Aims To Help Solve More Crimes
Gov. Andrew M. Cuomo announced that all 62 county district attorneys, all of the state’s 58 county sheriffs, more than 400 New York State police chiefs, and leading victims’ advocacy groups have endorsed the DNA Databank Expansion bill, which aims to help solve more crimes, prevent crimes, bring justice to victims and exonerate innocent New Yorkers.
“Expanding the DNA Databank will protect New Yorkers and modernize our state’s criminal justice system,” Cuomo said. “This crucial crime fighting tool embraces technology to help convict the guilty and exonerate the innocent. I thank the district attorneys, sheriffs, chiefs and advocacy groups for their hard work and hope that the legislature takes note of the near universal support for this issue.”
“Expanding the DNA Databank will not just solve and prevent crime, it will help protect other families from the pain my family has suffered over the past decade-pain no parent should ever be forced to suffer,” said a mother of a rape survivor. “I urge the State Legislature to do the right thing and pass this expansion. I thank the Governor for advocating for this bill and for his commitment to keeping all New Yorkers safe.”
State law permits DNA to be collected from 48 percent of offenders convicted of a Penal Law crime. Currently, only those convicted of a felony or one of 36 misdemeanors under the Penal Law must provide a DNA sample.
The governor’s proposal would require DNA samples to be collected from anyone convicted of all remaining Penal Law misdemeanors and any felony in any state law, not just felonies under the Penal Law. That includes such crimes as felony driving while intoxicated under the Vehicle and Traffic Law, aggravated animal cruelty under the Agriculture and Markets Law, and prescription drug offenses under the Public Health Law would be covered under the law. The State Senate passed the DNA Databank Expansion Bill on Jan. 31.
The databank was created in 1996. Since that time, DNA evidence has helped prosecutors obtain nearly 2,900 convictions and helped exonerate 27 innocent New Yorkers.
The last expansion in 2006, which made some low-level misdemeanors DNA-eligible, resulted in the apprehension of hundreds of criminals. For example, DNA samples taken from individuals convicted of the misdemeanor crime of petit larceny have been linked to 998 crimes, including 53 murders, 223 sexual assaults, 123 robberies, and 427 burglaries.
DNA samples taken from individuals convicted of second-degree criminal trespass have been linked to 30 homicides, 111 sexual assaults and 123 burglaries, among other crimes.
The expansion of the DNA Databank has helped solve crimes such as the murders of three women in Yonkers that occurred over a sevenyear span from 1989 to 1996. The Yonkers Police Department’s Cold Case Unit and the Westchester County Department of Laboratories and Research worked the cases for years. Evidence was collected at each of the scenes, and the three murders were linked-the work of a serial killer.
A DNA profile from the crime scenes was entered into the Databank in 2002; seven years later, authorities in Westchester County were notified of a match after Francisco Acevedo, a serial DWI offender, was required to provide a DNA sample as a condition imposed at a parole hearing. That sample linked Acevedo to the unsolved murders, and in November 2011 a jury deliberated for less than five hours before finding him guilty of the three murders. He is now serving a prison sentence of 75 years to life for those crimes.
Taking a DNA sample is not an invasive process: convicted offenders rub the inside of their cheek with a swab. The New York State Police Forensic Investigation Center then converts that material into a numerical profile, unique to that offender. The profile is only used to match convicted offenders to evidence found at a crime scene, and link crimes that may involve the same perpetrator. The profile cannot be used for any other purpose because the DNA is extracted from locations on the strand that cannot identify the person’s race, appearance, health or behavior.
The New York State Police Forensic Investigation Center in Albany can process 10,000 DNA samples from convicted offenders a month. The governor’s proposed expansion will bring the monthly total to less than 7,000 and will not create a backlog.
If enacted, the governor’s proposal would take effect Oct. 1 and it would not be retroactive. In addition, the proposal would not apply to children involved in Family Court matters or to youthful offenders.
New York State has launched an interactive website as part of the governor’s campaign to keep residents informed about key state initiatives. For more information, visit www.NYGetInvolved.com.
Manhattan District Attorney Cyrus R. Vance Jr., incoming president of the New York State District Attorneys Association, said, “I am pleased that Governor Cuomo has made post-conviction DNA collection for all crimes a legislative priority this year. DNA testing is one of the most reliable and cost-effective tools that we have in law enforcement. Just last month, DNA technology enabled our Office to charge a man with the murder of a mother of nine, a case that went unsolved for 13 years. I urge our state lawmakers to expedite the passage of the All- Crimes DNA Bill, which will enable us to not only prosecute and but also prevent countless crimes. The time to act is now.”
Michael Polenberg and Susan Xenarios, co-chairs of the Downstate Coalition for Crime Victims, a consortium of more than 90 victim advocates, service providers, prosecutors and government agencies from New York City and the surrounding counties advocating for sensible legislation and sufficient resources for victims of crime, said, “On behalf of the Downstate Coalition for Crime Victims, we applaud the Governor for taking every possible step to protect New Yorkers from violent crime and abuse. Governor Cuomo’s proposal to expand the State’s DNA Databank is a common-sense measure that will keep communities across the State safe, and we call on the Assembly to pass this sound proposal into law.”
“At the Joyful Heart Foundation, we have witnessed the healing power that justice can bring to survivors of sexual violence,” added Mariska Hargitay, founder and president of the Joyful Heart Foundation, who also plays Det. Olivia Benson on NBC’s Law & Order: Special Victims Unit. “Expanding the DNA Databank to include samples from offenders convicted of all felony crimes and every Penal Law misdemeanor will ensure that more perpetrators are held accountable for their crimes, thousands of New Yorkers are spared the trauma of violence and survivors receive the justice they deserve. We urge the New York State Assembly to join the Senate and Governor Cuomo in the movement to use DNA to its fullest potential.”
