DNA Data Bank Oversight Panel

Minutes of Meeting - June 9, 2009

Present at the meeting were: Dawn Hellier, DPS Commissioner’s Office; Michael Bourke, DPS-Forensic Lab; Carll Ladd, DPS-Forensic Lab; Deborah Messina, DPS-Forensic Lab, Fred Levesque, DOC; Wanda White-Lewis, DOC; George Camp, DOC; Lynn Wittenbrink, AG’s Office; Sam Izzarelli, DPS-CSP; Regina Armon, intern AG’s Office, Louis Auciello, intern AG’s Office; Justin Greatokex, intern AG’s Office; Michael Gailor, OCSA.

Upon motion and second, the minutes of the meeting of March 10, 2009, were accepted. There was no public comment and no old business.

IMPLEMENTATION OF P.A. 03-242

Report of DPS – Forensic Lab

As of May 30, 2009, approximately 70,075 convicted offender samples had been submitted to the Connecticut Forensic Science Laboratory. Of those samples, 48,846 have been profiled and are resident in CODIS, resulting in a backlog of approximately 21,229 samples. As of May 30, 2009, 842 no-suspect forensic cases were backlogged.

The second contract with Lab Corp is over half completed and data continues to be returned at a rate equivalent to the lab’s ability to review it. The lab has upgraded it’s robotics and are ready to process convicted offender samples. The in house of processing of those samples, however, is on hold until a grant funded laboratory assistant can be hired. Three durational positions in DNA terminate at the end of the current fiscal year. The lab has been informed that federal stimulus money has been allocated to continue all three positions for an additional three years. There are some additional positions authorized by additional grants that have not been filled. Attempts to fill those positions will restart after July 1. The lab is putting in for additional monies under the 2009 Backlog Reduction Grant. The monies would pay for additional positions and new robotics.

The state and federal authorities have agreed to terminate the lab’s status as a federally funded regional mitochondrial laboratory. The remaining funding will be exhausted in the third quarter of 2009. Some persons who were paid with federal funding will now have to be paid with state funds. Additional federal stimulus money might be available for this.

Report of DPS

DPS reported that they have identified 67 individuals who violated a provision in Title 14 and received a sentence longer than one year. Of that number, 38 have submitted samples for DNA analysis but 29 have not. Based on the policy that is going to be followed by judicial and pending a decision in the McCoy case referenced below DPS is not going to attempt to obtain samples from those 29.

New Business

A discussion was had concerning the case of McCoy vs. Boyle, CV05-4003609, in which Judge Holzberg issued temporary and permanent injunctions requiring the Department of Public Safety to cease labeling any person twice convicted of Conn. Gen. Stat. Sec. 14-227a within a ten year period as a felon. In light of this opinion, the Judicial Department has issued a memorandum instructing its employees not to collect DNA samples from such person unless ordered by the court to do so.

Lynn Wittenbrink reported that the decision is currently on appeal and there is a stay on the injunctions. Despite the stay, Judicial is not going to be taking samples from multiple DUI offenders unless ordered by the court to do so.

Executive Session

- 10:16 a.m. to 11:20 a.m.

After coming out of executive session, the Panel took the following action:

• A6-9-09 – Table discussion until next meeting so more information can be obtained
• B6-9-09 - The Panel determined that the information could be released to the State’s Attorney and the individual
• C6-10-09 – Table discussion until next meeting so more information can be obtained
• D6-10-09 – Table discussion until next meeting so more information can be obtained
• E6-10-09 – Table discussion until next meeting so more information can be obtained
• F6-10-09 – Table discussion until next meeting so more information can be obtained
• G6-10-09 – Table discussion until next meeting so more information can be obtained
• H6-10-09 – Purged
• I6-10-09 – Purge old sample keep new sample
• J6-10-09 – Purge old sample keep new sample
• K6-10-09 – Purge old sample keep new sample
• L6-10-09 – Purge old sample keep new sample
• M6-10-09 – Purge

Legislation

It was reported that the legislative proposals for this year did not passed. Attempts will be made to seek changes in the future.

The meeting adjourned at 11:30 a.m. The next meeting of the Panel is scheduled for September 15, 2009.