District Attorneys' Innovative Use of DNA Evidence
Milwaukee, Wis.
Defense and prosecuting attorneys alike see
benefits in performing DNA testing within a few days of a crime. It can
promptly clear innocent suspects and help catch the guilty. Milwaukee
County district attorney Norman Gahn has taken this approach a step
further. He didn't wait for a suspect.
After obtaining DNA evidence in a September 1999 sexual assault
crime, Gahn issued a warrant based on DNA alone. "We issued a warrant
for the arrest of that person, based on his genetic code," Gahn
explains. Automatic checks against DNA data banks nationwide regularly
search for a match.
Questions remain, he adds, as to what will happen in litigation
should there ultimately be a DNA match and an arrest. Did he meet the
requirements for a warrant? Did the statute of limitations expire? "All
sorts of arguments could be made about the passage of time and things of
that nature," Gahn says. "But I believe the DNA technology has gotten to
the point that you can carve out an exception."
Gahn was one of the first, if not the first, prosecutor in the
country to adopt this tactic. Since then, many have followed. "In fact,
a couple of months ago, Sacramento got a hit on one of its DNA
warrants," he says. "The validity of it is being litigated now." And
Gahn is keeping a close eye on the results.
San Diego, Calif.
Last June, the San Diego County district attorney's office adopted a
proactive stance in using DNA evidence to clear innocent prison inmates.
It's the first prosecutor's office in the country to offer free DNA
tests to inmates who think such tests could prove their innocence.
One impetus behind San Diego's decision was the case of Frederick
Daye, who served 10 years of a life sentence for robbery, rape, and
kidnapping before DNA tests proved his innocence. DNA testing was not
available in 1984, when Daye was arrested. The jury convicted him mostly
on eyewitness testimony and Daye's shaky alibi.
Prosecutors have begun what they expect will be a year-long process
of reviewing some 560 convictions dating back to before 1992, when
testing of suspects' DNA became common practice. The San Diego office
pegs the cost of each test at roughly $5,000.
Other district attorney offices around the country now are
considering similar efforts. Prosecutors coordinating the San Diego
project have described their effort as "the responsible thing to
do."
Wisconsin
Lawyer
