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National Law Enforcement Summit on DNA Technology R O C E E D I N G S July 27 - 28, 2000 Ronald Reagan Building and International Trade Center Washington, D.C. 1 Contents National Law Enforcement Summit on DNA Technology R O C E E D I N G S ........................................... 1 Agenda ................................................................................................................................................ 3 DAY ONE INTRODUCTION .................................................................................................................... 8 DNA DATABASES: A POWERFUL TOOL FOR LAW ENFORCEMENT IN THE 21 ....................................... 36 WORKING LUNCH .............................................................................................................................. 74 EDUCATING LAW ENFORCEMENT ...................................................................................................... 88 EDUCATING LAW ENFORCEMENT .................................................................................................... 119 POSTCONVICTION DNA TESTING: THE IMPLICATIONS FOR LAW ENFORCEMENT .............................. 150 DEFENSE BAR PERSPECTIVE ............................................................................................................. 169 DAY TWO INTRODUCTION ............................................................................................................... 179 POLICE AND PROSECUTORS: MAXIMIZING THE VALUE OF DNA ........................................................ 205 WORKING LUNCH ............................................................................................................................ 227 LEGISLATIVE CONSIDERATIONS FOR PROMOTING FORENSIC DNA ................................................... 244 LAW ENFORCEMENT AND THE CRIME LABORATORY: WORKING TOGETHER TO SOLVE CRIMES ....... 260 2 Agenda July 27, 2000 - HORIZON BALLROOM The above-entitled matter came on for hearing on Thursday, July 27, 2000, commencing at 8:30 a.m., at the Ronald Reagan Building and International Trade Center, Washington, D.C., before Executive Director of the National Commission on the Future of DNA Evidence, Christopher H. Asplen, AUSA, Moderator. Reported By: Michele D. Lambie, CSR-RPR DAY ONE INTRODUCTION 8:00 AM - 8:30 AM Coffee Service 8:30 AM - 8:45 AM Introduction Christopher H. Asplen, AUSA Executive Director National Commission on the Future of DNA Evidence 8:45 AM - 9:00 AM Opening Remarks Julie Samuels Acting Director National Institute of Justice 9:00 AM - 9:30 AM Defining the Issues for Law Enforcement Terrance Gainer Executive Assistant Chief of Police Metropolitan, DC Police Department 9:30 AM - 10:00 AM DNA 101 Lisa Forman Acting Director, Investigative & Forensic Sciences Division National Institute of Justice 10:00 AM - 10:15 AM Break DNA DATABASES: A POWERFUL TOOL FOR LAW ENFORCEMENT IN THE 21ST CENTURY 3 10:15 AM - 11:45 AM Paul Ferrara Director Virginia Division of Forensic Services 10:45 AM - 11:15 AM Dwight Adams Deputy Assistant Director Laboratory Division Federal Bureau of Investigation 11:15 AM - 11:45 PM David Coffman Crime Laboratory Analyst Supervisor Florida Department of Law Enforcement 11:45 PM - 12:30 PM Questions/Comments WORKING LUNCH 12:30 PM - 1:45 PM Maureen Casey Deputy Commissioner Policy and Planning Division City of New York EDUCATING LAW ENFORCEMENT 1:45 PM - 2:00 PM Moderator: Chief Darrell Sanders Frankfort, Illinois Police Department 2:00 PM - 2:30 PM Lee Colwell Director, Criminal Justice Institute University of Arkansas System 2:30 PM - 3:00 PM Keith Coonrod Director of Toxicology and Drug Chemistry Services New York State Police Laboratory System 3:00 PM - 3:45 PM Discussion 4 POSTCONVICTION DNA TESTING: THE IMPLICATIONS FOR LAW ENFORCEMENT 3:45 PM - 4:05 PM Lisa Weinreb Deputy District Attorney County of San Diego 4:05 PM - 4:15 PM Discussion DEFENSE BAR PERSPECTIVE 4:15 PM - 4:45 PM Christopher J. Plourd Law Office of Christopher J. Plourd San Diego, CA 4:45 PM - 5:00 PM Discussion 5:00 PM Adjourn Agenda July 28, 2000 - ATRIUM BALLROOM Meeting in the above-captioned matter was taken on Friday, July 28, 2000, at the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue, N.W., Washington, D.C., commencing at 8:45 a.m. before Carol T. Lucic, Notary Public. Reported By: Carol T. Lucic DAY TWO INTRODUCTION 8:00 AM - 8:45 AM Coffee Service "What Every Law Enforcement Officer Should Know About DNA Evidence" Demonstration of cd-rom training program 8:45 AM - 9:00 AM Mary Lou Leary Acting Assistant Attorney General U.S. Department of Justice 9:00 AM - 9:30 AM Keynote Address Attorney General Janet Reno 5 United States Department of Justice 9:30 AM - 10:00 AM A Discussion of Legal Issues James R. Wooley Baker & Hostetler, Attorneys at Law Cleveland, Ohio 10:00 AM - 10:45 AM Discussion 10:45 AM - 11:00 AM. Break POLICE AND PROSECUTORS: MAXIMIZING THE VALUE OF DNA 11:00 AM - 11:15 AM Moderator: Superintendent Terry Hillard Chicago Police Department 11:15 AM - 11:45 AM Clay Strange Assistant District Attorney Austin, Texas 11:45 AM - 12:15 PM Norman Gahn Assistant District Attorney Milwaukee County, Wisconsin 12:15 PM - 12:45 PM Discussion WORKING LUNCH 12:45 PM - 1:45 AM Don Dovaston Forensic Science Service United Kingdom LEGISLATIVE CONSIDERATIONS FOR PROMOTING FORENSIC DNA 1:45 PM - 2:00 PM Moderator: David G. Boyd Director, Office of Science and Technology 6 National Institute of Justice 2:00 PM - 2:30 PM Timothy Schellberg Smith Alling Lane, Governmental Affairs, Attorneys at Law Trends in State Legislation 2:30 PM - 2:50 PM Charles Bronson, Jr. State Senator 18th District of Florida 2:50 AM - 3:10 PM Discussion 3:10 PM - 3:25 PM Break LAW ENFORCEMENT AND THE CRIME LABORATORY: WORKING TOGETHER TO SOLVE CRIMES 3:25 PM - 3:35 PM Moderator: Chief Thomas Cronin Coreur d'Alene Police Department 3:35 PM - 3:55 PM Lucy Davis DNA Section Supervisor Kentucky State Police Forensic Laboratory 3:55 PM - 4:15 PM Alexandria Police Department A Case Report 4:15 PM - 4:45 PM Discussion 4:45 PM - 5:00 PM Closing Remarks 7 DAY ONE INTRODUCTION MR. ASPLEN: Good morning, ladies and gentlemen. How am I doing? Can the folks in the back hear? Does this sound all right? On behalf of the United States Department of Justice and Attorney General Reno, NIJ and the National Commission on the Future DNA Evidence, I want to welcome you to Washington, D.C. for this event. It's my job for the next couple of minutes to explain exactly what it is that you're doing here because we realize that it was only just about a month, month and a half ago that you received a letter from you saying, Hey, you are considered by nature of your position or by your colleague's recommendation to be an important voice in the law enforcement community, and as such, we would like to bring you together to talk about some DNA-technology issues. In that regard, let me start by explaining what the National Commission on the Future of DNA Evidence is because it's because of that Commission that you are here. The National Commission on the Future of DNA Evidence was established at the request of the Attorney General and is administered through the National Institute of Justice. It was established by the Attorney General in response to a number of cases in which she read about in which individuals were essentially being freed from prison who were shown to be wrongly convicted by nature of DNA testing. Ten, 15 years after their original conviction going back looking at the original evidence, DNA testing proved that they were, in fact, exonerated or actually innocent. And upon looking at those particular cases, she began to ask the question, Is there more that we can do, or is there more that we should do to really maximize the value of DNA evidence in the criminal justice system? She asked that the Commission be established, and what the Commission did was they recognized that there are certainly a number of applications, far beyond the post-conviction application, that are important to the use of DNA in the criminal justice system. So the Commission was created about two years ago, and we established five different working groups, one of which was a post-conviction group working on post-conviction cases. 8 Another working group was a legal issues working group that dealt with what are the general considerations as we attempt to integrate this technology in the criminal justice system. A third working group had to do with laboratory funding. Oftentimes it all comes down to money. A fourth working group had to do with crime scene investigation, and a fifth working group had to do with research and development. The crime scene investigation working group has done a number of things, but perhaps one of the most important things that they have done, and ultimately that the Commission has done, is recognize that the future of DNA technology in the criminal justice system in the United States is really about application. It's less about bells and whistles and databases and such than it is about empowering law enforcement to actually use what we can now technologically do. It's about putting it in your hands, and as the chiefs of police, assistant chiefs of police, sheriffs in this country, you are the folks that need to be the advocates for that happening. The future of DNA lies in actually using it. A good example of that, I think, is a comparison of the way the DNA developed in the United States as opposed to the way it developed in the United
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