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The “CSI Effect”: Maximizing The “CSI Effect”: Maximizing the Potential of Forensic DNAthe Potential of Forensic DNA
October 10, 2012October 10, 2012
Maximizing the Potential of DNA Maximizing the Potential of DNA TechnologyTechnology
Chris Asplen, Esq.Chris Asplen, Esq.Asplen and Associates, LLCAsplen and Associates, LLC
[email protected]@Gmail.com
How is DNA technology How is DNA technology different than other different than other
forensic disciplines?forensic disciplines?
Why does it matter?Why does it matter?
How is DNA technology different How is DNA technology different than other forensic disciplines?than other forensic disciplines?
The important distinguishing feature of DNA The important distinguishing feature of DNA technology is technology is notnot the scientific rigor with the scientific rigor with which it was developedwhich it was developed Nor is it the extensive judicial scrutiny to which Nor is it the extensive judicial scrutiny to which
it was subjected. (it was subjected. (Castro etc)Castro etc)
Nor is it the discriminating / identifying power of the technology Fingerprint technology has been applying source
attribution results for years and DNA does not (in most jurisdictions)
How Did DNA become the How Did DNA become the Phenomenon That It Is?Phenomenon That It Is?
Numerous “Drivers.” Numerous “Drivers.”
Postconviction ApplicationsPostconviction Applications Accountability DynamicAccountability Dynamic Legislative DriversLegislative Drivers Technology DriversTechnology Drivers Media DriversMedia Drivers
Jurisprudential HistoryJurisprudential History
AdmissibilityAdmissibility Prosecutors “let it in”Prosecutors “let it in”
Defense Attorneys “keep it out”Defense Attorneys “keep it out”
Postconviction ApplicationsPostconviction Applications Defense Attorneys “Let it in – justice demands it!”Defense Attorneys “Let it in – justice demands it!”
Prosecutors “keep it out – The value of finality!”Prosecutors “keep it out – The value of finality!”
Statute of limitations extensionsStatute of limitations extensions Prosecutors “It was good enough for Postconviction Prosecutors “It was good enough for Postconviction
laws!”laws!” Defense Attorneys “It’s a violation of rights!”Defense Attorneys “It’s a violation of rights!”
Database challengesDatabase challenges
TISSUE (SKIN)
CLOTHING
TISSUE (SKIN)
GLOVE
PLANT DNA
TISSUE (SKIN)
“CONTACT DNA”
Fingerprints
TISSUE (SKIN)
BIRD DNA
“Bird”
United KingdomUnited Kingdom
The Metropolitan Police The Metropolitan Police ServiceService
““A Strategic shift that had A Strategic shift that had taken place in the use of taken place in the use of forensic science following forensic science following the development of forensic the development of forensic intelligence databases that intelligence databases that identify suspects rather identify suspects rather than provide evidence for than provide evidence for the courts”the courts”
Familial searching Familial searching
Utilized in many places throughout the world
Including the "Shoe Rapist" who took his victims' stilettos as trophies and was caught 20 years later when his sister was arrested for drink-driving
Not as effective in the US because of bad policy
Local DNA Local DNA “Intelligence” “Intelligence”
Databases: The Power Databases: The Power to Solve and Prevent to Solve and Prevent
More CrimeMore Crime
Introduction – The Basics
CODIS DNA databases provide an CODIS DNA databases provide an important national tool for fighting crimeimportant national tool for fighting crime
However, some of the restrictions However, some of the restrictions imposed by the CODIS system restrict the imposed by the CODIS system restrict the investigative value of DNA Databasesinvestigative value of DNA Databases
Local DNA databases can maximize the Local DNA databases can maximize the investigative value of DNA technology by investigative value of DNA technology by placing the databasing technology placing the databasing technology directly in the hands of police and directly in the hands of police and encouraging faster turnaround timeencouraging faster turnaround time
Make cold cases relevant againMake cold cases relevant againInstant and ever expanding database of suspectsInstant and ever expanding database of suspects
““Reinvestigate” a case every time new Reinvestigate” a case every time new profiles are added to the database at no profiles are added to the database at no extra cost.extra cost.
Identify serial offenders and connect casesIdentify serial offenders and connect cases
Identify Offenders across national, state and Identify Offenders across national, state and local boarderslocal boarders
Forensic DNA Databases Make DNA a Better Investigative Tool
Not Just a Better Piece of Evidence
CODIS (Combined DNA Indexing System)CODIS (Combined DNA Indexing System) Established and administered by the FBIEstablished and administered by the FBI Subject to Federal FBI GuidelinesSubject to Federal FBI Guidelines Input into a national systemInput into a national system CODIS approved labsCODIS approved labs FBI developed database softwareFBI developed database software
Local / Non CODIS affiliated DNA databases Local / Non CODIS affiliated DNA databases DNA testing done by laboratories with the same DNA testing done by laboratories with the same
accreditation as CODIS accreditation as CODIS Many of these labs provide DNA profiles to the CODIS Many of these labs provide DNA profiles to the CODIS
systemsystem Profiles are compatible with the CODIS systemProfiles are compatible with the CODIS system
Commercially produced softwareCommercially produced software
Forensic DNA DatabasesTwo examples
How Did CODIS Begin?How Did CODIS Begin?
CODIS was initially a pilot project that began in CODIS was initially a pilot project that began in 1990 serving 14 state and local laboratories. 1990 serving 14 state and local laboratories.
The DNA Identification Act of 1994 (Public Law The DNA Identification Act of 1994 (Public Law 103 322) formalized the FBI's authority to 103 322) formalized the FBI's authority to establish a national DNA index for law establish a national DNA index for law enforcement purposes. In October 1998, the enforcement purposes. In October 1998, the FBI's National DNA Index System (NDIS) FBI's National DNA Index System (NDIS) became operational. became operational.
CODIS is implemented as a distributed CODIS is implemented as a distributed database with three hierarchical levels (or database with three hierarchical levels (or tiers) - local, state, and national. tiers) - local, state, and national.
US DNA Database Architecture
The tiered approach allows state and local agencies to The tiered approach allows state and local agencies to operate their databases according to their specific operate their databases according to their specific legislative or legal requirements. legislative or legal requirements. OnlyOnly a CODIS administrator can enter data into the national a CODIS administrator can enter data into the national
database.database.
All DNA profiles originate at the local level (LDIS), then flow All DNA profiles originate at the local level (LDIS), then flow to the state (SDIS). SDIS allows public laboratories within to the state (SDIS). SDIS allows public laboratories within states to exchange DNA profiles. states to exchange DNA profiles.
NDIS enables the public laboratories to exchange and NDIS enables the public laboratories to exchange and compare DNA profiles against all other state entered compare DNA profiles against all other state entered profiles profiles
How Does Data Get Entered into How Does Data Get Entered into CODIS? CODIS?
National DNA Index System (NDIS) – National DNA Index System (NDIS) – maintained by the FBImaintained by the FBI
State DNA Index System (SDIS) - each state State DNA Index System (SDIS) - each state has one designated SDIS maintained by a has one designated SDIS maintained by a CODIS administratorCODIS administrator
Local DNA Index System (LDIS) – each local Local DNA Index System (LDIS) – each local database has a Local CODIS administrator database has a Local CODIS administrator database that receives that is responsible for database that receives that is responsible for what profiles go into the LDIS what profiles go into the LDIS
Who Enters Data into CODIS?Who Enters Data into CODIS?
Law Enforcement Agencies themselvesLaw Enforcement Agencies themselves Unless that agency has its own CODIS approved Unless that agency has its own CODIS approved
local Databaselocal Database
Private laboratoriesPrivate laboratories Even though private laboratories maintain the Even though private laboratories maintain the
same accreditation and certifications as public same accreditation and certifications as public laboratories do.laboratories do.
FBI regulations require that all DNA profiles analyzed FBI regulations require that all DNA profiles analyzed by a private laboratory must be “technically by a private laboratory must be “technically reviewed” by the State CODIS approved laboratoryreviewed” by the State CODIS approved laboratory
Who Cannot Enter Data into Who Cannot Enter Data into CODIS?CODIS?
What type of information is compared What type of information is compared in CODIS?in CODIS?
Convicted Offender SamplesArrestee Samples
(in 25 States)Unknown Forensic Crime Scene Samples
Unidentified Human Remains
What type of information What type of information CANNOTCANNOT be compared in CODIS?be compared in CODIS?
Suspect profilesVolunteers profiles
Arrestee (in 25 States)
Known Forensic Crime Scene Samples
The National DNA Index (NDIS) containsThe National DNA Index (NDIS) contains◦ 180 + participating laboratories180 + participating laboratories◦ over 9,875,100 offender profilesover 9,875,100 offender profiles◦ 1,216,400 Arrestee profiles1,216,400 Arrestee profiles◦ 447,300 forensic profiles447,300 forensic profiles◦ 187,700 hits 187,700 hits ◦ 180,000 Investigations aided180,000 Investigations aided
CODIS StatisticsCODIS Statistics
◦ Most Crime is Local !Most Crime is Local !
◦ PropertyProperty crimes are the most recidivistic crimes are the most recidivistic crimescrimes
◦ Criminals usually offend repeated in the same Criminals usually offend repeated in the same areaarea
◦ Burglars break into one house in a Burglars break into one house in a neighborhood then move to the next houseneighborhood then move to the next house
- not the next state- not the next state
So why a Local DNA Database?So why a Local DNA Database?
◦ DNA is only an effective investigative tool DNA is only an effective investigative tool if the DNA analysis is performed quickly if the DNA analysis is performed quickly enough to be of valueenough to be of value
◦ Investigators cannot “stop” investigating while Investigators cannot “stop” investigating while they wait for results from over worked public they wait for results from over worked public labslabs
◦ No time or money is saved if turn around time No time or money is saved if turn around time for results beyond several weeksfor results beyond several weeks
◦ CODIS restrictions on private laboratories CODIS restrictions on private laboratories extend the length of time and money it costs to extend the length of time and money it costs to get a profile into the database systemget a profile into the database system
So why a Local DNA Database?So why a Local DNA Database?
◦ CODIS rules and guidelines restrict the CODIS rules and guidelines restrict the kinds of profiles that can be entered into kinds of profiles that can be entered into the databasethe database◦ For exampleFor example
◦ Suspects cannot be enteredSuspects cannot be entered◦ Known forensic profiles cannot be enteredKnown forensic profiles cannot be entered
◦ Law Enforcement agencies have little control Law Enforcement agencies have little control over the database with CODISover the database with CODIS◦ Local databases are driven by the local agency not Local databases are driven by the local agency not
federal authoritiesfederal authorities
So why a Local DNA Database?So why a Local DNA Database?
Comparison of Local Databases Comparison of Local Databases and CODISand CODIS
Local Databases Local Databases
Are specifically designed to solve Are specifically designed to solve crime locally and are governed by crime locally and are governed by criteria set by the investigating criteria set by the investigating agencyagency
Maximize the investigative value of Maximize the investigative value of forensic DNA technologyforensic DNA technology
Focuses 100% of financial and Focuses 100% of financial and personnel resources on local agencies’ personnel resources on local agencies’ crimes and perpetrators.crimes and perpetrators.
Can provide rapid turn-around time Can provide rapid turn-around time for DNA profile and database search for DNA profile and database search results thereby solving and preventing results thereby solving and preventing crimes quickly.crimes quickly.
••
CODISCODIS
Emphasizes a national crime Emphasizes a national crime fighting network and is governed by fighting network and is governed by rules established by Federal rules established by Federal authoritiesauthorities
Can restrict the investigative Can restrict the investigative potential of forensic DNA technologypotential of forensic DNA technology
Spreads resources across state and Spreads resources across state and national systems diluting the local national systems diluting the local crime fighting impact.crime fighting impact.
Usually places DNA evidence in a Usually places DNA evidence in a long line of backlogged cases long line of backlogged cases limiting the investigative and crime limiting the investigative and crime prevention value of DNA prevention value of DNA
Comparison of Local Databases Comparison of Local Databases and CODISand CODIS
Local Databases Local Databases
Provide database search results Provide database search results directly to investigating officersdirectly to investigating officers
Empower investigators to Empower investigators to determine their own criteria for DNA determine their own criteria for DNA testing and database inclusiontesting and database inclusion
Empower local investigators to set Empower local investigators to set priorities for when evidence gets priorities for when evidence gets testedtested
Direct access by investigators Direct access by investigators allows them to perform follow-up allows them to perform follow-up searches when new information searches when new information becomes available.becomes available.
CODISCODIS
Restricts database access to a small Restricts database access to a small number of state and federal officialsnumber of state and federal officials
Restricts database use to policies Restricts database use to policies established by the federal and state established by the federal and state authoritiesauthorities
Subjects local departments to state Subjects local departments to state laboratory established testing laboratory established testing priorities and whether or not the state priorities and whether or not the state laboratory will test at all.laboratory will test at all.
Investigators have NO direct access Investigators have NO direct access requiring investigators to contact requiring investigators to contact state officials and wait for a reply as state officials and wait for a reply as to whether a search can even be to whether a search can even be performedperformed
National Institute of Justice sponsored National Institute of Justice sponsored Property Crime ExperimentProperty Crime Experiment
Twice as many suspects identified with DNATwice as many suspects identified with DNA Twice as many cases accepted for prosecutionTwice as many cases accepted for prosecution DNA is 5 x as likely to ID a suspect compared with DNA is 5 x as likely to ID a suspect compared with
fingerprintsfingerprints Suspects identified by DNA had at least twice as Suspects identified by DNA had at least twice as
many prior felony arrests and convictionsmany prior felony arrests and convictions Material collected by technicians is no more likely Material collected by technicians is no more likely
to result in a suspect being identified than to result in a suspect being identified than material collected by patrol officers.material collected by patrol officers.
BurglaryDenver Project identified over 40 prolific burglars since Denver Project identified over 40 prolific burglars since
November 1, 2005.November 1, 2005.
• • A prolific burglar commits an average of 243 A prolific burglar commits an average of 243 cases per year.cases per year.
• • When DNA is recovered, the prosecution rate is 5 X When DNA is recovered, the prosecution rate is 5 X higherhigher
• • Average sentence for burglars linked to DNA is over Average sentence for burglars linked to DNA is over 12 years in prison (6 months without DNA evidence).12 years in prison (6 months without DNA evidence).
• • After police arrested one man - who later admitted After police arrested one man - who later admitted to over 1000 burglaries – the burglary rate in to over 1000 burglaries – the burglary rate in
the West Washington Park neighborhood dropped the West Washington Park neighborhood dropped about 40%.about 40%.
Conclusion
CODIS provides an important national CODIS provides an important national tool for fighting crimetool for fighting crime
However, some of the restrictions However, some of the restrictions imposed by the CODIS system restrict imposed by the CODIS system restrict the investigative value of DNA the investigative value of DNA DatabasesDatabases
Local DNA databases can maximize the Local DNA databases can maximize the investigative value of DNA technology investigative value of DNA technology by placing the databasing technology by placing the databasing technology directly in the hands of police and directly in the hands of police and encouraging fatster turnaround timeencouraging fatster turnaround time
Taking Control:Taking Control:Less Taxpayer Funding - Less Taxpayer Funding -
More DNA TestingMore DNA Testing
Bensalem Township PennsylvaniaBensalem Township Pennsylvania
Population 90,000 Suburban / Urban Borders Philadelphia 21 Square miles
Bensalem Police Department 103 sworn officers 68 admin personnel
Crime rate 318 Average Burglaries per year 598 Average thefts from auto 179 Average auto thefts 149 Narcotics investigations
History of the Bensalem Property Crimes Local DNA Database
First presented with the concept in Fall of ‘09 Were previously unaware of the potential for use of DNA
in property crimes Unaware of the ability to create a local database
Visited Palm Bay, Florida Police Department Had implemented a local database 3 years previously.
Funding Options ConsideredFunding Options Considered
Federal Grants Federal Grants Would take too longWould take too long No guarantee of successNo guarantee of success
Drug Forfeiture FundsDrug Forfeiture Funds Can use Can use DNA in drug cases in drug cases More successful drug prosecutions with DNA would lead More successful drug prosecutions with DNA would lead
to more forfeituresto more forfeitures
Why not use the state lab and Why not use the state lab and state database?state database?
State LaboratoryState Laboratory Does not take property cases Does not take property cases Turn around time is too longTurn around time is too long
State Database system State Database system Does not accept suspects profiles Does not accept suspects profiles Subject to FBI cases acceptance guidelines Subject to FBI cases acceptance guidelines Requires technical review of private lab profiles extending Requires technical review of private lab profiles extending
length of time and costlength of time and cost
Administrative Team Administrative Team ResponsibilitiesResponsibilities
Coordinate Training of all personnel Determine which samples will be sent to the laboratory Coordinate policy development with District Attorney’s Office Evaluate collections to ensure consistency and legality Act as Liaison with laboratory Ensure match follow-up
Collection ProtocolsCollection Protocols
Suspect Collections
Evidence Collections
Evidence Triage
Statistics After One YearStatistics After One Year
Total number of reference and evidence samples collected Total number of reference and evidence samples collected 38003800
2200 reference samples2200 reference samples 1600 evidence samples1600 evidence samples
Total number of reference and evidence profiles in databaseTotal number of reference and evidence profiles in database 18001800
1000 reference profiles1000 reference profiles 800 evidence profiles800 evidence profiles
Percentage of evidence samples sent to the lab yielding no DNA Percentage of evidence samples sent to the lab yielding no DNA result.result.
23%23%
Statistics After One YearStatistics After One Year
Collected 3587 reference samplesCollected 3587 reference samples 1750 profiles in the database
Collected 3225 evidence samples Collected 3225 evidence samples 1815 profiles in the database1815 profiles in the database
75 cases where DNA evidence has been a direct 75 cases where DNA evidence has been a direct and substantial factor in the dispositionand substantial factor in the disposition
6 cold hits 6 cold hits
Breakdown of Investigations Breakdown of Investigations Involving Local Database HitsInvolving Local Database Hits
Narcotics – 17 casesNarcotics – 17 cases Property Crimes – 12 casesProperty Crimes – 12 cases Violent Crimes – 5 casesViolent Crimes – 5 cases Other – 3 casesOther – 3 cases
5 cases involved handguns where DNA was 5 cases involved handguns where DNA was obtained from the gun and matched the suspect. obtained from the gun and matched the suspect.
Case Example # 1Case Example # 1
Constructive Possession with Multiple Constructive Possession with Multiple SuspectsSuspects
30 vials of crack discovered in rear of transport van after a transport of 5 suspects
All suspects denied possession but consented to buccal swabs
Exterior of glassine baggie swabbed One of the suspect’s DNA profile matched DNA
profile from baggie
Case Example # 2Case Example # 2
Stolen Vehicle / Hit and Run Accident Stolen Vehicle / Hit and Run Accident investigation investigation
Unknown suspect fled the scene of an accident prior to police arrival.
Abandoned vehicle was determined to be stolen.
Blood droplets located inside the vehicle and swabbed by scene officers.
DNA profile from blood droplets matched profile from suspect in the database because of a Previous disorderly conduct arrest.
Case Example # 3Case Example # 3
Armed Robbery InvestigationArmed Robbery Investigation
Unknown suspect robbed a 7 Eleven at gunpoint and fled on foot.
Responding officers located a suspect matching actor’s description
Hand gun was found hidden in a trash can a short distance away and swabbed for DNA
Suspect provided a consensual buccal swab DNA analysis matched suspect’s DNA to DNA
identified on the gun
Case Example # 4Case Example # 4
Burglary / Criminal Trespass Burglary / Criminal Trespass Investigation (Blind Hit) Investigation (Blind Hit)
Officers responded to a residential burglary Responding officers processed scene and
collected discarded cigarette butt There were NO investigative leads DNA profile developed from cigarette butt DNA matched profile of suspect previously
arrested for a weapons offense Suspect confessed and implicated two other
actors who also subsequently confessed as well
Case Example # 5Case Example # 5
Narcotics Investigation / Possession with Narcotics Investigation / Possession with Intent to Deliver Intent to Deliver
Officers discover hidden compartment in vehicle during a traffic stop
Driver denied any awareness of a hidden compartment
Driver of vehicle provides consensual buccal swab
12 Kilograms of cocaine were found in the hidden compartment.
DNA swabs taken from cocaine packaging DNA from the packaging matched the driver.
The FutureThe Future
Taking the program County-wideTaking the program County-wide County District Attorney driven application County District Attorney driven application
for funding from the County for funding from the County Redevelopment AuthorityRedevelopment Authority
Gambling MoneyGambling Money
““Rapid” DNA TestingRapid” DNA Testing
How long until it’s a reality?How long until it’s a reality? How fast is fast?How fast is fast? Who will be in charge?Who will be in charge? Where will we be testing?Where will we be testing? What will we be testing?What will we be testing?
