AlaskaCitizensForJustice

(originally posted July 26, 2011)
DNA testing of suspects arrested for a crime does not violate the US Constitutional right of an accused to unlawful search and seizure. In a 8-6 vote the 3rd US Circuit Court of Appeals upheld the DNA law to collect DNA for those arrested of a crime.

Judge Julio Fuentes wrote that "under the totality of the circumstances, given arrestees' and pretrial detainees' diminished expectations of privacy in their identities and the government's legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and does not violate the Fourth Amendment."

This decision will make it possible for Pennsylvania lawmakers to revive a bill there to start collecting DNA on Arrest. Currently 26 states and the federal government collect DNA on arrest. Many more states have bills pending. American Civil Liberties Union have vowed to take the issue to the Supreme Court.

Jayann Sepich, Surviving Parent Coalition member and founder of DNA Saves filed a brief supporting the law. She responded to the decision saying, "DNA collection saves lives. Perpetrators of heinous crimes who are arrested again and again but not convicted continue to rape and murder," Sepich said. "I know the court made the right decision, and as a result, many lives will be saved."

Sepich's daughter, Katie, was murdered in New Mexico in August 2003. The killer was identified through DNA 3 years later. http://www.dnasaves.org Sepich has worked tirelessly to advocate for DNA on Arrest in all 50 states.

http://pittsburghlive.com/x/pittsburghtrib/news/s_748408.html

 

Both Florida and Ohio started collecting DNA on Arrest July 1st, 2011. AND New Jersey just passed legislation to collect DNA on arrest.  
 
 New Jersey is the 26th state to pass legislation to collect DNA on Arrest.  Fewer cases will grow cold as more states start collecting DNA on arrest.  There will be fewer places for the criminals to run.  Criminals will be identified sooner in their careers.

 The Surviving Parents Coalition www.SPCoalition.org have made it their mission to push for all 50 states and Canada to collect DNA on Arrest.  We have learned first-hand how critical it is to collect DNA on Arrest.  We are a nationwide group of parents who have lived every parent's worst nightmare.  Our children have been abducted, sexually assaulted, some murdered, few recovered, many are still missing.

In my daughter's case, Bonnie Craig, the crime could have been solved in months instead of it taking almost 17 years.  Alaska was the 7th state to start collecting DNA on felony arrest.

 NO ONE SHOULD GET AWAY WITH MURDER, RAPE, NOR ANY OTHER HEINOUS CRIME.  WITH COLLECTION OF DNA ON ARREST, THEY WON'T!

Please take time to look over this post.  It will help with understanding how critical it is to collect DNA on Arrest.

 http://www.lawfirmone.com/legal-forums/index.php/criminal-prosecution-and-defense/no-one-should-get-away-with-murder/#105 
 

Florida passed legislation in June 2009 to collect DNA on felony arrest. Unfortunately, the state legislature didn't allocate any funds to implement the program. Currently, we are pushing to get funding for the program. http://www.sun-sentinel.com/health/fl-dna-law-20101011,0,3377718.story

No one should get away with murder, rape, nor any other heinous crime.  With collection of DNA on all felony arrests we can identify and successfully prosecute the predators in our society.  We can stop them!  We have the technology, 24 states and the federal government have passed legislation to collect DNA on arrest, but we need all 50 states to collect DNA on arrest.  We want to ensure there is no safe haven for the criminals.  

Collection of DNA on all felony arrests will protect the innocent and keep the innocent out of jail.  Fewer cases will grow cold.  Suspects will be identified sooner and taken off our streets.  Many crimes will be prevented.  Law enforcement will be able to focus on the right suspect sooner.  Collection of DNA on arrest saves investigation time, prosecution time and court time.  An Indiana study showed they could save $60 million a year.  One DNA profile costs $40-50.  One cold case can cost $1 million.  One law suit for a wrongful incarceration can cost a state $75,000 per year of incarceration.  One man, just exonerated, was wrongfully incarcerated for 27 years!

Collection of DNA on arrest does not violate any constitutional rights.  It is merely a means of identification, much like the bar code on products in the store.  It does not have any medical, psychological, nor racial information.  This is what a DNA profile looks like:

11,11,12,12,12,13,10,20,29,30,16,18,12

13,09,11,11,15,23,24,06,9.3,08,08,17,19

No name is even attached to the DNA profile in the national DNA database, CODIS.  There is no "intimate medical information." A mug shot is more of an invasion of privacy than a DNA profile.  Which would you rather see on the evening news or the internet; your mug shot or your DNA profile?

The suspect is still innocent until proven guilty.  Only a jury determines "guilty" or "not guilty."  

Surviving Parents Coalition (SPC), a nationwide group of parents who have lived through every parent's worst nightmare, promotes changes in this important public safety legislation.  Our children have been abducted, sexually assaulted, some murdered, few recovered and many are still missing.  We have learned first hand how critical DNA on felony arrest is to protect our children and grandchildren.

One of our missions is to get all 50 states collecting DNA on felony arrest.  We can't do it alone.  We need everyone to participate in the process of making such incredible changes.  We need support.  Please take time to call your US Senators.  Ask them to support the "Katie Sepich Enhanced DNA Collection Act of 2010."   It passed the US House (HR 4614).  It will provide 10% more federal funding for states collecting DNA on arrest.

If your state is not collecting DNA on arrest contact your state lawmakers and let them know you want DNA collected the same time finger prints and mug shots are taken.

Support the SPC as we strive to raise awareness and change legislation to protect our children.  We will kick off our "Ride for Their Lives" in Rochester, New York August 21st.  Ed Smart and Ahmad Rivazfar will ride bikes across the country to Los Angeles, CA to help raise awareness and funds to make the necessary legislative changes.  We need to raise $1 Million to help us in our missions.

We are pushing for funding for the Adam Walsh Child Protection Act of 2006.  We want to encourage compliance by all states in tracking and monitoring the registered sex offenders.  We are striving to get more support for the Internet Crimes Against Children (ICAC) Task Forces.  Currently, more than 1 million computers in the US are downloading child pornography.  These are pictures and videos of infants and children being sexually abused and tortured.  These are crime scene videos of children under 12 years old.  Law enforcement know the location of these computers.  They know there will be a child victim at one third of these locations, yet they only have the resources to investigate less than 2% of the known locations.  

Additionally, we promote education.  Teach our children to stay safe through programs such as r.a.d.Kids and Samantha's Pride. Go to www.SPCoalition.org for more information.

Please, don't turn away in disbelief and disgust from these horrors.  Help us turn tragedy into triumph.  Help us protect and rescue  our kids and save lives.  Help us find those who are still missing.  Take time to donate, to make calls, and to raise awareness

www.RideforTheirLives.com

North Carolina will become the 24th state to pass legislation to collect DNA on arrest.  Rep. Wil Neumann pushed his bill to the very end of the session.  It was passed in the final moments of the NC legislative session.  The bill will now move on to the Governor for signature.  Governor Bev Perdu has been a strong supporter of this legislation along with the Attorney General.

The NC bill includes not only felony crimes, but some misdemeanors.  Studies show that certain misdemeanors are committed by those who have already committed more violent crimes.  In one study 40% of DNA evidence collected at burglaries matched evidence in a murder, rape or violent assault.

Collection of DNA on arrest will save many lives, prevent crimes and reduce the number of cases that grow cold.  It, ultimately, saves the state money in investigation time, prosecution time and court time.  It will protect the innocent and keep the innocent out of jail.  More than 252 people wrongfully incarcerated for a crime have been exonerated by DNA

This DNA Arrestee legislation is beneficial, not only to North Carolina residents, but to all of us, since many criminals cross state lines after committing a major crime to avoid law enforcement.  There is one less state that will act as a safe haven for the predators in our society.

We now need to focus on New York where there are more than 30,000 unsolved crimes.  Rep Sheldon Silver has been the main obstruction in NY.  Other states still needing arrestee legislation are CT, DE, GA, HI, ID, IL, IN, IO, KN, ME MA, MS, MT, NB, NV, NH, NJ, OK, OR, PA, RI, WA, WV, WS,WY and DC.  We need to get all 50 states on board.
  

A fifth trial date has been set in the Bonnie Craig Murder Trial.  Judge Jack Smith set February 7th, 2011 as the new date.  Prosecutor Pat Gullufsen had told Judge Smith back in February that an extension to August 30th would not be possible for him.  He had planned on retiring much sooner.  Gullufsen's request fell on deaf ears. Now time is needed for the new prosecutor,who will start work July 16th to go over more than 10,000 pages of investigation, 33 motions, 105 DNA tests that were taken to rule out suspects and more than 230 audio taped interviews.

Defense attorneys in this case have always requested and been granted more than a year to prepare for a trial.  The defendant,Kenneth Dion, was identified by a DNA match November 2006.  The first trial date of September 2008 was set with the condition that it would give both sides, prosecution and defense,enough time that no continuances would be necessary.

Governor Signs the Budget, June 3rd, 2010

Governor Sean Parnell signed the budget approving the final $75 million for the new Alaska Crime Lab.  Construction is,once again, proceeding.  Thank you to all who pushed for the funding.  We are saving lives and a lot of heartache by getting this new crime lab.  It will be a legacy that will, ultimately, change the crime rate in Alaska.  The innocent will be protected and the predators will end up behind bars earlier in their careers.  Many crimes will be prevented.  No one should get away with murder, rape, nor any other heinous crime.  Alaska will be so much closer to stopping the predators in our society.  Fewer cases will grow cold.  Victims will get answers much quicker.  Confidence in our justice system will start to improve and more victims of rape will be able to endure reporting their rapes and assaults.  The new crime lab will help balance the scales of justice.

 

 

Alaska will be getting the new crime lab.  It was a knuckle biter right to the end, but lawmakers finally approved the $75 million to complete the new crime lab.  Most people will never know how much this will impact their lives.  The crime lab is the foundation of our justice system.  The more effecient it runs the quicker law enforcement can apprehend the predators in our society.  Fewer cases will grow cold.  A lot of money will be saved on investigation and prosecution time.

Congratulations to all Alaskans; this is a legacy that we are leaving for our children and grandchildren.  It will protect the innocent and keep the innocent out of jail.  We will be able to stop letting people get away with murder, rape and other heinous crimes.

We don’t have to let people get away with murder, rape and other heinous crimes anymore.  We can identify them and successfully prosecute them with evidence collected at crime scenes and collecting DNA on all felony arrests.

We will save lives, prevent many crimes, protect our children and grandchildren.  We can change our criminal justice system and start to balance the scales of justice.  We will see amazing progress once our new crime lab is up and running. 

Right now, Alaska is way ahead of the rest of the nation in collecting offender DNA samples.  Those DNA profiles are put into the CODIS database within 30 days; but unfortunately until our new crime lab is ready, other crime scene forensic evidence suffers processing delays - sometimes for years.  Law enforcement doesn’t even expect evidence from many crimes to be processed.  Only the worst of the worst are processed.

If our new crime lab was up and running cases would be solved earlier; fewer cases would grow cold.  Evidence from burglaries would be investigated. Did you know that 40% of all burglaries will be connected to someone who has already committed rape or murder?  Evidence from those crimes is not even processed.

In my daughter’s murder case it took 13 years before her killer was identified by a DNA hit from our national DNA database, CODIS.  The man suspected of killing her had left the state and committed many crimes in New Hampshire.  NH arrested and convicted him in February 2003 for armed robbery.  Yet, we would have to wait almost 4 years before his DNA profile was submitted to CODIS.  It is not fair for any victim to have to wait years for answers.  It weakens cases and complicates prosecution, making it incredibly costly and time consuming. 

There are over 10,000 pages of investigation, 105 DNAs taken to rule out suspects, 230 audio taped interviews.  We have had 27 pre-trial hearings; the defendant is on his third public defender and we are on our second judge.  Although the alleged killer was identified November 2006 we still have not gone to trial.  Currently, the date is set for August 30^th 2010, but we expect the defense to request yet another delay.  By the end of this case our state will have spent in excess of $1 million.  That’s just one cold case.

I know that, with current technology and current laws, no other parent should have to go through this.  We have the technology, the people; we need to put up the money for our new crime lab so they can do their jobs.  The crime lab is the foundation of our justice system.  It is our moral responsibility to protect the innocent and keep the innocent out of jail.

Failure to fund this crime lab, again, will cost lives and pain.  It will allow killers and rapists to continue roaming our streets and harming others.  More cases will grow cold, costing our state thousands in investigation time, prosecution time and court time.  This new crime lab will be a legacy for years to come.  It will prevent so much pain and sorrow and help reduce our crime rate.  No one should get away with murder, rape or any other heinous crime.  Let’s make Alaska a safer place, a better place for our children and grandchildren.  Let’s fund the new crime lab now.  Call or email your lawmakers today!