Hamilton Journal News

Court halts family DNA searches for crime suspects

- By Michael R. Sisak

NEW YORK — A New York court halted the use of a DNA crimefight­ing tool that has helped crack cold cases and put murderers behind bars, but has also raised privacy and racial discrimina­tion concerns, because state lawmakers never approved the practice.

Known as familial DNA searching, the technique allows law enforcemen­t agencies to search the state’s DNA databank for close biological relatives of people who have left traces of genetic material at a crime scene.

A panel of judges on a midlevel appeals court ruled Thursday that regulation­s for the technique were invalid because a state committee implemente­d them without consent from the Legislatur­e.

Three of the panel’s five members voted to suspend the searches, which were challenged by a group of Black men who worried they could be targeted for investigat­ion because their biological brothers were convicted of crimes and had genetic informatio­n stored in the state’s DNA databank.

Judge Judith J. Gische, writing for the majority, noted that familial DNA searching is useful in investigat­ing crimes — including in identifyin­g serial killers in Kansas and California and a recent Bronx cold case arrest — and that the court’s decision to stop the practice was based on concerns about government separation of powers.

“We find that the overwhelmi­ng policy issues inherent in authorizin­g the use and limitation­s upon familial match searches of DNA informatio­n collected in the

New York State databank warrants a conclusion that it is an inherently legislativ­e function and that the challenged regulation cannot stand,” Gische wrote.

The ruling pertains only to the state’s DNA databank, which is populated with samples from people convicted of crimes in the state, not databanks that are maintained by private companies such as Ancestry and 23andMe for genetic genealogy research.

Regulation­s on searching the state databank were adopted in 2017 by New York’s Division of Criminal Justice

Services, part of the state’s executive branch, and the independen­t Commission on Forensic Science.

New York has approved just 30 applicatio­ns from law enforcemen­t to conduct familial DNA searches since adopting the technique. It has disclosed the names of matches to police in 10 cases, two of which resulted in arrests.

Janine Kava, a spokespers­on for the Division of Criminal Justice Services, said the agency was reviewing the decision to determine next steps. Those could include bringing the matter to the state’s highest court, the Court of Appeals.

Authoritie­s have, for decades, found suspects by matching crime scene evidence to convicted offenders’ DNA. Familial DNA testing comes into play when there’s no match. It looks instead for people similar enough to be closely related to whoever left the crime scene DNA. From there, investigat­ors can look for family members who fit as suspects and, if they find one, pursue enough other evidence to bring charges.

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