Police Take Umbrage at Maryland DNA Ruling
Attorney general files motion asking the state's highest court to reconsider.
A recent state Court of Appeals ruling that overturned a provision allowing Maryland police officers to take DNA from defendants is a setback to public safety, according to Montgomery County Police Chief Thomas Manger.
“These DNA hits enable law enforcement to apprehend repeat offenders that prey upon our citizens, thereby making our communities safer for everyone,” Manger said.
The ruling affects state, county and local police jurisdictions.
In Takoma Park, which has its own police force separate from the county, DNA hits have solved cold cases. DNA also offers a chance to clear people of crimes, Takoma Park Police Chief Ronald Ricucci said.
"This is the biggest setback to law enforcement in 20 years," Ricucci said. "It's a sad day for law enforcement and it's a sad day for the judicial system."
Maryland State Police employees were notified Tuesday to immediately cease collection and analysis of anyone arrested and charged with a qualifying crime of violence, or first-, second- or third-degree burglary, or attempts to commit any of those crimes.
Law enforcement officials are calling on Maryland Attorney General Doug Gansler to ask the U.S. Supreme Court to hear the case and overturn the ruling.
Gansler filed a motion Tuesday asking the Court of Appeals to reconsider its ruling, the Gazette reported. The attorney general also asked the state court to stay its ruling until he can appeal to the U.S. Supreme Court, according to the Gazette.
Patch reader comments were overwhelmingly in support of police being able to take DNA from defendants arrested in certain crimes.
"MD now a days is such a dangerous state, we need all the tools we can to help preserve public safety," Jason Jones commented. "If that means giving DNA, I'm ready to take my swab."
Rockville resident Roald Schrack mused: If there is a fingerprint database, then why shouldn't there be a DNA database?
"It seems to me that all parties should desire the use of such a positive means of identification if the truth is what is desired," Schrack said. "The building up of a database of DNA samples would seem to be a good idea from any standpoint."