court’s more liberal justices: Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. Scalia wrote that the majority had abandoned the unreasonable search and seizure protections of the Fourth Amendment, and he was incredulous about the majority’s position that the DNA collection was for identification purposes rather than crime solving.

“The Court disguises the vast (and scary) scope of its holding by promising a limitation it cannot deliver. The Court repeatedly says that DNA testing, and entry into a national DNA registry, will not befall thee and me, dear reader, but only those arrested for ‘serious offense[s],’” Scalia wrote. “… I doubt the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection.”

While civil libertarians worried about the portent of the decision, those who endorse expansion of DNA collection in criminal cases said the need to protect the public is paramount.

“Folks, I think, worry needlessly about it,” Indiana Prosecuting Attorneys Council Executive Director David H. Powell said. “I don’t want to criticize Justice Scalia, but I have a lot of confidence in the criminal justice system by and large being fair and truth-seeking.”

DNA collection can not only match suspects to unsolved crimes, but may also rule them out, Powell noted. “All we’re interested in is the truth and pinpointing those who commit crimes and doing it as accurately and effectively as possible.”
 

steele-brent2012-mug Steele

Senate Judiciary Committee Chairman Brent Steele, R-Bedford, said he backed SB 245 and similar bills, and he expects passage now that the court has spoken. He noted the majority in the King opinion wrote that even if King’s DNA had not been collected, a fingerprint match also connected him to the unsolved rape.

“I just don’t see the problem,” Steele said. “I just don’t see the alligator in the mud puddle.” Fingerprints have been collected by law enforcement since the 1930s without concerns about misuse or Fourth Amendment violations, he explained. “Do we lose control of fingerprints?”

Paul Misner, biology section commander for the Indiana State Police, said ISP has been neutral on legislation to expand the database, but the lab has taken steps to accommodate what would be a significant increase in analyzing samples. ISP, which administers the state’s DNA database, now collects about 1,500 samples monthly from convicted felons and has the capability to analyze up to twice as many. He said the lab’s cost of analyzing and storing DNA is about $20 per sample, funded by a court filing fee.

Misner sees a need to educate people on what happens after those cheek swabs arrive at the lab.

“I guess I can understand people’s concerns. All they know is, ‘Someone took my sample, and I don’t know what they’re going to do with it,’” he acknowledged. “I do understand the perspective of people on the street who think, ‘The government shouldn’t have my DNA, particularly if I haven’t committed a crime.’”

However, “The very high success rate of the CODIS program in general is good for people to know,” he said. In about 40 percent of cases where DNA profiles exist from crime scenes or victims, a match is generated against the offender database.


dave powell Powell

“There’s a very limited segment of DNA we’re actually testing for that has nothing to do with physical traits or medical predispositions” or other genetic markers, Misner said. This non-coding DNA, Misner said, “is all we’re interested in, and that’s what we put in CODIS.”

Zakas said 28 states and the federal government follow the practice affirmed in the King decision with good reason – the governmental duty of safeguarding the public. “As a general principal, we have the right to be safe in our homes and neighborhoods,” he said.


landis-larry-mug Landis

Indiana Public Defender Council Executive Director Larry Landis said the court’s decision removes constitutional impediments to expanding the state’s DNA collection and leaves the matter as a public policy and privacy question for lawmakers.

Landis said the Public Defender Council doesn’t oppose development of science that enhances the reliability of finding defendants guilty or not guilty.

But while the CODIS database may yield hits in 40 percent of cold cases as Misner noted, Landis said expanding DNA collection would come with a major complication because, likewise, about 40 percent of people charged with felonies are never convicted. A mechanism for expungement of DNA records would have to be workable, he said.

Misner said the ISP lab currently receives fewer than 10 requests for expungement a year. He said processing the additional expungement requests that would result from expanded DNA collection is probably the greatest challenge the lab would face.

Because DNA is different from fingerprints or other identifiers collected by law enforcement, more in line with a blood sample, the potential for misuse should not be dismissed, Landis said. He added that Scalia, in his dissent, also suggested the King ruling could someday open the door to government collection of DNA not just from criminal defendants, but from people seeking a driver’s license or an airline ticket, for instance.

“Once you start down this road, it is the proverbial slippery slope,” Landis said. “If that’s where people want to go, they’re on that road, whether they know it or not.”•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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