More than 40 members of the New York State Sheriff’s Association recently came together in Albany to support Gov. Andrew Cuomo’s proposal to expand the state’s DNA databank.
Sheriffs from across the state spoke out in favor of the proposal at an event held during the Association’s 78th annual Winter Training Conference at the Desmond Hotel in Albany on Wednesday, Jan. 25. The governor’s plan calls for an expansion of the databank and making it a requirement to have DNA collected from every person convicted of a felony or misdemeanor within the state.
“Every day we wait to expand the state’s DNA databank, another cold case goes unsolved, a person wrongly convicted sits in prison, and we risk one of our loved ones from falling victim to a crime that could have been prevented,” said New York’s Deputy Secretary for Public Safety Elizabeth Glazer.
She went on to explain that according to statistics provided by the state Division of Criminal Justice Services, there have been 2,700 new convictions using DNA samples and 27 New Yorkers have been exonerated since the database has been in operation.
The last time the database law was expanded was in 2006, to include mandatory DNA collection for those convicted of 36 misdemeanors along with all felonies.
Glazer said of DNA samples taken from individuals convicted of misdemeanor petit larceny since that time, 965 of those people have been linked to 407 burglaries, 222 sexual assaults, 117 robberies and 52 murders. Since the state began collecting DNA from convicted trespassers, Glazer said 103 sexual assault cases had been solved.
“We have a powerful tool that works, so let’s use it,” she said.
Albany County Sheriff Craig Apple said he applauds the governor’s effort because the database is a deterrent for criminals and increases the solvability of cases. It is also a method that has worked elsewhere.
Apple told of a burglary case several years ago where the suspect was convicted after leaving muddy footprints at the scene. Upon entering jail, he had a DNA sample taken, but when he was released committed another similar crime, this time wearing gloves and removing his shoes. When police arrived, he fled the scene without his shoes and police were able to swab the shoe for a DNA sample, leading to an arrest.
“We just want to keep people safe, that’s what we’re paid to do,” said Apple. “The more tools there are to help us do that, the better, and this is one of those tools.”
When asked if the database expansion is a violation of privacy, Apple said it is not because only those convicted of a crime will have a sample taken.
According to the data provided by Division of Criminal Justice Services, 34 percent of offenders linked to homicides and sexual assault cases in the database were first required to submit a sample for a lesser crime like drug charges or petit larceny.
Schenectady County Sheriff Dominic Dagostino said his department is also in support of the expansion.
“We acknowledge how important it is to utilize the science of DNA to its full potential, which in turn will help all of law enforcement solve more crimes and bring justice to crime victims,” he said.
All samples are taken in a non-invasive process by swabbing the check of a convicted offender.
The samples are then sent to the New York State Police Forensic Investigation Center for processing, where up to 10,000 samples can be processed in a month. The profile created using the sample can be used to match convicted offenders with evidence found at the scene of a crime. Also, crime lab personnel don’t have access to the names, photographs, or criminal history records that correspond to the DNA.
Apple said the new law has helped, since in previous years it could be years before police could find a DNA sample to link a suspect to a crime.
“Albany is a relatively small city, can you imagine how helpful this will be in a place with a much larger population like New York City?” he said. “We’re only trying to do what’s best for citizens.”
