DNA Backlog Reduction: Preventable Crimes

Example from California

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.

SIX PREVENTABLE RAPES

In the Alameda County area, a series of 12 sexual assaults occurred in 1997 over a two-month period, all of which were attributed to the same unidentified suspect. The offender wore a ski mask in all the attacks, often robbed his victims, and in many instances attacked two women on the same day. This rapist struck quickly and frequently—his first five detected attacks occurred over a period of 10 days. Due to the extremely violent nature of the offenses and other similarities linking the attacks, it is reasonable to expect that DNA analysis would be expedited in these cases, as is often done when a serial offender is at large in a community.

A latent fingerprint found at the scene of the 12th attack was linked to a former high school track and field coach who had an extensive criminal record. This individual was formally charged and convicted in 6 of the cases, and is currently serving a 59-year to life imprisonment sentence.

The perpetrator's criminal record included 21 prior arrests, most of which were felony charges ranging from murder to interfering with a police officer. Although most of the offenses occurred prior to the introduction of DNA databases, the man's last brush with justice was a 1993 parole violation for a 1989 felony burglary conviction; the offender was discovered to be in possession of weapons and spent another 16 months in prison.

Preventable Crime: DNA evidence from the first rape in 1997 could have been matched to the offender by the time of the sixth attack (occurring 11 days after the first attack) if the state had required DNA from all convicted felons—thereby preventing six rapes.

THREE PREVENTABLE RAPES

In 1998, a woman was raped in Ventura County. A DNA profile from the criminal evidence was uploaded to the DNA database, but no match was made. Two additional rapes that occurred four months apart in 2002 were subsequently matched to the 1998 case, and new testing of a 1993 case was also eventually linked to the same unknown offender.

The offender became a suspect in these crimes after being identified in another case. He provided a DNA sample that linked him to the four rapes. He is currently awaiting trial.

Preventable Crime: The suspected rapist had a prior conviction of felony drug possession in 1990. If the state statute had required DNA from all convicted felons, including felony drug possession, and if the 1993 rape case had been submitted for DNA testing in a timely manner, at least three rapes could have been prevented.

ONE PREVENTABLE ASSAULT

On an April evening 1997, an intruder entered a residence in the Berkeley area and sexually assaulted a woman in her bed while threatening her with a knife. Before burglarizing the house and fleeing the scene, the intruder bound the victim with duct tape and stockings and viciously beat her.

In a second incident in 1997, an intruder entered a residence in Berkeley and began to burglarize the house. A male resident awoke and a struggle ensued during which the resident was stabbed in the face and back. In a sweep of the neighborhood, police stopped a suspect who was eventually determined to be responsible for both attacks.

Preventable Crime: The offender had a prior record that included charges on 13 felonies. However, only six of these charges resulted in convictions and all six convictions were reduced to misdemeanors. Had California required DNA from criminals whose misdemeanor conviction arises from the same set of circumstances as a felony charge, at least one potentially deadly assault could have been prevented.

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.