Statement: Governor Errs In Proposing Massive Expansion Of DNA Databank, NYCLU Charges

The New York Civil Liberties Union today sharply criticized Governor Eliot Spitzer’s proposal to include in the state’s databank a DNA samples from nearly every person convicted of a crime, including offenses involving low-level, non-contact crimes.

The following can be attributed to NYCLU Executive Director Donna Lieberman:

“Governor Spitzer yesterday proposed a massive expansion off New York State’s DNA databank, stating that use of DNA evidence to identify criminals is ‘decisive, reliable, and even handed.’ Experience in jurisdictions throughout the country, including New York, contradicts this statement.

“DNA evidence is not infallible. It has been well documented that human error, fraud and abuse enters into the collection, analysis and reporting of DNA evidence. Prof. William C. Thompson (University of California, Irvine) had documented systemic problems in the use of DNA evidence — including cross contamination and mislabeling of samples, fabrication of test results, and bias in the analysis and interpretation of DNA samples. New York does not have a regulatory system that can ensure the integrity of the DNA database or the use of DNA samples.

“Expansion of the databank will overload crime labs and undermine effective criminal investigation. Even before the state’s expansion of the DNA databank in 2006, the Commission on Investigation (appointed by Governor George Pataki) reported that ‘representatives of most of the state’s forensic laboratories expressed frustration regarding the lack of funds available to hire and train qualified forensic analysts.’ What’s more, there are reports from around the country that the inclusion of DNA from tens of thousands of low-level, non-violent offenders has created large backlogs in the processing of samples. This has significantly delayed the identification and apprehension of violent felons. Adding tens of thousands of new samples to the state’s DNA databank, will increase error and inefficiency in the law enforcement system.

“New York permits local DNA laboratories to operate without regulatory oversight. Localities throughout the state are collecting and storing the DNA of innocent persons, even when these individuals have been excluded as crime suspects. These so-called rogue databases operate outside the law, yet the state has taken no action to close the labs or to require compliance with regulatory procedures and guidelines. The retention of DNA samples from innocent persons is violation of the law and invitation for abuse. Before even considering the expansion of the DNA database, the state must ensure all laboratories are in compliance with state law.”