Mistaken Collection of DNA Jeopardizes Criminal Cases
Genetics and Health reader Dana sent me news of a Massachusetts States Police crime lab that had DNA profiles of 12 suspects who had previously only been convicted of misdemeanors. The DNA database should have been limited to the DNA of those convincted of felonies.
These 12 suspects were nabbed again for committing sex crimes because their DNA matched those on file in the DNA database. Although DNA resulted in their capture, their DNA should have never been on file in the first place and their lawyers are arguing that they can’t be convicted based on illegally obtained DNA samples. But Public Safety Secretary Kevin M. Burkee disagrees:
As far as I can see, it is admissible. This error wasn’t an intentional error. The errors in these 12 cases were the result of misreading the original criminal record.
Although I’m concerned that 12 criminals might be let off the hook because of technicalities, I know that this kind of stuff happens all the time. What intrigues me more is that DNA databases are growing larger all the time and eventually, we will all have our DNA on file somewhere – scientific study, crime lab database, private at-home DNA testing company, doctor’s office, etc. Eventually we may all experience some sort of trouble because of our DNA. It’s just that some of us deserve to get thrown in prison for a long long time.
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More on DNA databases:
Tags: massachusetts, crime lab, dna database, genetics, genes, genome, dna, health
Will be interesting to see what the courts decide on this one. I wonder if there have been cases where people succesfully have had their DNA removed from state/national databases. I agree, I do think it may be a generation or two away (which is soon in my book) before this sort of thing is commonplace.
Dana: There are apparently procedures to get yourself removed from the UK DNA database, but it is a really complicated and drawn-out process. The best solution would be to never get arrested and never be near a crime scene. It’s like one of my worst nightmares – to be accused of a crime I didn’t commit! It wasn’t me!
As a practicing defense attorney I have objection to the collection of DNA for use in future criminal investigations. The problem is one of privacy and the government’s intrusion into the lives of its citizens.