Question: SELECTION 3 Criminal Justice 173 Detail 7. Who Is Elizabeth Joh? A. Leon Chatt’s Attorney B. The Prosecuting Attorney In California V. Greenwood C. Altemio Sanchez’s Attorney D. A Law Professor At The University Of California Detail 8. What Was The Purpose Of The Two-day DNA Blitz Mentioned In The Selection? A. To Try To Find Barbara Lloyd’s Killer …

Question: SELECTION 3 Criminal Justice 173 Detail 7. Who Is Elizabeth Joh? A. Leon Chatt’s Attorney B. The Prosecuting Attorney In California V. Greenwood C. Altemio Sanchez’s Attorney D. A Law Professor At The University Of California Detail 8. What Was The Purpose Of The Two-day DNA Blitz Mentioned In The Selection? A. To Try To Find Barbara Lloyd’s Killer …

SELECTION 3 Criminal Justice 173 Detail 7. Who is Elizabeth Joh? a. Leon Chatts attorney b. the prosecuting attorney in Cali

Organizing Textbook Information for Study Integrate knowledge While Reading Annotate SELECTION Questions have been inserted i

169 SELECTION 3 Criminal Justice decades-old crime scenes and cross-reference the DNA with ever-expanding data- 30 bases kept

Organizing Textbook Information for Study CHAPTER 3 170 3 SELECTION Crime labs use the latest DNA analysis to solve crimes. 5

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SELECTION 3 Criminal Justice 173 Detail 7. Who is Elizabeth Joh? a. Leon Chatt’s attorney b. the prosecuting attorney in California v. Greenwood c. Altemio Sanchez’s attorney d. a law professor at the University of California Detail 8. What was the purpose of the two-day DNA blitz mentioned in the selection? a. to try to find Barbara Lloyd’s killer b. to demonstrate the need for a universal DNA database c. to enlarge the DNA database of known criminals d. to enlarge the DNA database of the general public SELECTION Detail 9. Elizabeth Joh suggested that collecting abandoned DNA would not be an issue a. if all convicted criminals’ DNA were saved in a database. b. if DNA were collected properly at crime scenes. c. if the DNA of the entire population were saved in a database, d. if crime labs were more accurate in their analyses of DNA samples. Inference 10. From the details in the selection, we can infer that in New York State at least a. no one is required to submit a DNA sample for the DNA database. b. every convicted criminal must submit a DNA sample for the DNA database. c. only a percentage of convicted criminals must submit a DNA sample for the DNA database. d. everyone, including the general public, must submit a DNA sample for the DNA database. Answer the following with T (true) or F (false). Inference Author’s Purpose 11. Police and prosecuting attorneys would be likely to favor the use of abandoned DNA in court cases. 12. The purpose of this selection is to convince readers that collecting abandoned DNA should be illegal. 13. The selection suggests that several states are collecting abandoned DNA. Inference Inference Inference 14. DNA evidence is used only to convict someone but not to eliminate someone as a suspect. 15. From the details in the selection, we can conclude that DNA stored as evidence can last for many years for future examination. Organizing Textbook Information for Study Integrate knowledge While Reading Annotate SELECTION Questions have been inserted in the margins to stimulate your thinking while read. DNA, which is unique to every person, has become a cold case squad’s best friend 168 CHAPTER 3 ing. Remember to Correct Monitor Relate Picture Predict SKILL DEVELOPMENT: NOTE TAKING Annotate this selection and then make map-style notes of the key ideas as if you were planning to use your notes to study for a quiz. POLICE DNA COLLECTION SPARKS QUESTIONS When a 60-year-old man spat on the sidewalk, his DNA became as public as if he I can picture this had been advertising it across his chest. Police officers secretly following Leon Chatt … collected the saliva-loaded with Chatt’s unique genetic makeup-to compare with DNA evidence from the 5 scene of an old murder they believed he’d committed. Later, Chatt was charged in one of Buffalo’s oldest unsolved cases, the 1974 rape and stabbing of his wife’s stepsister, Barbara Lloyd. While secretly collecting a suspect’s DNA may be an unorthodox approach to solving crimes, prosecutors say it crosses no legal boundaries that when someone 10 leaves their DNA in a public place via flakes of skin, strands of hair or saliva, for example, they give up any expectation of privacy. But the practice has raised questions from Washington State to Florida, where similar collections are under scrutiny. “If we felt it wasn’t proper and we didn’t have a strong legal foundation, we 15 wouldn’t have done it,” Erie County New York District Attorney Frank Clark said, discussing another recent case involving secretly obtained DNA. In that case, the smoking gun was tableware the suspect used during a night out with his wife. Undercover investigators had waited out Altemio Sanchez at the bar of a Buffalo restaurant one evening and moved in on his water glass and utensils 20 after he’d gone. Two days later, the 49-year-old factory worker and father of two was charged with being the elusive “Bike Path Rapist” believed responsible for the deaths of But sometimes crime three women and rapes of numerous others from the early 1980s through 2006. Laba wake wistakes Lawyers for Sanchez and Chatt say both men continue to profess their inno 25 cence. Both have pleaded not guilty to charges of second-degree murder and their cases are pending in the courts. CRIME SCENE AND DATABASE DNA Investigators can re-examine things like hair, blood, semen and carpet fibers trum 169 SELECTION 3 Criminal Justice decades-old crime scenes and cross-reference the DNA with ever-expanding data- 30 bases kept by law enforcement. “It’s one of the greatest tools that law enforcement has today,” said Dennis Richards, the Buffalo Police Department’s chief of detectives. New York State last year underscored the value of DNA by tripling, to about 46%, the number of people convicted of crimes who must submit a sample to the 35 state’s database. To catch up on a backlog, Erie County in January conducted an unusual two- day DNA “blitz.” Hundreds of convicts who “owed” a sample were summoned to a downtown courthouse, where an assembly line of sorts was set up to swab their mouths. SELECTION 3 45 ABANDONED DNA 40 But it is the so-called “abandoned” DNA like that collected from Sanchez and Chatt-and suspects elsewhere arrested based on discarded cigarettes or chewing gum-that concerns people like Elizabeth Joh. The University of California law pro- fessor believes it is time legislators consider regulating such collections out of con- cerns for privacy. Right now, police rely on abandoned DNA when they lack enough evidence to obtain a court ordered sample. “If we look at this kind of evidence as abandoned, then it really permits the police to collect DNA from anyone-not just cold case issues from anyone at any time and really for no good reason or any reason at all,” Joh said. “That’s something that maybe sounds like a science fiction scenario-police running after people trying to get their DNA,” she said, “but we really don’t know where this could lead.” Asked whether there should be boundaries on such collections, Richards said, “That’s one for the lawyers to argue in a court of law.” Chatt’s attorney, John Jordan, said he would “absolutely” challenge the DNA evidence in his client’s case in court but declined to elaborate. 50 55 Would I want my Nk ke this may? THE ISSUES Prosecutors tend to view abandoned DNA as akin to trash, which courts have upheld as fair game for investigators, Joh said. She pointed to the case of California u. Greenwood, in which the Supreme 60 Court ruled in 1988 that police did not need a warrant to search a suspected drug dealer’s trash because he should have had no expectation of privacy when he placed it on the curb. Trash, the judges wrote, is “readily accessible to animals, children, scavengers, snoops, and other members of the public.” But Joh argued comparing DNA and trash is a poor analogy. 65 “Obviously, we might want to discard that cigarette, but do we really mean to give up all kinds of privacy claims in the genetic material that might lie therein?” she asked. As advances in technology make DNA analysis faster and cheaper, “I think of it really as a kind of frontier issue,” she said. Richards, meanwhile, pointed out that while abandoned DNA can confirm a suspect’s identity, it also works to the benefit of someone who is innocent “DNA rules people in, but it also rules people out,” he said. 70 Organizing Textbook Information for Study CHAPTER 3 170 3 SELECTION Crime labs use the latest DNA analysis to solve crimes. 50 That point was not lost on the husband of murder victim Barbara Lloyd, who was questioned for hours after he reported his wife’s death from 16 stab wounds in 75 their bedroom that March 1974 morning. Police ruled Galan Lloyd out as a suspect after a few days. Chatt’s arrest, he said, proved that was the right decision. “If there were people out there who still thought I did it, this should do it,” Lloyd, now 59, told The Buffalo News. Barbara Lloyd was killed as her then-3-year-old son, Joseph, and 14-month-old daughter, Kimberly, slept. The now-grown children recently persuaded police to take another look at the killing, leading police to close in on Chatt. “We were very fortunate that at that time there was a detective in the evidence collection unit who was able to secure evidence from the scene, which was later 85 used for comparison,” Richards said. “Here we are 30 years later, able to open up a box and submit some of the items that we found and to have a DNA analysis done.” Joh suggests proceeding with caution. “My hope is there will be much greater awareness of what this means, not just for these particular cases, but for everyone,” she said. “Is DNA sampling going to be 90 ordinary and uncontroversial for the general population, in which case abandoned DNA may not be so alarming, or does it raise a whole host of privacy questions?”. Shouldn’t this bel routine? (1,042 words Carolyn Thompson, “Police DNA Collection Sparks Questions, Associated Press, March 17, 2007 (2007) Recall Review your notes. Stop to talk, write, and think about the selection. Your instructor may choose to give you a brief comprehension review.