Los Angeles DNA Evidence Backlog: The Perfect Storm
According to a NPR report, a recent audit of the Los Angeles Police Department crime labs found that the department had missed legal deadlines to test DNA samples that were collected as evidence in over 200 rape cases. Police Chief Bill Bratton pointed to a lack of funding and manpower in the DNA lab as an explanation for the missed deadlines.
Bratton cited a $500,000 shortfall in federal funding and delays in hiring 16 new lab technicians which strained the crime lab’s ability to process DNA evidence. In the NPR interview, Bratton stated that processing DNA evidence is “extraordinarily labor-intensive…not CSI,” and that “there are just not enough people in the crime lab to do the work.”
That situation is not likely to improve soon. Beginning this year, 2009, the state of California will be required to collect DNA from all adults arrested—not charged—for a felony offense. This is an expansion of existing California law, which mandated the collection of DNA samples from adults arrested—not charged—for California felony sex offenses, murder or manslaughter.
As of October 2008, backlog of unprocessed DNA stood at 35,765. In October, the backlog of samples grew by over 4,000 although over 22,000 DNA samples were removed for various reasons. As the new mandated samples flood the crime labs, the DNA backlog is likely to increase at an unprecedented rate.
These are the elements of an evidentiary perfect storm: an ever expanding backlog of unprocessed DNA samples, insufficient manpower and funding, and pressure from politicians and the public to “do something” about crime. The potential for mistakes are greatly elevated. In cases where DNA evidence is used, the state must be carefully watched, and if needed challenged, so that mistakes and rushed investigations do not cause a miscarriage of justice.
If you have any questions retarding the use of DNA evidence in your case, contact the top Los Angeles criminal defense attorneys at Shouse and Associates.
