BUFFALO, YOU WILL ALWAYS HAVE A PLACE IN MY HEART

Unbelievable story in Buffalo. Angela and her photog did such a great story!!! How kind to share this story amid all the losses that are occuring with Harvey. My heart goes out to all those victims. Losses affect all of us in so many ways. Please any homicide families who see this story, connect with us.

15TH CARAVAN TOUR--AT 152000 MILES/46/STATES/152 STORIES--1 WEEK/1 STORY HELP US GET COVERAGE

On the road about 5. Great story in Evansville. People great honking, giving thumbs up. People in Louisville, Lexington and Frankfort great also but no media response from emails

MY HEART IS TOUCHED AND FILLED WITH GRATITUDE FOR THE TWIN CITIES

Post by Brittany Phillips.

Crimewire Story...WHAT A GIFT!!

Kim is unbelievable. SHe just conducted an hour long interview on her talk radio show. She has such passion and dedication. She will forever have a place in my heart!!!!! Please let her know what you think and share this with everyone!!!

Listen to internet radio with Inside Lenz Network on BlogTalkRadio

NEEDING A GUARDIAN ANGEL TO HELP ME BREATHE THROUGH THIS

Survived this past Tuesday,in 100 degree heat, after car broke down on highway and I waited 2 hrs for towing---as all sped by at 80mph. Survived last 4 days stuck at house with 106 degree heat making it hard to walk anywhere, survived finding out my CVT Nissan Transmission is gone, must be replaced...total prob $3500+. I'll survive not getting a car rental for a week cause too damn expensive. I have accepted the path after Britty's murder is done w/o someone in my life and that I don't have nor can seem to raise money for a foundation in her name.

What is hardest to take is that what little I can afford to do for Britty, often right before I do it (like a fund raiser event, another CARAVAN) something big like having to replace a transmission on a relatively young car that has a CVT transmission which is just starting to show problems in cars that are older than 2-3 years, occurs and puts me so in debt that the one little thing I am able to do in honor of her, gets affected.

So it is hard to accept that the 11th (prob last) CARAVAN (using what little money I have) is now being impacted by the transmission expense and having not been done in over a year, now because of this cost, may not be able to do for another year.

CARAVANs are not just for Brittany. They are also for me. It is the one time a year I focus on Britty's murder mystery, share facts across US ; the only time it really gets national. I get so many emotional gifts from people while on the road, that it makes coming back to things like the job I have had since her murder easier. Things have been done at work that people say I should sue about but I can't waste energy on that. I have a new job that I will hopefully be going to yet vicious attacks made in secret by a few very sick people who work in the Mental health field have taken their toll as I clear my name each time they do these secret attempts.  I just need to be back on the road a bit to remind me of the general kindness of people.

 It hurts my heart each time I think of now having to wait another year--will make 2 years to do a CARAVAN...I am her voice...Those who know our history know how hard I fight and also how hard things seem to keep hitting... Don't know.. it makes it hard, for a bit, to breathe. ... Of course I will get past it...because I can't change what is. But I try so hard to pay it forward, to do things for others, to do this mostly on my own funding. And it seems (even though I know it is just bad timing) that each time I really need something like being able to do the CARAVAN, then I get hit with something so big like a transmission breakdown that I can do nothing but roll with the punches.  I am tired but I won't give up. I know I just have to accept this solitary road (having sat home 4 days and even after asking for help to get out a bit or to a store (in small country town not near transportation) , there has been little assistance. I am a kind person who rarely asks for help so not sure what keeps people away

UNBELIEVABLE HEROES OF CHRIST UNITED METHODIST CHURCH YOUTH GROUP-PLANO TEXAS

Amid the flush of great 1st responders to help with rebuild of May 19. 20th and 31st tornado ravaged Oklahoma, there is also a quiet influx of people this week (June 16-22) actually 170 mostly young kids (Freshman, Juniors, Sophmores, Seniors in highschool) helping those struggling, at times, with the ravages of life (in Oklahoma).
(I WILL POST PICS AS SOON AS I CAN UPLOAD THEM
They arrived Saturday and Sunday and began setting up shop in Chandler, OK to get ready to spread out all across Lincoln County. This young youth group, from Christ United Methodist Church in Plano Texas, not only raised money for all the home renovation supplies, but for the van rentals to get them to Oklahoma, the gas, any and all expenses. They gave up summer jobs etc to do this in late June. My group looks like the Oklahoma wind would blow them off the scafolding but they seem to have both endless strength and energy. /> I've seen wood in front of houses, paint buckets etc. and they will fix roofs, paint houses, including a very peeling house (mine-the Chandler similar church already powerwashed it), build porches, gardens, everything imaginable.


I am still in awe that someone submitted my house. I really tried to get them to give my work to tornado victims but they said they already have teams focused there.

Although it is a church youth group, they are focused on sharing humanity. These kids are true heroes. They are out of the public eye, helping those affected by life. Chandler is more low income or struggling families than not. I work and don't put myself in that category but there are many things (due to daughter's murder and my CARAVAN TO CATCH A KILLER tours) that I can't afford. I would never be able to paint my house if someone hadn't submitted my name to them. Christ United Methodist Church Youth group, their leaders, Pastor Carson and his group, all have a place near my heart forever

A National Voice after soooo many years

The link below (copy and paste in search) is the main site for Jane Velez-Mictchel's Most Wanted Program

http://www.hlntv.com/article/2012/06/20/jvm-most-wanted-how-you-can-help


As noted previously, the gift of having a national news voice (beyond the 106 reporters stories I was graciously given as I travelled 67,000 miles across 46 states over the lastin 4 1/2 years at a cost of more than $50-60000), was given to us by Jon Leiberman connecting us to Nancy Velez-Mitchel's Most Wanted. This gift can never be repaid. This new program will help so many people as each story is told. Please remember to read about Brittany's Bridge and tell people about our clearing house for cold and unsolved homicides. You can also email me at therapoet@aol.com or call 9186292317 for information on this or anything else

AFTER ALL THESE YEARS..THE GIFT OF NATIONAL NEWS

I will write more tomorrow and post the HLN story. Leave it to say I am still pinching myself. After 7 years, 8 months since Brittany's murder, 3 years, 8 months since I started the CARAVAN TO CATCH A KILLER  tours, we had an national network interview on Headline News (HLN) Jane Velez Mitchel Most Wanted show. It was with the magic of kindness of heart connections with Kenny J,who connected us to Jon Leiberman (who interviewed us in May on Crimeline) and Jon's kindness of heart, connecting us with this JVM, and Jane's kindness of ehart to do our story, that Brittany's voice was heard. Yes after covering 67000 miles across 46 states where 106 reporters have so kindly shared Brittany's story to both help us get tips and also educate people about the problems with DNA and rape laws (and I would never , ever trade those local stories) after all those hours and dollars I spent on the road, JVM's show gave us the breadth of coverage across the US that I did not have enough money or years left to do!!! I hope we can keep the national momentum. I am forever in gratitude to all those that helped me make this connection--basically everyone I have met since I started the CARAVANs!!!!!!!!!!!!!!!!!!!!!!!!!!!

LAST FEW MILES.......................

Well I am in Louisville now. First thank you all for the gifts of hugs, prayers, well wishes, smiles thumbs up, donations. I will most likely be home Sunday eve.
It has been a hard road since I left the Northeast. And sadly I think my bank let me know I hit the red two days from home. It would have been a lot sooner without all the donations!!!

I went up to Erie Penn, after Hartford was silent, then Erie was silent, so went to Winston Salem....silly me forgot John E was on trial there for a mistress when he was running for resident...........................That was a week of staying a day longer at hotels hoping a story would come.

 Hit Augusta and they did a great story. Then drove to Orlando and St Pete. SAW JOSH!!!! He looks great, seems happy and keeps advancing at Apple and with his company. Hoped for a mother's day story in St. Pete where Brit was born and where she had been only 4 months prior to her murder. Stayed  long there but no story. Went to Macon and they did a great story. I will post it. Then hit Huntington WV, an area I really had not covered and 3 days no story.

Now in Louisville, THE LAST CITY  I have money to get home but overdraft charges will double every withdrawel so need to get home before all is gone.

Only in Louisvile since last eve. I hope this last city gives us a final story. My heart is breaking heading home, It would break a little less to have a closure story. Brit lived her for 2 years , visited my parents alot. She was on buses and in the airport during the 1991 United Way Campaign!!!

Thank you everyone who have made this trip what it was-- in its gifts the waves on the road, those at rest stops who hugged, shared a tear, the people donating on line, the people who emailed me that they saw me when they could have just gone on, ideas that were sent, tips and so much more!

Some of you apologized because your donations were small (in your mind) but they all helped me get to 2 days before home before my money went into the red. It would have happened much sooner without. You all have a place in my heart for everything you all did.   with love and caring Maggie-Brittany and Joshua's mom

BOSTON YOU ARE GREAT!!!!! THANKS CBS!

Heading into Boston just a bit before noon. Thanks all who have visited our webpage, have honked as we drive around. Thansk to all the individuals who talked to us in front of the camera or who just talked to me as they passed by. Those hugs are what keps me going!!!! We had an absolutely unbelievable story fom CBS Boston. Reporter Beth Germano and her photographer (forgot his name!!) basically waited all day for us to fight traffic jam after traffic jam after traffic jam from NYC to Boston. Then they were working on a very tight deadline for the 11 pm news as we filmed way into the dark. Yet the story looked like it had been worked on for days!!!!

Just looked at stats from just yesterday and today. This morning more than 250 views. Yesterday eve either due to the drive (yeah right) or the 11pm news over 100 views--AT !!#) pm! Days like this warm my heart so. We filmed in HArvard square and all the young people I was able to talk to was so important. Don't know how long I can stay out but days like the last 3-5 make me want to be out for weeks on end Thanks Brittany

YOUR DONATIONS REALLY TOUCHED MY HEART

Sorry I keep repeating myself, but I go to paypal, see another $1, 5,10,20 that someone slipped in. It really is not about the amount but that someone took the time to do it, like the lady in Missouri who saw my car on a highway as I passed through and took the time to text me. I think I may post my number more often. Sometimes I am not online all day when I am doing CARAVANs--talking to community members, police, etc. This way people in that city could contact me while I am still in that city.

Made it to Washington DC. Will be here until Sat afternoon. Doing some professional training but also seeking media through email queries. Only tried DC once but it is a bit harder nut to crack than some other cities. If anyone knows any media here.... here is my number 9186292317.
Well need to go pour coffee in my veins and brain

DNA AT ARREST-EDUCATE YOURSELF FIRST BEFORE YOU DECIDE

DNA AT
ARREST
LOWERS THE NUMBER OF COLD/UNSOLVED CRIMES
LOWERS THE NUMBER OF REPEAT OFFENDERS
LOWERS POLICE DEPARTMENT COSTS.
MOST IMPORTANTLY
DNA
AT AREST LOWERS
NUMBER OF VIOLENT CRIMES
IT SAVES LIVES!

25 STATES HAVE PASSED SOME FORM OF DNA AT ARREST LAWS
Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Illinois, Florida, Kansas, Louisiana, Maryland, Michigan, Minnesota, Missouri,
New Jersey, New Mexico, North Carolina, North Dakota, Ohio, South Carolina, South
Dakota, Tennessee, Texas, Utah, Virginia, Vermont

*_BI is State’s Bureau of Investigation*

(please pardon the need for more editing/wanted this to be online when media stories occured)
STATE // YEAR OF LAW PASSAGE// NUMBER OF HITS// REPORTED BY
1) Tennessee 2007 115 HITS TBI
2) New Mexico 2007 160 HITS

3) Maryland 2011 (Dec) 174 HITS
4) Virginia 2003 483HITS DFS
5) Ohio 2011 (July) 132 HITS OBI

*DNA taken the 1st time someone is arrested for a Felony Offense allows their DNA to be in a database. Then, if and only if, they leave DNA at their next crime scene, we can identify the guilty party relatively quickly.With violent offenders, this stops them at a low number of victims.

* DNA taken at conviction and then put into the DNA database is more about solving old crimes rather than stopping new ones. Violent offenders, when finally convicted, and their DNA is put into a national database are matched to multiple cold and unsolved crimes from 5-20 years in the past, where that DNA sat years without a match and the vioent offender kept on doing violence. THESE CRIMES COULD HAVE BEEN PREVENTED IF DNA HAD BEEN TAKEN THE FIRST TIME THEY WERE ARRESTED.

The DNA Profile: YOUR PHYSICAL DNA IS NOT SENT TO THE NATIONAL DATABASE

A FORM WITH CODED NUMBERS IS SENT TO CODIS THE NATIONAL DATABASE--NOT YOUR HYSICAL DNA

JUST LIKE THE EXAMPLE BELOW----
Lab XYZ
0012152 (case number)
06,09,11,12,10,10,22,24,9.3,10,08,09, (2 lines represent loci/factors specific to your DNA)
14,14,15,17,17,22,25,12,12,9,10,09,13
kzzz-The Analyst’s initials

The DNA profile is uploaded into CODIS, our national DNA database, without even a
name attached to it, only a case ID number, the lab’s name, and the analyst’s initials.

IT IS NOT YOUR TOTAL DNA SAMPLE THAT IS USED BY LAW ENFORCEMENT
Regions of DNA that are used for forensic analysis are usually not genes, but rather are located in those parts of the chromosomes without known functions, or if part of a gene, not in the part that produces a detectable effect (MEANING IT DOES NOT INCLUDE DNA LOCI THAT WOULD SAY YOU ARE PRONE TO DISEASES OR MENTAL ILLNESS OR EVEN TALL, SHORT, ETC- This was a primary reason for this choice has been to protect individual privacy.)(This means that these sections of the DNA do not carry the genetic codes. When a match occurs between an offender and DNA evidence collected from a crime, the law enforcement agency is notified and then, with a judge’s order, another DNA sample is taken from the identified suspect to verify the match. It is a big piece of the puzzle that can set law enforcement on the right track.
Law enforcement now has to build their case and find other evidence and witnesses. They have to determine if the suspect was even in the area of the crime. The suspect is still innocent, until proven guilty. Only a jury determines “guilty” Keep in mind that less than 6 % of our population is ever arrested for a felony. A DNA profile only identifies the suspect. People can change their
names, their appearance, even their sex. Their DNA is unique and does not change.

**Criminals tend to be repeat offenders, but don’t always get convicted, having their DNA
at Arrest increases the chances of conviction. Each conviction prevents and average of 7 to 8 future crimes.
* Kristine Crouch, Indiana CODIS Administrator of the Indiana State Police-- biological
crime scene evidence uploaded to CODIS leads to 40% of those searches yield a matching suspect. DNA at Arrest would increase the number of "Known Persons" in a DNA database thus increaseing matches National Institute of Justice to five communities (Los Angeles, Topeka, Denver, Phoenix and California's Orange County) to study the effectiveness of DNA forensics in
the investigation of property crimes. The project called The DNA Field Experiment: Cost-Effectiveness Analysis of the Use of DNA in the Investigation of High-Volume Crimes highlighted the importance of testing the DNA profile found at burglary scene because one burglar often commits many burglaries before being caught. A summary of the study can be found at Burglars Go Bust: The DNA Field Experiment

In November 2005, with NIJ funding, the Denver Burglary Project was started. Two years
into the project, nearly 100 prolific burglars were caught and convicted. As a result of the 100 convictions, the burglary rate in Denver dropped 26%

4TH AMENDMENT RIGHTS ARE NOT VIOLATED!!

**August 26, 2004, the appellate court overturned the lower court and ruled that the DNA Collection Act does not violate the Fourth Amendment. The court's opinion included: "The DNA
profile thus serves the purpose of increasing the efficiency and accuracy in identifying individuals within a certain class of convicted criminals. The purpose is akin to that of a fingerprint". State v. Raines 857 A.2d 19, 33 (Md. 2004).

PLEASE READ ALL THESE COURT CASES. LEARN WHY COURTS HAVE DECIDED THAT …..
DNA AT ARREST IS NOT A VIOLATION OF THE FOURTH AMENDMENT!!!
COURT CASES
(1)In the case U.S. v. Pool, the court decided the federal law that requires DNA to be taken from individuals charged with a federal felony didn’t violate defendant Jerry Pool’s constitutional rights. Pool was required to give a sample after being charged with possession of child pornography. Rep. Jay Neal, R-LaFayette, who sponsored the House bill that was used in place of
McKoon’s bill, said his legislation makes it easier for those who were arrested to get their records expunged if their charges are dropped or they are acquitted. U.S. Appeals Court: OK to check DNA of those arrested. A closely divided 3rd U.S. Circuit Court of Appeals has found that the collection of DNA samples from people arrested -- but not yet convicted -- of crimes is constitutional. The appeals court rejected U.S. District Judge David S. Cercone's 2009 order finding that law enforcement could not collect DNA from Ruben Mitchell, who faces a federal charge of attempting to possess and distribute five kilograms or more of cocaine. Judge Cercone had found that requiring pre-trial detainees to submit DNA samples, which is done under the DNA Analysis Backlog Elimination Act of 2000, violates the 4th Amendment's search and seizure rules.
In an 8-6 ruling, the circuit judges found that people who are arrested have "a diminished
expectation of privacy in their identities." Outweighing their privacy, they found, is the importance to law enforcement of correctly identifying people who are charged with crimes, determining their criminal history, potentially linking them to unsolved crimes and promptly ruling out involvement in a crime in cases in which the DNA does not match that found at the scene. "In sum, under the totality of the circumstances, given arrestees' and pretrial detainees' diminished expectations of privacy in their identities and the Government's legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and
does not violate the Fourth Amendment," Judge Fuentes wrote.
(2) Anderson v. Com, Virginia
Supreme Court, No. 062051, 9/14/07, the collection of DNA from an arrestee did not violate the Fourth Amendment and the statute authorizing this collection is constitutional. Anderson.PDF FOR
(3) In the Matter of the Welfare of: C.T.L., Minnesota Court of Appeals, A06-874, File No.
J4-05-52203, 10/10/06, the Minnesota DNA arrestee statute violates the Fourth Amendment. C.T.L..PDF AGAINST
(4)United States v. Pool,09-015-EJG-GGH, Eastern District of California, May 27, 2009, the
court upheld the constitutionality of DNA sample collection from all those arrested upon probable cause for the commission of a federal felony finding that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a requirement that the defendant undergo a mouth swab or blood test for the purposes of DNA analysis to be used for criminal law enforcement identification purposes. Pool.PDF affirmed in US v. Pool 9th Circuit CA No. 09-10303 9/14/10 Pool 9th C CA.pdf FOR
(5)US v. Mitchell, US Court of Appeals 3rd Circuit, No. 09-4718, July 25, 2011, the court upheld
the constitutionality of DNA sample collection from those arrested upon probable cause for the commission of a federal felony finding that arrestees have a diminished expectation of privacy in their identities, and DNA collection from arrestees serves important law enforcement interests, therefore such collection is reasonable and does not violate the Fourth Amendment. Mitchell.PDF FOR
(6)Haskell v. Brown, US District Court for the Northern District of California, C 09-04779CRB, 12/23/09, the court denied a motion to enjoin the enforcement of the California arrestee statute finding that the plaintiff was not likely to succeed in establishing that the statue violated the Fourth Amendment or Fourteenth Amendment. Haskell.pdf FOR
(7)U.S. v. Thomas, US District Court of Western District of New York, 10-CR-6172CJS,
2/14/11, the court found that the defendant’s status as an indicted person does not materially affect the analysis of the privacy right at stake in the collection of a DNA sample. The court ruled that the only privacy interest implicated by the Federal DNA Act is identity and the government’s interest in accurate and rapid identifications outweighs the defendant’s privacy interest in the collection and analysis of a DNA sample. Thomas.pdf FOR
(8)People v. Buza, California Court of Appeals, First District, A125542, 8/4/11, the court concluded that the California DNA Act, to the extent it requires felony arrestees to submit a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a warrant or even a judicial or grand jury determination of probable cause, unreasonably intrudes on such arrestees‘ expectation of privacy and is invalid under the Fourth Amendment. Buza.PDF FOR
(9)Coffey v. Superior Court, California CA Div. 5, No. A108693, 5/24/05 (A defendant convicted,
on a felony complaint, of an offense punishable as either a felony or misdemeanor may be compelled to give a DNA sample, and is not entitled to have information deleted from the state's DNA bank if the offense is eventually determined to be a misdemeanor.) coffey.PDF FOR
U.S. v. Kraklio, U.S. Court of Appeals, 8th CIRCUIT, No. 06-1369, 6/27/06, No Fourth
Amendment violation in the required DNA sampling of individuals on probation, parole or supervised release following federal criminal convictions. US v. Kraklio.pdf FOR
(10)U.S. v. Conley, U.S.Court of Appeals, 6th Circuit. No. 05-5900 7/7/06, (an order of the
district court requiring defendant to submit to blood sampling for DNA pursuant to 42 U.S.C. section 14135a, which was imposed as part of her sentence pursuant to a guilty plea to bank fraud, is affirmed over claims that: 1) the collection of her DNA violated the Fourth Amendment, as a search required some individualized suspicion of wrongdoing; 2) the DNA testing did not meet the requirements of the "special needs" doctrine; and 3) the search failed the "totality of the circumstances" test). U.S. v. Conley.PDF FOR
(11)Banks v. U.S., U.S. Court of Appeals, 10th Circuit. No. No. 06-5068 6/18/07, (the court
applied the totality-of-circumstances test in upholding the Federal DNA database statute). Banks et al v. US.PDF FOR
(12)U.S. v. Lujan, U.S. Court of Appeals, Ninth Circuit, No. 02-30237, Oct. 2, 2007, the court
upheld the DNA Analysis Backlog Elimination Act 42 U.S.C. §§14135-14135e rejecting claims it violated the 4th Amendment, the Ex Post Facto Clause, that is was an unconstitutional bill of
attainder, and contravened the separation of powers. Lujan.PDF FOR
(13)U.S. v. Kriesel, U.S. Court of Appeals, Ninth Circuit, No. 06-30110, 11/29/07, the court
upheld the “Justice for All Act” of 2004 which amended 42 U.S.C. §§14135-14135e rejecting claims it violated the 4th Amendment. Kriesel.PDF FOR
(14)U.S. v. Amerson, U.S. Court of Appeals, Second Circuit, Nos. 05-1423 and 05-1063, 4/4/07,
the court upheld the constitutionality of “Justice for All Act” of
2004 rejecting the claim that it violates the 4th Amendment Amerson.pdf FOR
(15)In the Matter of the Welfare of: C.T.L., Minnesota Court of Appeals, A06-874, File No.
J4-05-52203, 10/10/06, the Minnesota DNA arrestee statute violates the Fourth Amendment. C.T.L..PDF AGAINST
(16)Anderson v. Com, Virginia Supreme Court, No. 062051, 9/14/07, the collection of DNA from an arrestee did not violate the Fourth Amendment and the statute authorizing this collection is constitutional. Anderson.PDF FOR
(17)Good v. Superior Court of Humbolt County, California Court of Appeals, 1st District, Division
1, A117317, 1/16/08, requiring registering sex offenders to give a DNA sample for the database regardless of the date of their offense was constitutional. Good.PDF FOR
(18)R. v. Rodgers, Supreme Court of Canada, 2006 SCC 15, [2006] 1 S.C.R. 554 SCC 15, the court
upheld a Criminal Code provision and the 1998 DNA Identification Act[iii], allowing for retroactive DNA sampling of prisoners without notice. The court found that these offenders identity have become a matter of state interest and they have lost any reasonable expectation of privacy in their identifying information derived from DNA sampling in the same way as they have lost any expectation ofprivacy in their fingerprints, photograph or any other identifying
measure. Rodgers.PDF FOR
(19)Kaemmerling, v. Lappin and Mukasey, US Court of Appeals for the District of Columbia
Circuit, No. 07-5065, 12/30/08, the collection of DNA from a convicted felon for database purposes does not violate the ReligiousFreedom Restoration Act or the First, Fourth and Fifth Amendments of the Constitution. Kaemmerling.pdf Kaemmerling, v. Lappin andMukasey, US Court of Appeals for the District of Columbia Circuit, No. 07-5065, 12/30/08, the collection of DNA from a convicted felon for database purposes does not violate the Religious Freedom
Restoration Act or the First, Fourth and Fifth Amendments of the Constitution. Kaemmerling.pdf FOR

For more information on arrestee DNA database sampling see:

1. DNA Saves http://www.katieslaw.org/video.html
2. Chicago’s Study on Preventable Crimes - requiring DNA for Felony arrests can solve and prevent violent crimes. Waiting for conviction can cost lives, Study by the City of Chicago, 2005 Chicago Preventable Crimes-Final.pdf Arrestee law Chicago Study.wmv

3. Maryland Study on Preventable Crimes - Requiring DNA for qualifying arrests in the proposed legislation can solve and prevent violent crimes. Study by the Maryland Criminal Justice Information System, the Baltimore County Police Department and the Maryland State Police, 2008. MarylandDNAarresteestudy.pdf
4. Washington State Preventable Crime Study 2008. WA Preventable Crime.pdf
5. The FBI Rules for Arrestee and Detainee DNA Collection, Federal Register,
Vol. 73, No. 76, 4/18/08. the FBI final rule on arrestee and detainee
testing.pdf
6.Denver’s Study on Preventable Crimes - Requiring DNA for felony arrests can solve and prevent violent crimes. Waiting for conviction can cost lives and allows sexual predators to continue to rape victims, Study by the Denver District Attorney’s Office 2009. Denver's Preventable Crimes Study.pdf
7. Why Arrestee DNA Legislation Can Save Indianan Taxpayers Over $50 Million
Per Year, Siegel and Narveson, January 2009. Indiana Arrestee Legislation - Jan 13 2009.pdf
8. The Constitutionality of DNA Sampling on Arrest, DH Kaye 2000,

http://homepages.law.asu.edu/~kayed/pubs/genlaw/01-CJLPP-arrest.htm
9.DNA Saves: More states are finding collecting DNA upon arrest saves
lives, money and time, by Ronnie Garrett, Officer.com, February 2009
issue, http://www.officer.com/print/Law-Enforcement-Technology/DNA-saves/1$45826
10. Denver Katie’s Law News Story – McGee arrest - Channel 7 News 11/2/11

Argument For Taking DNA From Arrestees Criminals tend to be repeat offenders and numerous studies that have documented that the
taking of arrestee's DNA helps to reduce and avoid crime, especially homicides and rapes. For example, in a recent Indiana Study each conviction of an offender prevented an average of seven to eight future crimes. And according to an article published in the Michigan Law Review in 1991 (Vol. 89, 1991), "Bright Lines, Dark Deeds: Counting Convictions Under the Armed Career Criminal Act," by James E. Hooper, 70% of American crime is committed by just 6% of its criminals.
Virginia's Arrestee's Experience
On January 1, 2003, the state of Virginia was the first state to collect DNA from people who were arrested for certain violent and sex crimes. This law was passed under the condition that if the person arrested was later found to be innocent or if the charges were dropped, the arrestees' DNA
profile would automatically be destroyed and removed from Virginia DNA Database. The arrestee law has proven to be beneficial in catching repeat offenders. Between January 1, 2003 and December 31, 2009, a total of 559 hits to the Arrestee Database have been obtained. Eighty-nine of the hits were associated with sexual assault cases.
The Maryland Study
A study in Maryland, was performed in support of two bills, HB 370 and SB 211, to allow DNA to be taken from arrestees. The study was designed to examine the results of collecting DNA from felons arrested for crimes of violence and burglaries. The Maryland Study assessed the
criminal histories of three offenders and found that if DNA samples had been
required upon arrest, twenty crimes could have been prevented. These two bills were subsequently passed and as of January 1, 2009 DNA is being taken from arrestees.
The Denver Study
The Denver District Attorney's Office conducted a study that analyzed the criminal activities of five offenders. The analysis demonstrated that previously undetected crimes could have been prevented and/or solved had these offenders provided DNA upon their first arrest. The study concluded that the following crimes could have been prevented if DNA had been taken from just
these five arrestees: 3 Murders*18 Sexual Assaults*1 Attempted Sexual Assault*7 Kidnappings*4 Robberies*3 Felony Assault*11 Burglaries

On May 21st, 2009, Colorado's Katie's Law, SB 09-241, was signed into law by Governor Ritter. (To learn more about this law please click on State Representative Scott Tipton's website.)
The Chicago Study 2005, the city of Chicago, performed a study on the criminal
activities of eight repeat offenders over a 12-year period who were identified as being responsible for 60 violent crimes including 53 murders and rapes. By examining their criminal history it was concluded that these crimes could have been prevented if DNA had been treated as "the fingerprint of the 21st century." In each case, the offender had committed unsolved violent crimes
that could have been solved immediately through a DNA match. However, the taking of DNA for sex crimes or sexual assaults, at the time of the offense, was not required at arrest and the following preventable crimes occurred: 22 murders – victims ranging from 24 to 44 years of age
30 rapes – victims ranging from 15 to 65 years of age, Attempted rapes, Aggravated
kidnapping. These eight repeat offenders in Chicago accumulated a total of 21 felony arrests before finally being identified in violent crimes. Only seven of the prior felony arrests were for violent crimes – the remaining two-thirds were for non-violent felonies. However, in May 2009, even after this report was published, the Illinois legislature defeated a bill that would have mandated DNA collection from arrestees.
Washington
State – The Serial Rapist Example: On January 17, 2005, legislators introduced two bills (HB 1135 and SB 5165) to allow law enforcement to collect a DNA sample from people arrested for felonies. After hearing testimony against this legislation from the criminal defense bar and the American Civil Liberty Union (ACLU), the Washington State Legislature chose not to pass this public safety measure. In reaction to this, a study was published, "The Washington State Preventable
Crime Study", which focused on the criminal activities of one serial rapist whose crimes could have been prevented had these two bills been passed. During the summer and fall of 2005, a serial rapist named Anthony Casper Dias was able to go on a crime spree before he was identified and
arrested. On July 31, 2005, Dias was arrested for felony hit-and-run. No DNA was taken because there was no law that required it. Dias posted bond and was released from custody pending trial. One month later, on August 31, he raped a 19 year-old woman in her bedroom. DNA was collected from this rape, but the perpetrator could not be identified because there was no matching DNA in the DNA database. Dias continued with his crime spree that summer and raped a total of eight women and girls. He was finally arrested on November 8th, 2005, one day after raping two girls, aged 13 and 15, in their home. In September 2008, Dias was convicted of 20 felony counts and was sentenced to 227 years in prison. If authorities had been able to take Dias'
DNA after the hit-and-run in July 2005 it is very likely that most if not all of the subsequent rapes would not have occurred. In February 2009, a new House Bill, HB 1382, was introduced in
Washington to take DNA samples from persons arrested for felonies and other serious crimes.

The Indiana Study
In January 2009, a detailed study was published by Jay Siegel, Ph.D., Department Chair, Forensic and Investigative Science Analytical and Forensic Chemistry, IUPUI, and Susan D. Narveson, former Chief of the Investigative and Forensic Sciences Division of NIJ's Office of Science and
Technology, now Chief Operating Officer at Strand Analytical Laboratories, entitled "Why Arrestee DNA Legislation can save Indiana Taxpayers over $50 Million per Year."
This study found that collecting DNA from arrestees would significantly reduce the financial burden on taxpayers. It would also make Indiana a "safer society" and more attractive for businesses and people to move there. In January 2009, before adopting the DNA Arrestee law, Senate Bill 24, a Senate Judiciary Committee, listened to a representative from Strand Analytical Laboratories explain that it could "save Indiana almost $20 million a year in law enforcement and
judicial costs owing to the number of crimes being prevented, if the law is passed."
According to the study, criminals tend to be repeat offenders and each conviction prevents
and average of 7 to 8 future crimes, yielding a potential fiscal benefit of over $13,000 per conviction. By comparing arrestee's DNA to the DNA database of unknown assailants (biological evidence found at crime scenes) a hit may occur. Such a hit can help solve a crime and by doing so also become a crime prevention tool.

According to Kristine Crouch, Indiana CODIS Administrator of the Indiana State Police, when
biological crime scene evidence is uploaded to CODIS in search of potential leads,
40% of those searches yield a matching suspect. Increasing the number of "Known Persons" in a DNA database with DNA of arrestees will increase the number of crime-scene evidence
matches.

Conclusion Taking the DNA of arrestees can protect countless
innocent people by catching and convicting criminals early in their criminal
careers. In addition, it can save law enforcement and the justice system an
enormous amount of money and resources. If thousands of crimes can be avoided by
swabbing the cheek of those who are arrested, what is more important – the
right of an individual not to give DNA or the right of a society not to be
victimized? After all, law enforcement has been taking fingerprints from
arrestees for decades. Admittedly, DNA can provide more information than a
fingerprint, but if the appropriate protections are in place (i.e. purging the
database where arrestees are found innocent or where charges are dismissed)
this approach can provide law enforcement and the judicial system with a
powerful forensic tool to help protect society.