March 29, 2024
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DNA data may grow Benefits seen for Maine

AUGUSTA – With the “CSI” television series among the most popular on television, many people are now aware of the use of DNA to identify bad guys after they have been convicted of previous crimes.

The DNA samples go into a database, which then is tapped to provide helpful information.

Most states now require the collection of DNA samples in some misdemeanors, and seven already are collecting samples from individuals arrested, but not convicted, in serious crimes.

“I would think everyone would agree it’s in all our best interest to have as broad a DNA database as possible,” said Everett Fowle, president of the Maine Prosecutors Association.

“We should expand the DNA database as much as possible so that crimes can be solved, the guilty can be prosecuted and the innocent can be exonerated,” he said.

Fowle, district attorney for Kennebec and Somerset counties, said that at a recent national meeting of prosecutors there was considerable discussion about the expansion of DNA databases. He said states with broader databases than Maine’s have found them “invaluable” in prosecutions.

“Right now in Maine we put those convicted of felony crimes in the DNA database,” he said. “Why don’t we include violent misdemeanor convictions in that, and why don’t we include felony arrestees in that, particularly violent felonies?”

State Public Safety Commissioner Michael Cantara, a former district attorney, said there is no doubt a more extensive DNA database would help in both prosecutions and in clearing suspects.

But, he said, it would be expensive.

“It is a great investigatory tool,” he said. “But it comes at a cost, and in a small state like Maine we have to weigh how far down the list of criminal offenses we could go and whether we could afford it.”

Eliot Kollman, director of the Maine State Police Crime Lab in Augusta, estimated each DNA test processed and added to the database costs $50 to $60. He said that figure could become higher if the state substantially expanded the DNA samples it collected and the lab had to hire additional staff.

Maine has contributed about 6,500 offender profiles to the Combined DNA Index System, CODIS, a network of federal and state computer databases. The combined federal and state files hold DNA profiles of about 3 million people in a nation with population about to hit 300 million.

To expand Maine’s collection program to all convicted criminals likely would be very expensive. On average, there are a little more than 1,000 murders, rapes and aggravated assaults in a year. The total number of crimes when you add property crimes such as burglaries and larcenies averages some 36,000 a year.

Geoffrey Rushlau, district attorney for Waldo, Knox, Lincoln and Sagadahoc counties, said that while building a broad database might make police work easier, he agrees it would be too expensive.

“I don’t see us being able to afford collecting from all convicted of misdemeanors,” he said. “And expanding it to everyone arrested, well, that would cost even more and it raises a lot of other issues.”

Rushlau said, however, that he would support a targeted expansion of DNA collections to those convicted of misdemeanor sex crimes. He said several studies indicate that those convicted of misdemeanor crimes such as public indecency go on to commit violent sexual assaults.

“The police have a consistent record of looking to expand the reach of their power,” said Zach Heiden, staff attorney for the Maine Civil Liberties Union. “We in this country enjoy the right to a presumption of innocence. That goes back to even before the founding of our country and we should not be so quick to turn that over.”

He said the government should stick to using fingerprints to identify people. He said the DNA databases have far too much private information, such as the likelihood of developing a disease, to be entrusted to a government agency.

“The government has a horrible record in protecting people’s privacy,” he said. “Look what happened at [Veterans Affairs].”

A laptop containing some records, including some medical records, of 26 million veterans was stolen from the home of a Department of Veterans Affairs worker. It later was recovered, and the FBI said it does not believe any of the data were compromised.

Fowle said he is not proposing creation of a DNA database that would threaten a person’s privacy. He is urging an expansion to help protect the public.

“I don’t think you want to have DNA taken from every baby as they are born,” he said. “There does have to be a balance between the legitimate privacy and constitutional concerns of the law-abiding individuals and an effective criminal justice system.”

Sen. Bill Diamond, D-Windham, co-chair of the Legislature’s Criminal Justice Committee, said he shares some of the concerns raised by the MCLU. But, he said, DNA is a tool that should be used to put dangerous criminals in jail because protecting the public is a fundamental responsibility of government.

“I am concerned about spreading that net out too far on every arrest and collect DNA on every crime,” he said, “But, on sex crimes, that’s a different matter, and I think we should consider that.”

Diamond said he would not be surprised if legislation expanding DNA collections is introduced in the next session of the Legislature.


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