LOUISVILLE 1ST STOP ON 17TH CARAVANTO CATCH A KILLER TOUR

All be it stopped by downpours, I finally made it to Louisville, KY Monday. HAve contacted media and a few Senators about KY's DNA law. If you see me, come up to say hi, honk or wave. Please call your local media if you see us or even if you don't!!!! The more we get the word out, the more lives we can save through educating others how certain laws made it easier for Brittany's murder to happen.

HOPE, LIKE FOOD IS NEEDED TO LIVE, IS NEEDED TO SURVIVE THE LOSS OF A CHILD.........

Sunrise again meets my mourning as I begin to pack up and move on from New Orleans.


I try not to be sad and I fully iunderstand why all this occurs but it doesn't make it any easier to be alone on the road, alone when I am home and not be able to find a way to achieve this mostly on my own for the last 10 years.



At the same time, I will never be able to repay those few people who have been there again and again.
The greatest recharge comes from when I am on the road. It is people passing me on the road,showing thumbs up, who talk to me at rest stops, the reporters who do find our story compelling to their communities, you all are the ones who give me strength to go on.
 But heading towards the decade anniversary in under 3 weeks, being out on the road for almost a week and only 2 strories, no responses at all from the 40 emails sent to various media in both New Orleans and Baton Rogue (these same emails have given us 14-16 STORIES ON PAST CARAVANS.


At 10 years, the primary detective has retired, community media friends, who have followed us for years in Tulsa and Oklahoma City, as most reporters do, have moved on. My CARAVAN TO CATCH A KILLER tours have gone from 2 times a year to 1 time a year due to what I can afford.


The time out becomes more costly while getting fewer stories,




Trying to organize the balloon release at the Capitol on 10/4/14 the 10th anniversary. Trying to get volunteers for the "Walk with Brit on Rt 66; Diminish the risk--needing 4-5 days of drivers driving the WRAP behind me, other needs. So far the usual 2-3 say they will.


I have never been able to draw many and not sure why, haven't been able to raise a reward fund etc. It seems now even less volunteers to help with events. When I am around people, they seem to be compelled to help.......................then I stand alone.


But usually I vent like this and move on.... and that is what I am doing,


IF YOU SEE US ON THE ROAD...PLEASE HONK, TELL YOUR LOCAL NEWS YOU SAW US.
IF YOU KNOW HOW TO EMAIL, LET NATIONAL NEWS KNOW YOU SAW THIS. IF NATIONAL NEWS COULD SHARE THIS, I COULD STOP AT 103000 MILES.

WITH GRATITUDE FOR THOSE WHO DO ACKNOWLEDGE US!!

Handing it over

Am trying to hand it over. WHat will be will be . Sitting in a very friendly Nissan dealership in Sioux Falls SD. Have had alot of recognition in the city but no media responses yet. Of cpourse could be in shop over weekend which would kill me, spending money on hotel and unable to get exosure to the story. Part of me is angry, Yes angry. I really don't ask for alot. EVen cut CARAVAN TO CATCH A KILLER tours down to once a year. And now this. I don't ask for money and do most of this on my own funds, often going into debt. But thatis always OK when we are getting the story out and helping to save other lives. But god I haven't been out even a whole week and now the cost of hotels and this with the car feels so unfair. I know it isn't about being fair. It is just happens but this has affected so much.... and all that the transmission affected prior to the CARAVAN, as many know, I came to accept--that the cost of the transmission ate up the money I was to use for getting a place nearer to the new job so I wouldn't have to commute 4 hours a day,then when my son's car was totaled by someone who t-boned him, the cost of the transmission took away my ability to help him if he has to get a new car and it took away money from the CARAVAN. But I decided to find a way to fund it. Now that I am on it and not even a full week out my car is in the shop and I will soon find whether I can even drive it any more. Really.......god I am tired

NURSERY TALES

I MISS YOU.............................

LETTER TO MY DAUGHTER - YOUR LIFE IS NOT FORGOTTEN

 

I MISS YOU MY DANCING PONY PRINCESS......................

YOUR DARK EYES ALWAYS HELD THE DEPTH OF YOUR CARING FOR OTHERS. EYES FRAMED BY CURLS FALLING LIGHTLY BESIDE YOUR ANGEL SHAPED FACE.

YOU WERE AN ANGEL AMONG US, DESTINED TO GO SO FAR.......I WILL TAKE YOU AS FAR AS I CAN

FINDING MY BREATH IN ORDER TO KEEP ON

(more added most likely)

I just spent the last hour trying to get my computer to operate right. It still won't work without hiccups! Of course it decides to malfunction right after I decided to come to our website, and pledge to myself and Brittany that I will recharge, regroup, find some way finacially and emotionally to continue. I didn't want to do this"in public" on facebook (not wanting to look as if begging for support).  Here, some may find this blog, this specific one,  by chance, but it may also not be seen for days. Thus I feel good knowing I am not just speaking for an audience. I know I have to do this to get myself back on track on my ongoing mission of love and empathy to find Brittany's killer and to help protect other families from such devastating loss. I have to find some way to get back on track after such an emotional loss with our MILES OF TEARS POKER RUN as well as its' financial loss.

I am used to finacial losses, have learned to ride with them especially after Brittany's murder, especially because almost all of the 67000 miles of the 10 CARAVAN TO CATCH A KILLER tours were self funded. I have learned to roll with loss as each of my 3 other fund raising events over the last 4 years, have been hit with a car breakdown with its subsequent car rental, a disrupted ability to publicize, thus small turnouts, all which destroyed any fund raising. I have learned to live without a washer,a dryer, a hot water heater that stays working. I have learned to live without repairs to my house unless I can do it. In return I have been able to travel cross country telling Brittany's story, trying to save lives. And I am okay with this.

But my selfish mind begs "Why...what else do I have to experience after Brittany's murder...haven't I paid my dues?"

I would have been okay with a small turnout. I knew our MILES OF TEARS Poker Run, only in its 1st year, would probably not have a large crowd, probably wouldn't even make back the $500 or so I put into getting the word out, good prizes and treats.  BUT EVEN A SMALL CROWD, BY WORD OF MOUTH COULD  HELP BUILD THE REPUTATION OF WHAT THE RIDE COULD OFFER. We had great prizes, great raffle items and a small crowd would have lucked out with all the prize material.

What has been confusing to everyone who saw how much promotion we did, is that after 2 months of publicity--posters on the back of the car, posters and flyers at bike shops, gas stations, biker bars, news stories, etc; after great responses from people I met, Christine met, to have NO ONE SHOW WAS DEVASTATING.

It hurt my heart because it felt like after 8 years no one cared about Brittany story. It hurt my heart because it would limit my ability to go on a CARAVAN  in January.

ALL I CAN SAY RIGHT NOW IS I AM TRYING TO FIND A WAY BACK. THE HARDEST THING FOR ME TO ACCEPT IS THAT I REALLY DO SO MUCH OF THIS ALONE. THERE ARE A FEW LOYAL SUPPORTERS. I WOULD DIE WITHOUT THEM.  I CAN'T EXPECT OTHERS TO BE INVOLVED 24/7 BUT AFTER THE POKER RUN WEEKEND IT FELT LIKE ONLY OUR SMALL CIRCLE OF VOLUNTEERS WERE THE ONES WHO CARED-and all of them were related to Christine Badgwell, my friend and originator of the poker run idea.

I JUST WANT TO UNDERSTAND HOW THE FACE ABOVE DOEES NOT DRAW PEOPLE IN. WHAT AM I DOING TO TAKE AWAY FROM A FACE THAT WOULD BREAK YOUR HEART?

I HAVE LEARNED TO DO SO MUCH OF THIS ALONE BUT TIMES LIKE THE PAST WEEKEND OF HER ANNIVERSARY AND POKER RUN REALLY MAKE ME MISS NOT AT LEAST HAVING SOME ARMS TO CURL INTO AND SAY...."PLEASE TAKE OVER JUST FOR A FEW MOMENTS"

I am sorry Britty. 8 years with a marker like this have knocked the wind out. I will get my breath back soon.

SOS SOS OCTOBER 6 MILES OF TEARS POKER RUN NEEDS YOUR HELP

SOS SOS SOS We thought we had a venue at the end of the Oct 6 Miles of Tears Poker Run but it has fallen through. We are still hoping for the band (s) but we are in need of a space----a filed, parking lot, stage, park, even a yard, somewhere that (hopefully) motorcycles and cars can park. We are still looking for volunteers to help with registration, card stops (for poker hand) and at the end for raffle food etc. Looking for more food donations or money to help with food costs. IF YOU KNEW BRITTANY OR HEARD OUR STORY OR WITH THE PASSING OF THE DAY OF REMEMBERANCE FOR HOMICIDE VICTIMS, THIS IS A CHNACE TO HELP. IF NOTHING ELSE DONATE YOUR TIME BY HELPING DAY OF EVENT OR HELPING US PULL THIS TOGETHER Contact me Maggie at 918 629-2317 or therapoet@aol.com
  We do have paypal on this website
You can also visit www.facebook.com/mom.missing.brittany

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!!!!!!!!!!!!!!!!!!!!!!!!!!!

Northeasterners you warm my heart!!!

I am in awe, deeply hubled, warmed, feel supported with all the contacts thta have come from the Yahoo website.New England Cable News NECN tends to be quality reporting, He said Tahoo has picked up many of their stories because they report on what people can identify with. I told Jack if keeps this up I could faint! 1st I get a story in a city I didnt get the last time I was there, Then it is with a News Service that is boradcast in 7? states AND THEN it gets picked up by Yahoo. Geeze Louis. What an extended gift. Then the 1st of being pulled to the side of the road for a donation, someone seeing me driving in to a town and trying to find a way to contact me before I even get to hotelOf course that just confirms I should be doing this 24/7. Then there are these new contacts..... I hope people know how much this contact means to me

ONLY IN VERMONT

10 miles from Burlington, a couple reconfirmed why I do this mission. Circling down the mountain on I-89, I looked over at a car I was passing and a man was waving something, (like money) in his hand and motioning over to the side of the road. I stopped, a woman jumped out the car, said. "We just looked you up on line. We have 19 yr old son (like Brit) who we are going to pick up in Champlain and it touched our heart, so we want to help",she gave me $20, a hug and they drove off. I started crying the minute they left, once again touched by peoples support. It also reminded me of Burlington/Vermont I knew years ago as I attended Goddard College for a year. Only in Vermont!!

PORTLAND MAINE YOU HAVE A PLACE IN MY HEART

Everyone has been so warm and welcoming here, amid the rain showers and the cold wind. Thank you to all those who took time to hear Brittany's story, to give a hug. These are the things that keep me doing this!!!!And to Reporter Caroline Cornish and her photographer(so bad at remembering names). They made me feel comfortable and stood out in the cold wind even longer than I did. I am forever grateful. The gift of a story in each city touches my heart.

Crimeline With Jon Leiberman-4/17 4pm Brittany Phillips Murder

10TH CARAVAN GETS A BOOST AND WILL START 4/10/12

Friday I feared last Sept's CARAVAN could have been the last. I hoped a small loan would go thru. It should have but a mistake in the credit file nicked it. The reporting credit agencies will make changes but it will take a month. I feared I couldn't get on the road with funds at the level they are and knew work would not let me off for a long time if I had to wait. 4 yrs I've tried doing this on just my money, not take handouts, not beg. But I knew I had to do something with our our 7.5 year on-the case detetctive retiring, the best suspect after 6 weeks not matching our DNA profile, it felt necessary I get out, help generate tips, get movement on the new detective's first months. (He'll be good I think) .

Well people touched my heart the minute I put the call out. I NOW CAN SAY THE 10TH CARAVAN STARTS TUESDAY. I knew many miss Britty,want to help but I knew money was tight. Even so, I asked people to go to our website to do our paypal. I noted, if 3-4 people donated $1., that would be a tank of gas. SOME PEOPLE WENT THERE BUT DONATED MORE THAN 1$.. I also tried to get creative. I said I'd work for donations. NO TAKERS ON THAT YET. I said I'd come to houses and wash cars for a donation... CARAVAN TO CATCH A KILLER CAR CLEAN!!!!!!!!!!!!!!! I would come to houses to get quarters.....hey I got it!!! CARAVAN TO CATCH A KILLER COLLECT THE QUARTERS!!! I will go to OKC, Tulsa, Muskogee. I plan to leave Tuesday. I AM STILL WILLING TO WORK With gratitude Maggie

Brittany Phillips I find on days I feel the sadness of Brittany's loss, I am reminded of the beauty that has rode beside the loss for almost all of the 7.5 years. The many gifts I've received on this path covered with echoes of loss, the people I am touched by with their kindness and generousity, strangers in parking lots, new friends found on the road and in Tulsa, OKC and other towns in Oklahoma, the generous hug...s, conversation, well wishes, all touch me at my hearts depth. Sitting at Paneras with the H's today, (I would have never met if not for my CARAVAN car) made me realize this as I knew we were creating a lifelong friendship. Then out of the blue I received a notice of a donation which had me in tears. I had received another earlier this week which did the same. JP--yours surprised me. I have such gratitude for your kindness (of course I knew you'd be a "special" person") You struggle as much as I do to make ends meet. But I love ya for it!!! JF and JF, I do not know what to do with you!!!! You all have made these 7.5 years tolerable, liveable----emotional support, patience (!!:) ), the investment of your caring and concern, how you made us (Britty, Josh and I) feel like family......... there was no need to give what you did. But I know you did it with a spiritual caring. I love you all, including the ones who now have better access to the one who never rests! Thank you all. I am on the road beginning Tuesday!!!!!

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.

CALL FOR BRITTANY

Decided to stay over in Nashville--with heavy winds and possible snow--my car will float all over the road.

PLEASE HELP

This gives me one more day for a story here in Nashville and also to see if National gets interested. Nashville has been in the forefront of changing many DNA laws, making the process more efficient and pushing for victim's rights. That being said, I am asking, pleading for anyone, everyone who has a minute, to send an email, fax something, call any of the national news, say "do you know about the mom who has travelled 54000 mile over last 4 years trying to help find her daughter's killer and change laws to save other parents from such horror?" May describe how I am cutting this one short because of funds because they have all been self funded. National, when interested seems to be only when I am on the road. I can provide emails I have and phone numbers. You can also do a search on the web. All I have is today and 10 hrs on road tomorrow. If you ever have asked what can I do, do this. Please. It doesn't cost anything but a few moments. therapoet@aol.com

To all parents, loved ones of those viciously, inhumanely taken from physical parts of our lives, I pray for ongoing strength in this New Year. I hope you hear, if you haven't yet, the chorus they sing together for us; beside us, above us as we take the steps we do each day. I hope you feel them dancing with us, making us stronger.

Life is but a momentary touch
found when taking a chance,
chanced steps through love’s
door that births lifelong dances.
We dance the back and forth
of gift and loss, of pain and joy
done to an opus of exuberant choruses.
And even if, within a moment’s notice the music stops,
dark fear is short lived that dances will end.
We soon dance stronger and longer
to ethereal music begun,
because of that time together.
12/31/30 MZ
With gratitude for all the kindness shared, with hope for continued strength..... Maggie Zingman Mother of Brittany Phillips 10-4-85 to 10-4-04

Will 9th CARAVAN TO CATCH A KILLER BE LAST?

Ah well...no responses from NYC/national media/nor from anyone who, (from my suggestions), followed up my national queries with their emails nor ideas about other media. If I didn't ask, I would never know if someone might know something. Guess will head home late wed or early Thursday. Someone said try sleeping in Wal-Mart parking lot. Could work for not having money and exposure. Although proud ...that I have done most of the 9 CARAVAN TO CATCH A KILLER- TOURS on my own funds (35-$45000) with my single limited income that goes to bills, crises like water heaters and broken cars and a little to son, by not eating out, nor going to movies, doing only what is free, travelling is just caravans no vacations, at the same time there is an ache in my heart that I can’t afford things or can’t raise interest in others helping raise funds for things like profilers, cards to be handed out in prison, reward funds, all which would help solve Brit’s murder. Sadly many of the unsolved murders are about lower andlower middle income families who justy don’t have resources or time to add to their investigation. I guess that is why I designed Brittany’s Bridge, trying to gather as many of the unsolved homicides as I can and get people to share the compiled and hopefully growing lists with their own PDS. Please keep spreading the word. I would really appreciate it if anyone wants to explain toe if any of these ideas are offensive or come across wrong

Please don't forget to spread the word about Brittany's Bridge. I am seeking out unsolved homicide survivor families and friends to contact me with whatever information they can share on their case. This will begin the foundation of a national network of all of these cases. Initially, in small numbers, we will exchange our stories with each other and share other unsolved homicides with the local P...D. I will create the MAster list. All you will be asked to do, is give the list to your detective or local PD. If you don't have anyone to give it to or feel uncomfortable, I will create a connection. I have walked into many PD's across the US and had conversations with their sargents etc. Just think if the group gets large enough, think of the network of information that will be shared. You won't need a CARAVAN to get the word out. Please share with all friends and contacts on your email, on your website, etc. I can be contacted at therapoet@aol.com or you can call at 9186292317

Dateline, 48 hours, The First 48, all always do such great investigative shows. Please anyone who agrees, write them about the need beyond the important jobs issues, the missing and abducted, the across the ocean murders, please do a story about all the unsolved homicides that dot our nation that I have heard about on my 53000+ mile mission of CARAVAN TO CATCH A KILLER. Visit facebook.com//mom.missing.brittany and brittanyphillipsmurder.net

9TH CARAVAN TO CATCH A KILLER-PART ONE

The Ninth CARAVAN TO CATCH A KILLER-PART ONE has begun. Memphis was unbelievable. Bofta Yiman, the Fox reporter and her photog spent a few hours with me. They aired our story at 5 and 9 that night and the morning show intro'd and aired it in different ways at least 4 times. People in the community let me know they saw it and were moved. Moved hopefully to look at the DNA at Arrest laws and rape laws and statutes.
Why is it that every time we finally catch a killer of a young woman, his DNA matches backwards over 10-15 years and multiple victims (I have many case examples of this). This often occurs for a few reasons. We find that these predators have been arrested but rapists often aren't convicted because the defense lawyers still, even in the modern world, develop some doubt with juries that somehow the victim's behaviors contributed to it. Yet rape has been proven to be a violent act that only uses the sexual act as a tool of violence.And judges and lawmakers can have these unsupported beliefs. Thus they don't even get convicted and are free to rape again and if their state doesn't take DNA at arrest, there is no record, no way to match his DNA to the crimes. It remains unidentified. And if they get convicted many judges will give them minimal sentences so they are often let out before their DNA even gets up into the system.

Have a story with Knoxville tomorrow and then a story in the afternoon in Roanoke!!!. Then to NYC. If anyone knows media there it is a hard nut to crack!!