State, county, city officials back governor’s proposed expansion of DNA database
NORWICH – City, county and state law enforcement and other elected officials met with members of the New York State Office of Victim Services Wednesday in a show of support for Governor Cuomo’s proposed expansion of the state’s DNA database.
As part of his executive budget, Cuomo put forth a plan to include all those convicted of a felony – as well as all misdemeanors under the state’s Penal Law – to submit DNA samples. On Tuesday, the state Senate passed legislation which mirrors Cuomo’s proposal for the largest expansion of the DNA database since its creation in 1994.
According to local officials, the expansion will not only help to solve more crimes, but bring justice to the victims – and exonerate the innocent.
At Wednesday’s meeting at the Norwich City Police Department, Mayor Joe Maiurano said one of the most important aspects of his job is to keep residents safe and secure. As such, DNA technology is one of the city’s most crucial tools, he added.
“The City of Norwich prides itself on its low crime rate, friendly residents and tree-lined, tranquil streets,” said Maiurano in a prepared statement. “The governor’s proposal to expand the state’s DNA databank will give police and prosecutors in our community another tool to help them better protect our residents and maintain the quality of life we have all come to enjoy.”
The change in legislation would expand upon current state law which permits DNA samples to be collected from less than half – approximately 48 percent – of offenders convicted of a Penal Law crime. Under the new legislation, DNA-eligible crimes would be expanded to include all misdemeanors under Penal Law, as well as all felonies under other state laws, according to a Norwich PD press release.
Under the current law, only 36 misdemeanors require those committing the crime submit DNA.
And while a small community such as Norwich has a relatively small percentage of people committing crimes, many times that group involves repeat offenders, said Police Chief Joseph Angelino. Collection of DNA – as proposed by the governor – would assist his department greatly in proving either guilt or innocence in many cases, he added.
“As police chief, I want to ensure that my officers have the resources they need to investigate and solve crimes, and prevent future ones from occurring,” said Angelino. “Expanding the DNA databank will allow my department to use the full power of this science, in partnership with good, old-fashioned police work, to better serve and protect our community.”
According to Chenango County District Attorney Joseph McBride, a DNA sample is like a “genetic fingerprint” and the collection of DNA is, by far, “the most important tool in our time,” whether it results in the conviction of the guilty or the exoneration of the innocent. Locally, added McBride, DNA has helped to solve a number of high profile crimes, including a sexual assault in 2006 that was linked to a 1999 burglary and – in 2010 – the conviction of Joey Bethea, charged with petit larceny in 2009 in Chenango County, who was linked through DNA to an unsolved 1989 homicide in Hempstead. Bethea is now serving 25 years to life in state prison, said the district attorney.
“Once this important legislation passes, we will have another tool in our tool box to keep residents of Chenango County safe,” added McBride.
New York State Office of Victim Services Director Tina M. Stanford, who was invited to speak at yesterday’s meeting, said there are nearly 40,000 unresolved crimes in New York State alone, including rapes and murders that have gone unsolved for years. There are also, she added, “thousands of survivors who worry every day because their attackers are still at large, free to commit more crimes and often doing so.”
According to Stanford, the previous DNA databank expansion – which for the first time made some low-level misdemeanors DNA-eligible – proved that “criminals do not specialize,” a sentiment echoed by the county’s district attorney.
Since that expansion, DNA samples taken from individuals convicted of the misdemeanor crime of petit larceny have been linked to 965 crimes statewide, including 51 murders, 222 sexual assaults, 117 robberies and more than 400 burglaries. DNA samples taken from individuals convicted of second degree criminal trespass have been linked to 30 homicides, 110 sexual assaults and 121 burglaries, among other crimes, said Stanford.
Typically, offenders linked to crimes through the DNA databank had three prior convictions for non-DNA eligible offenses before being convicted of an offense that did require a sample, according to data from the state’s Division of Criminal Justice Services. Approximately 27 percent of individuals convicted of unauthorized use of a vehicle are subsequently charged with a violent felony offense within five years of being convicted for the misdemeanor. In addition, more than 20 percent of individuals convicted of three other misdemeanors – third degree criminal trespass, fourth degree criminal mischief and theft of services – are also subsequently charged with a violent felony offense within that same time frame.
Said Stanford, “Expanding the state’s DNA databank is our opportunity to make an immediate difference in the lives of thousands of crime victims and prevent thousands more New Yorkers from ever becoming victims.”
Chenango County Sheriff Ernest R. Cutting Jr. added that, throughout his career in law enforcement, he’d seen “too many victims of violent crime.” The governor’s proposal, he added, will “allow us to fully use DNA technology and science to take violent felons off our streets, keep our communities safe and bring closure to thousands of victims.”
Simply put, said Michael F. Middaugh, director of the Child Advocacy Center of Catholic Charities of Chenango, “every crime has a victim and every victim needs our help.”
The process of taking a DNA sample is a simple one, said Chief Angelino, requiring a convicted offender to rub the inside of his or her cheek with a swab. The New York State Police Forensic Investigation Center then converts that material into a numerical profile, specifically unique to that offender. The profile can not be used for any other purpose, according to Stanford, and can not identify anything about a person’s race, appearance, health or behavior. According to Angelino, the Norwich PD has acquired nearly 50 DNA samples in the last few months and – even were that number to triple – the department could easily handle it.
“The payback will be well worth it,” said the chief of the governor’s proposal.
The bill is now in the hands of the assembly and, if enacted, would take effect Oct. 1, 2012, and would not be retroactive. In addition, the proposal would not apply to children involved in Family Court matters or to youthful offenders.
For more information visit NYGetInvolved.com.
As part of his executive budget, Cuomo put forth a plan to include all those convicted of a felony – as well as all misdemeanors under the state’s Penal Law – to submit DNA samples. On Tuesday, the state Senate passed legislation which mirrors Cuomo’s proposal for the largest expansion of the DNA database since its creation in 1994.
According to local officials, the expansion will not only help to solve more crimes, but bring justice to the victims – and exonerate the innocent.
At Wednesday’s meeting at the Norwich City Police Department, Mayor Joe Maiurano said one of the most important aspects of his job is to keep residents safe and secure. As such, DNA technology is one of the city’s most crucial tools, he added.
“The City of Norwich prides itself on its low crime rate, friendly residents and tree-lined, tranquil streets,” said Maiurano in a prepared statement. “The governor’s proposal to expand the state’s DNA databank will give police and prosecutors in our community another tool to help them better protect our residents and maintain the quality of life we have all come to enjoy.”
The change in legislation would expand upon current state law which permits DNA samples to be collected from less than half – approximately 48 percent – of offenders convicted of a Penal Law crime. Under the new legislation, DNA-eligible crimes would be expanded to include all misdemeanors under Penal Law, as well as all felonies under other state laws, according to a Norwich PD press release.
Under the current law, only 36 misdemeanors require those committing the crime submit DNA.
And while a small community such as Norwich has a relatively small percentage of people committing crimes, many times that group involves repeat offenders, said Police Chief Joseph Angelino. Collection of DNA – as proposed by the governor – would assist his department greatly in proving either guilt or innocence in many cases, he added.
“As police chief, I want to ensure that my officers have the resources they need to investigate and solve crimes, and prevent future ones from occurring,” said Angelino. “Expanding the DNA databank will allow my department to use the full power of this science, in partnership with good, old-fashioned police work, to better serve and protect our community.”
According to Chenango County District Attorney Joseph McBride, a DNA sample is like a “genetic fingerprint” and the collection of DNA is, by far, “the most important tool in our time,” whether it results in the conviction of the guilty or the exoneration of the innocent. Locally, added McBride, DNA has helped to solve a number of high profile crimes, including a sexual assault in 2006 that was linked to a 1999 burglary and – in 2010 – the conviction of Joey Bethea, charged with petit larceny in 2009 in Chenango County, who was linked through DNA to an unsolved 1989 homicide in Hempstead. Bethea is now serving 25 years to life in state prison, said the district attorney.
“Once this important legislation passes, we will have another tool in our tool box to keep residents of Chenango County safe,” added McBride.
New York State Office of Victim Services Director Tina M. Stanford, who was invited to speak at yesterday’s meeting, said there are nearly 40,000 unresolved crimes in New York State alone, including rapes and murders that have gone unsolved for years. There are also, she added, “thousands of survivors who worry every day because their attackers are still at large, free to commit more crimes and often doing so.”
According to Stanford, the previous DNA databank expansion – which for the first time made some low-level misdemeanors DNA-eligible – proved that “criminals do not specialize,” a sentiment echoed by the county’s district attorney.
Since that expansion, DNA samples taken from individuals convicted of the misdemeanor crime of petit larceny have been linked to 965 crimes statewide, including 51 murders, 222 sexual assaults, 117 robberies and more than 400 burglaries. DNA samples taken from individuals convicted of second degree criminal trespass have been linked to 30 homicides, 110 sexual assaults and 121 burglaries, among other crimes, said Stanford.
Typically, offenders linked to crimes through the DNA databank had three prior convictions for non-DNA eligible offenses before being convicted of an offense that did require a sample, according to data from the state’s Division of Criminal Justice Services. Approximately 27 percent of individuals convicted of unauthorized use of a vehicle are subsequently charged with a violent felony offense within five years of being convicted for the misdemeanor. In addition, more than 20 percent of individuals convicted of three other misdemeanors – third degree criminal trespass, fourth degree criminal mischief and theft of services – are also subsequently charged with a violent felony offense within that same time frame.
Said Stanford, “Expanding the state’s DNA databank is our opportunity to make an immediate difference in the lives of thousands of crime victims and prevent thousands more New Yorkers from ever becoming victims.”
Chenango County Sheriff Ernest R. Cutting Jr. added that, throughout his career in law enforcement, he’d seen “too many victims of violent crime.” The governor’s proposal, he added, will “allow us to fully use DNA technology and science to take violent felons off our streets, keep our communities safe and bring closure to thousands of victims.”
Simply put, said Michael F. Middaugh, director of the Child Advocacy Center of Catholic Charities of Chenango, “every crime has a victim and every victim needs our help.”
The process of taking a DNA sample is a simple one, said Chief Angelino, requiring a convicted offender to rub the inside of his or her cheek with a swab. The New York State Police Forensic Investigation Center then converts that material into a numerical profile, specifically unique to that offender. The profile can not be used for any other purpose, according to Stanford, and can not identify anything about a person’s race, appearance, health or behavior. According to Angelino, the Norwich PD has acquired nearly 50 DNA samples in the last few months and – even were that number to triple – the department could easily handle it.
“The payback will be well worth it,” said the chief of the governor’s proposal.
The bill is now in the hands of the assembly and, if enacted, would take effect Oct. 1, 2012, and would not be retroactive. In addition, the proposal would not apply to children involved in Family Court matters or to youthful offenders.
For more information visit NYGetInvolved.com.
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