Lieutenant Governor Duffy Joins Onondaga District Attorney Fitzpatrick to Support Governor Cuomo's Proposed Expansion of New York State's DNA Databank

Daughter of Murder Victim Discusses how New York's DNA Databank Helped Bring Her Mother's Attacker to Justice

Lieutenant Governor Robert J. Duffy today joined with Onondaga District Attorney William J. Fitzpatrick to show support for Governor Andrew M. Cuomo's proposal to expand the state's DNA Databank, which will help solve more crimes, bring justice to victims and exonerate innocent New Yorkers. The Lieutenant Governor and District Attorney were also joined at the Syracuse press conference by Paige Archambeault, the daughter of a murder victim.

"When Governor Cuomo detailed his Executive Budget proposal last month, he unveiled the next steps in his plan to build a new New York," Lieutenant Governor Duffy said. "His plan to expand the state's DNA Databank will transform our criminal justice system. During my law enforcement career, I saw case after case where DNA evidence made a difference – excluding individuals from suspicion, identifying those responsible for crimes and giving victims closure and a measure of justice. I can't imagine why anyone would want to preclude such a powerful tool from being used to its fullest potential."

District Attorney Fitzpatrick said, "DNA is an extremely valuable tool in solving crimes, convicting the guilty and exculpating the innocent. It is a travesty that this tool has not been used to its fullest potential in New York because of false rhetoric and misleading information perpetuated by its opponents. Expanding the Databank will unquestionably solve crimes, save lives and make this state a safer place to live."

Paige Archambeault said, "My mother was brutally murdered in 2007. Her killer, Glen Shoop would have been in custody for a prior 2000 unsolved rape case, but because a DNA profile generated in the case had not yet been matched to anyone in 2007, he was free and walking the streets. If in 2007, New York had a law allowing DNA samples to be collected for those convicted of any crime, my mother would still be alive today. I believe that every day this law does not pass we miss another opportunity to save a life and to prevent the emotional damage and mental anguish my family suffered."

New York State has yet to realize the full potential of the DNA Databank because state law only permits DNA to be collected from 48 percent of offenders convicted of a Penal Law crime. Currently, anyone convicted of a felony or one of 36 misdemeanors under the Penal Law must provide a DNA sample.

The Governor's proposal would require DNA samples to be collected from anyone convicted of all remaining Penal Law misdemeanors and any felony under other state laws, such as felony driving while intoxicated under the Vehicle and Traffic Law, aggravated animal cruelty under the Agriculture and Markets Law, and prescription drug offenses under the Public Health Law.

The Databank was created in 1996. Since that time, DNA evidence has helped has helped exonerate 27 New Yorkers and helped prosecutors solve more than 2,700 crimes – including 67 in Onondaga County.

New York State's Deputy Secretary for Public Safety Elizabeth Glazer said, "Every day we wait to expand the state's DNA Databank, another cold case goes unresolved, a person wrongly convicted sits in prison, and we risk one of our loved ones falling victim to a crime that could have been prevented. How do we know this? Because we have evidence that shows every time we expanded the Databank, we solved more crimes. It's just that simple."

The last expansion in 2006, which made some low-level misdemeanors DNA-eligible, showed that criminals do not specialize. Today's low-level offender is often yesterday's violent felon:

Data from the state Division of Criminal Justice Services (DCJS) also shows that offenders linked to crimes through the DNA Databank had three prior convictions for non-DNA eligible offenses before they were convicted of offenses that required DNA samples. Many low-level, non-DNA eligible misdemeanors are precursors to violent crime:

Taking a DNA sample is not an invasive process: convicted offenders rub the inside of their 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 is only used to match convicted offenders to evidence found at a crime scene, and link crimes that may involve the same perpetrator. The profile cannot be used for any other purpose and cannot identify anything about a person's race, appearance, health or behavior.

The process in which DNA profiles are uploaded, tested and matched to convicted offenders ensures that nothing, other than science, affects the outcome of a match. Names, photographs or criminal history records that correspond to the DNA profiles are not maintained in the Databank, and DCJS, the agency confirming the identity once a match has been made, does not have access to the DNA profiles maintained in the Databank. Also, once a DNA match has been made, confirmatory testing is done to ensure its accuracy before local labs and law enforcement personnel are notified.

The New York State Police Forensic Investigation Center in Albany can process 10,000 DNA samples from convicted offenders a month. The Governor's proposed expansion will bring the monthly total to less than 7,000 and will not create a backlog.

If enacted, the Governor' proposal would take effect October 1, 2012, and it would not be retroactive. In addition, the proposal would not apply to children involved in Family Court matters or to youthful offenders.

New York State has launched an interactive website as part of the Governor's campaign to build a new New York and keep residents informed about key state initiatives. For more information, visit www.NYGetInvolved.com and join the #DNAStopsCrime conversation.