Testimony of
Dr. Joseph A. DiZinno
Assistant Director, Laboratory
Division
Federal Bureau of Investigation
Before the
House Committee
on Government Reform,
September 22, 2006
Good morning Mr. Chairman, Congressman
Waxman, and members of the committee. I am
pleased to be here today to discuss the FBI’s
continued commitment to assist the Washington
, D.C. , Metropolitan Police Department (MPD)
in the development of their own forensic
laboratory assets.
During 2002-03, the FBI Laboratory initiated
discussions with the MPD to explore the development
of a memorandum of understanding between
both agencies regarding issues affecting
forensic case examinations. The FBI Laboratory
has historically provided laboratory testing
services to MPD, largely based upon the convenient
location of the laboratory within the District
of Columbia . However, at that time, the
FBI Laboratory was planning to re-locate
to a new facility in Quantico , Virginia
, approximately 45 miles south of Washington
, D.C. , which necessitated adjustments on
behalf of MPD.
More importantly, since September 11, 2001
, the mission of the FBI Laboratory has focused
primarily upon providing forensic services
to support counterterrorism and counterintelligence
investigations. The support to MPD investigations
can continue, but not at the priority level
previously received.
Since approximately 30 percent of all submissions
received by the DNA Analysis Unit I (DNAUI)
of the FBI Laboratory involve MPD investigations,
the FBI Laboratory recommended the formation
of an MPD Laboratory that would replace the
technical examinations currently being performed
by the DNAUI (specifically, serological examinations
for the detection human bodily fluids and
nuclear DNA testing).
During fiscal 2002, approximately 300 cases
were submitted by MPD to the FBI Laboratory
involving the disciplines of trace evidence
examinations and nuclear DNA testing. Based
upon this information, the FBI Laboratory
recommended that trace evidence and DNA examinations
be included in the proposed MPD laboratory.
As part of the MOU, the FBI would provide
MPD laboratory space, equipment, and supplies
to perform examinations within the FBI Laboratory.
This arrangement would also include comprehensive
training in the serology-DNA and trace-evidence
disciplines, at both the biologist/technician
and examiner levels. Additionally, laboratory
operational manuals, quality assurance procedures,
and all materials necessary to pursue laboratory
accreditation—within the scope of the
FBI Laboratory’s accreditation agency,
the American Association of Crime Laboratory
Directors/Laboratory Accreditation Board—would
be provided.
In the spring of 2004, the MOU was formally
agreed upon by both agencies and the FBI
Laboratory immediately implemented this initiative.
Based upon the fiscal 2002 workload submitted
by MPD to the FBI Laboratory, it was recommended
that three serology / DNA examination teams,
each consisting of one examiner and one biologist,
be established, as well as two trace evidence
examination teams, each consisting of one
examiner and one technician.
Narrative position descriptions, academic
and experience requirements, salary ranges,
and employment postings were provided by
the FBI Laboratory to MPD in April 2004.
The FBI Laboratory assisted in the advertisement,
recruitment, and interview process to select
prospective candidates from June to October
2004.
Current status of MPD Trace Evidence
Program
Two retired FBI trace evidence examiners
began working at the FBI Laboratory as part
of the MPD Laboratory, one in August 2004
and the other in September 2004. One MPD
trace evidence technician started at the
FBI Laboratory in March 2005 and was qualified
in June 2005. The second trace evidence technician
started training at the FBI Laboratory in
April 2005, but resigned before completing
her training in June 2005. A replacement
for this technician was hired by MPD in October
2005 and began training at the FBI Laboratory
in July 2006. This technician is expected
to be qualified by the end of September 2006.
Prior to reporting to the FBI Laboratory,
the three MPD trace evidence technicians
worked on a variety of projects at the MPD
facility at V Street, including file organization;
updating the MPD sexual assault database,
which included reviewing and capturing all
information in the files; assisting in the
development of a lab file system; and assisting
in the outsourcing of MPD DNA cases. Two
of these technicians are the two current
trace evidence technicians in this program.
Since reporting to the FBI Laboratory, the
two MPD trace evidence examiners have, in
addition to working cases, been involved
in the restructuring the MPD evidence program,
assisting and planning in the renovation
of building space, purchasing equipment for
a new laboratory, working with MPD personnel
office to define job descriptions, reviewing
applicants, and assisting in the outsourcing
of DNA cases.
For the two years prior to the establishment
of this program, the Trace Evidence Unit
of the FBI Laboratory received, on average,
162 MPD cases comprised of 1,993 specimens.
During that same time frame, the Trace Evidence
Unit of the FBI Laboratory completed, on
average, 162 cases comprised of 2,032 specimens.
These were completed, on average, in 130
calendar days.
On August 2, 2004 , the MPD Trace Evidence
Unit began working cases and was primarily
responsible for all MPD trace evidence cases.
For the year beginning on that date, the
MPD Trace Evidence Unit received 194 cases
comprised of 2,211 specimens, and closed
240 cases comprised of 2,504 specimens. These
cases were completed with an average turnaround
time of 72 days.
For the year beginning on August 2, 2005
, the MPD Trace Evidence Unit received 175
cases comprised of 1,418 specimens and closed
171 cases comprised of 1,504 specimens. These
cases were completed with an average turnaround
time of 50 days. The reduction in the number
of cases submitted to the laboratory was
due in part to MPD trace evidence personnel
being involved in the review of cases prior
to submission to the laboratory.
This also resulted in a reduced number of
cases being processed by the MPD Trace Evidence
Unit. However, due to the efforts of MPD
Trace Evidence Unit personnel, the number
of cases closed per year has increased and
the average turnaround time has decreased
dramatically.
MPD
Trace Evidence cases examined by FBI
Laboratory and MPD Laboratory Table
When you examine the impact of this program
on the FBI Laboratory's Trace Evidence Unit,
you see a remarkable change in the ability
to address non-MPD casework. For the same
two-year period prior to the inception of
the MPD Trace Evidence program, the FBI Laboratory’s
Trace Evidence Unit completed examinations
on 1,807 cases comprised of 11,926 specimens.
These were completed with an average turnaround
time of 115 days.
For the year beginning on August 2, 2004
, the FBI Laboratory’s Trace Evidence
Unit completed examinations on 1069 cases
comprised of 8,737 specimens. These were
completed with an average turnaround time
of 65 days. For the year beginning on August
2, 2005 , the FBI Laboratory’s Trace
Evidence Unit completed examinations on 918
cases comprised of 7,261 specimens. These
were completed with an average turnaround
time of 61 days.
Non-MPD
Trace Evidence cases examined by FBI
Laboratory Table
Over the past three years, the FBI Trace
Evidence Unit has dedicated $13,200 to support
forensic examinations by MPD trace evidence
personnel. In addition, four microscopes
were purchased for use by MPD personnel at
a cost of $18,000. The current case backlog
in the Trace Evidence Unit of the FBI Laboratory
consists of 51 MPD cases and 167 FBI cases.
Current status of MPD DNA Program
Two examiners and three biologists were
originally selected for the MPD DNA Laboratory.
An alternate candidate was also identified
for the biologist position. The MPD examiners
and biologists did not report immediately
to the FBI Laboratory—partially due
to the ongoing background clearance process
required for workers at the FBI Laboratory,
but primarily based upon MPD’s deployment
of these individuals for operational support
in Washington, D.C., where they performed
administrative and property inventory duties
under the direction of MPD.
Of the original biologists selected, one
resigned in February 2005 and was replaced
by an alternate candidate. In March 2005,
one MPD DNA examiner and the two of the three
DNA biologists reported to the DNAUI for
training. The remaining biologist continued
to perform administrative functions in Washington
, D.C. , at the direction of MPD. In summer
of 2005, this individual resigned.
The remaining MPD DNA Examiner did not report
to the FBI Laboratory for training, but at
the direction of MPD continued to perform
administrative functions in Washington D.C.
During the fall of 2005, MPD independently
selected a third DNA examiner, as well as
a third biologist. Neither individual reported
to the FBI Laboratory for training, but instead,
at the direction of MPD, performed administrative
functions in Washington D.C.
In September 2005, two DNA biologists successfully
completed serology training and began performing
casework examinations as part of DNAUI. The
scientists have gained one year of specialized
casework experience in this discipline and
have met all performance expectations. Both
DNA biologists are scheduled to begin DNA
training in October, with an anticipated
completion date in the spring of 2007. The
sole MPD DNA examiner in training at the
FBI Laboratory resigned in March 2006 before
completing the program. The two remaining
MPD DNA examiners, both functioning in Washington
D.C. , also resigned in this same timeframe.
The FBI Laboratory then assisted MPD in
the recruitment, interviews, and hiring of
two additional examiners in the spring of
2006. One examiner reported to MPD in July
2006. This examiner is scheduled to report
to the FBI Laboratory for training in October,
which is expected to last approximately one
year. The second examiner will report immediately
to the FBI Laboratory for training upon entry
to duty with MPD, scheduled for October.
Based upon the considerable experience of
this scientist, that training is expected
to last approximately six months.
The FBI will continue to assist MPD recruit
a third DNA examiner. The third MPD biologist
reported to the FBI Laboratory for training
in September. It is anticipated that serology
training will last two to four months. Following
six to 12 months of successful serology experience
on active casework, this individual will
receive DNA biologist training for approximately
four to six months. The overall training
approach is anticipated to produce two qualified
DNA examiners and three fully qualified DNA
biologists by October 2007.
Following two to three months of independent
casework, the MPD program will be expected
to submit its application to ASCLD/LAB for
accreditation. An external DNA audit may
also be scheduled in this timeframe to precede
the inspection. During the first quarter
of 2008, the MPD program could undergo and
potentially receive ASCLD/LAB accreditation.
At that time, the necessary requirement for
independent access to CODIS and the NDIS
may be satisfied. The MPD DNA program could
then be in a position to independently enter
and search DNA profiles by spring 2008.
The FBI Laboratory will continue to assist
the MPD program in the recruitment, hiring,
training, and ultimate qualification of two
more DNA examination teams (with two examiners
and two biologists) in this timeframe, potentially
achieving a staffing level of 10 DNA scientists.
Until the MPD can assume primary responsibility
for its DNA testing, the FBI, MPD and the
United States Attorney for the District of
Columbia have agreed to outsource MPD’s
DNA testing. The FBI would bear all of the
expenses and responsibilities for managing
the outsourcing of selected MPD cases. The
following summarizes the volume of cases
worked internally by the DNAUI and outsourced
externally over this time period:
- 2003: 194 cases received; 161 internal,
33 outsourced. 159 submissions reported.
- 2004: 287 cases received; 143 internal,
144 outsourced. 235 submissions reported.
- 2005: 255 cases received; 218 internal,
36 outsourced. 232 submissions reported.
- 2006 (through Aug. 31): 234 cases received;
229 internal, 5 outsourced. 55 submissions
reported.
The current case backlog in DNAU1 consists
of 329 MPD cases and 1,323 non-MPD cases.
The average turnaround time for a case in
DNAU1 has increased to almost one year on
a non-expedited case. In addition, the DNAU1
can no longer accept MPD 100-day hold cases
that are submitted with less than 70 days
remaining. From 2003 to the present, the
FBI Laboratory has spent $1.1 million on
the outsourcing contract for MPD cases.
Conclusion
Once again, I appreciate the opportunity
to come before you today and share the work
that the FBI Laboratory is doing in cooperation
with the Metropolitan Police Department to
address the need to support the development
of a dedicated MPD Laboratory. The FBI will
continue its efforts, and we will keep this
committee informed of our progress in protecting
the people of Washington, D.C. Mr. Chairman,
Mr. Waxman, and members of the Committee:
Thank you for your time and your continued
support of the FBI’s and MPD Laboratory's
continued efforts to address the timely analysis
of forensic evidence in our nation's capital.
I am happy to answer any questions.