CLPEX Chat Board

Anybody out there ever heard of or had their own or a co-workers DNA profile released by court order to the defense? Specifically the profile that your agency or lab may keep to rule you out as a potential contamination source for swabs from an item or on the item itself?

All of our profiles have been submitted to the state lab for elimination purposes (we don't have our own DNA lab - just fingerprints).

That's a little different than your question, but they are available for elimination related to evidence processed for both prints and DNA.

Our profiles are kept in the local (municipal lab) for the same reason. But to your knowledge Steve, what would happen if the defense asked for your profile or any of the profiles of other lab staff that happened to show up on a chain of custody? Would they turn over the charts and graphs as part of discovery, or what do you think would happen? Would you have any qualms about your profile being turned over to the defense?

I've never really thought about it before, but I guess it could happen or maybe already has happened. I don't think I have a problem with it though. It's just a DNA profile, not an actual DNA sample. Wouldn't be just about the same as releasing your fp card to the defense? What are you worried about them doing with it?

To be honest with you, that was pretty much my reaction at first also, meh, whatever, it's charts and graphs only. I guess my only issue/complaint was that I wasn't notified of the request first, in case I had any objections. We've had officers at our agency fight tooth and nail to avoid providing a standard and only provided one after being served with a warrant, yet apparently my profile is subject to release solely on the whim of the judge. I know it's not quite the same but I guess my question would be, well why do you want my profile and the profiles of everybody else in the chain before any DNA report has been authored? Analyze the swabs that were taken, and if some unknown profile(s) come up, then we'll talk, but until then, work with what you have.

I believe our union challenged our agency's desire to require all forensic scientists to provide a DNA sample. We all have fingerprint cards on file due to our background checks, but many of us felt that requiring a DNA sample was an invasion of privacy (especially since there are several sections who would never come into contact with evidence that is to be tested for DNA). And yes, I would object to my profile being released unless my profile had been identified.

Amy Hart wrote:requiring a DNA sample was an invasion of privacy

What? How?

I can understand the concern over someone having your entire genome. Maybe there's an argument that whether you have specific genes that predispose you to diseases should be kept private. But your profile?!? It's a list of random numbers. Why would you care unless you don't understand what a profile is? How can you consider it private when you leave it everywhere you go?

Sheesh

How? Because it was not specified that they would only be keeping the profile...and there was no cause for all forensic scientists to be required to give a sample.