Maryland DNA Testing Expanded
As of the beginning of the New Year, mandatory DNA collection will be expanded in Maryland criminal cases, according to an Associated Press story released on wtop.com. Until January 1, 2009, Maryland officials routinely collected DNA samples from convicted felons. The new law dispenses with the conviction requirement and expands the types of crimes that will be subject to DNA collection. Now, Maryland officials will be able to obtain DNA samples from those merely facing violent crime charges or being charged with attempting to commit a violent crime.
The expanded Maryland DNA policy is legally troubling for many reasons. Both the ACLU and the NAACP strongly oppose the new regulations. These organizations highlighted their concerns in a letter to Terri Wilkin, DNA Relations Coordinator with the State Police. In their joint letter, the ACLU and NAACP underline concerns that the new laws will violate Fourth Amendment rights and could be used to discriminate against minorities. Also at issue is the potential for police officers to collect DNA samples at arrest before charging a person with a Maryland violent crime.
The ACLU is also concerned about DNA lab oversight. According to the Associated Press story, the Maryland regulations for laboratory oversight will not come online until late 2010. A December 2008 story from the Baltimore Examiner suggests that this oversight is needed now.
According to the story, the Innocence Project (a national group which seeks exoneration for the wrongfully imprisoned) has requested a review of the Baltimore police crime laboratory due to alleged mishandling of DNA evidence.
The Innocence Project’s call for an investigation stems from testimony given in August 2008 by crime lab technical DNA leader Rana Santos. Under oath, she revealed that DNA evidence handled by the lab had been contaminated by DNA material from staff members.
DNA evidence is a powerful tool for identification, but its power opens the possibility of misuse on the part of law enforcement officials, especially when DNA labs are not subject to close scrutiny. The new DNA evidence regulations in Maryland bear close watching from lawyers, advocacy groups and civil rights organizations to protect the rights of innocent citizens. If you are seeking legal advice or representation regarding the new DNA evidence regulations, then call Meng & Alpert toll free at 866-444-6363 to speak to one of our Maryland criminal defense lawyers about your case.
