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Cooper: Get DNA samples on arrest

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Monday, July 27, 2009

(Updated 11:39 pm)

By Mark Binker
Staff Writer

RALEIGH — Attorney General Roy Cooper says North Carolina should collect DNA samples from all booked into the state’s jails, much like fingerprints are collected now.

“I want us to move to taking DNA samples from those who are arrested, not just convicted,” Cooper said at the N.C. Sheriff’s Association conference Monday.

Cooper said he would ask the General Assembly to pass a law authorizing the new collection regime during the legislative session that starts next May. Although a similar bill has been filed this year, it is not expected to pass before lawmakers finish their work.

DNA testing allows comparing someone’s genetic information with evidence left behind at a crime scene.

“Oftentimes when a criminal is arrested, they get out again pretty quickly,” Cooper said after his speech. “It’s important to have that sample in the DNA database so we can catch that person if he does something wrong between (then and) the time that he’s convicted.”

Cooper said DNA evidence frequently is used to exonerate innocent people as well as catch criminals.

The FBI and at least 15 other states — including California and Pennsylvania — collect DNA samples upon arrest.

“From a pragmatic standpoint, I’d like to see us be able to solve more crimes,” said Guilford County Sheriff BJ Barnes, who did not attend the conference. Barnes said that collecting DNA could allow officers to catch up with more people who should be in jail but might otherwise be set free for lack of evidence or because they are convicted of a relatively minor crime.

But he had reservations. “I can see where it can be ... a situation where there are a lot of folks in there who don’t need to be in the database,” Barnes said.

Cooper said someone who was not convicted of a crime could have the DNA information expunged.

“In other states, oftentimes it takes going through the court system to get that removed,” said Sarah Preston, legislative counsel for the American Civil Liberties Union in North Carolina. The ACLU, she said, opposes both Cooper’s proposal and the pending legislation already filed.

“We oppose the taking of DNA samples from people who are charged but not convicted of a crime,” she said. “That turns the tenet of innocent until proven guilty on its head.”

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com.

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kikablue

July 27, 2009 - 6:51 pm EDT

I do not see anything wrong with taking DNA, as far as a person not convicted can very easily be put in a file marked with the sex Male or Female no name till it is run through AFIS. It would also help when a person is found dead with no ID, If they're not in the criminal data base, they might be in one of the other files. Something to think about. MS.Sarah Preston.

Karen Foster

July 29, 2009 - 10:58 am EDT

There are 21 States that now have legislation to collect DNA on Arrest. It only makes sense that it is done at time of arrest. It is only a means of identifying an individual. It doesn't make them any more "guilty" than taking fingerprints or a mugshot. Legislation can include provisions for expungement if the individual is found not guilty or charges are dismissed. In 30% of the cases the individual's DNA will connect them to a serious assault, rape or murder. Let's give law enforcement the tools they need and start balancing the scales of justice. Thank you Attorney General Cooper! It will save the state a lot of investigation time, prosecution time, court time and it will save lives.

Jayann Sepich

July 29, 2009 - 3:56 pm EDT

Congratulations, AG Cooper on proposing this legislation. My home state of New Mexico began taking DNA upon felony arrest at midnight on January 1, 2007. One hour and fourteen minutes later the first person arrested for a felony under the new law was swabbed and his DNA matched crime scene DNA found at a homicide. Since that night 87 matches have been made in New Mexico between felony arrestee DNA and unsolved crime scene DNA. And that is in a state with a total population of about 1.5 million. One of these matches was to an unsolved homicide in Las Vegas, NV on a burglary arrest in Albuquerque, NM. Another was to the unsolved rape and murder of an eleven year old little girl who was slain in her own bed. And that match freed a man who had been in jail for over two years, wrongfully accused of being involved in the murder. It is also important to note that it has not been a financial burden on the taxpayers of New Mexico. To the contrary, it has saved taxpayers money. I applaud your leadership, Attorney General Cooper, and know that when passed, taking DNA upon arrest will make the North Carolina a safer place to live.

Linda Walker

July 30, 2009 - 12:25 pm EDT

Thank you Attorney General Cooper for being so insightful by proposing this great piece of legislation. I know on a very personal level the value of having DNA taken from those that chose to violate the laws of our country.