DNA Backlog Reduction: Preventable Crimes

Example from Hawaii

DNA technology is evolving rapidly and many states are considering whether to expand DNA databases or invest in DNA casework investigations. In order to inform the discussion of these issues, NIJ commissioned an independent study to ascertain the size of and reasons for the nation's backlog of DNA evidence. The resulting report included the list of cases presented here. This list of cases is not exhaustive, does not identify the perpetrator or victim, and is not a reflection on the criminal justice agencies involved. These cases would remain unsolved if not for extraordinary detective work by dedicated criminal justice professionals in these agencies.

Case studies presented on this site are from an NIJ-funded independent study. Points of view or opinions in the resulting report are those of the authors and do not represent the official position or policies of the United States Department of Justice.

TWO PREVENTABLE SEXUAL ASSAULTS, TWO PREVENTABLE ASSAULTS

Over a period of two months in 1994, two women were sexually assaulted at knife point in parking garages in Honolulu. These two crimes occurred two weeks apart, so it is reasonable to assume that the case could have been prioritized and expedited DNA testing could have been conducted. More than a month later, a third attack was attempted, but the offender broke off the attack when a man nearby heard the victim's screams. The offender then chased after the man, but both the male and female were able to evade further contact with the offender.

Relying on latent fingerprints and victim identifications, police eventually arrested a suspect. During the course of the investigation that suspect was also linked to two unsolved home invasion sexual assaults. He pled guilty to 21 counts pursuant to a plea agreement, and ultimately was sentenced to 40 years in prison.

Preventable Crime: The criminal in question was a registered sex offender in Hawaii, but his sentence terms were completed prior to the establishment of a DNA database in Hawaii in 1992. As it turns out, the 1994 attacks coincided with dates when he was required to check in with his parole officer in the downtown area. Had Hawaii extended its DNA database to include all registered sex offenders, he could have been identified prior to the third attack.

Moreover, this individual's criminal record contains a kidnapping conviction for which he was paroled in 1994. If the state had required a DNA sample from persons incarcerated for kidnapping at the time of the DNA database establishment, at least two sexual assaults and two related attempted attacks could have been prevented. Hawaii is the only state that still does not require DNA from kidnapping convictions.

NIJ Funded Study

The cases are from National Forensic DNA Study Report and were developed using basic assumptions. For a full discussion on the review methodology that led to the conclusions presented here, see Section VI. "Forensic DNA and Crime Prevention." The report and case studies were prepared by Smith Alling Lane in partnership with Washington State University through the support of a grant awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice (Grant 2002-LT-BX-K 003). Points of view or opinions in this report are those of the authors and do not represent the official position or policies of the United States Department of Justice.