The state's DNA database, created in 1999, mostly contains samples from those convicted of felony-level crimes. But under the proposed legislation, which is called the "DNA-Innocence" bill, those convicted of misdemeanor offenses would be required to submit a DNA sample to the state's database, something lawmakers say would enable investigators to solve crimes faster and more efficiently. The legislation would also allow for the indictment of unknown perpetrators through their DNA, thus stopping the clock on the statute of limitations, which often prevents prosecution after a period of time.

The legislation also establishes a DNA Evidence Fund, something lawmakers say would aid police laboratories in processing DNA evidence and would also support efforts to exonerate those wrongly convicted. There's a provision for statewide rules and standards for preserving and storing evidence within the legislation. In addition, the legislation would give the state Commission on Forensic Science more power to review and issue guidelines on the inclusion of biological evidence into the DNA database.

The legislation would also require police interrogations to be videotaped. As an added feature, a Commission for the Integrity of the Criminal Justice System would also be created to examine wrongful convictions revealed by DNA and would have the power of subpoena to aid in revealing the underlying cause of the error.

Assemblyman Marc Alessi (D-Shoreham), a co-sponsor of the legislation, said the bill was crafted with the mind-set that DNA evidence has been used to exonerate people who served years in prison for crimes they did not commit. The legislation will prove to be an important tool that would make the criminal justice system more efficient, Mr. Alessi said.

"That's important if you have someone who's had an infraction and later as they go on into a career of crime, we will have them in the database. On the flip side, it may help us protect someone who is innocent when they are wrongfully convicted," he said.

Forensic investigators have already seen some success by using the database to prosecute cold cases in Suffolk County and bring them to a close, Mr. Alessi said.

A DNA sample, which was found on an earring left behind at a crime scene, enabled investigators to solve a six-year-old murder case in 2006. Michael Dobrie, an 18-year-old East Patchogue resident, was found shot to death on the doorstep of his home in 2000. DNA testing later enabled investigators to link George "Action" Jackson, a 28-year-old Mastic man, to the murder. Investigators were able to link Mr. Jackson to the crime because he was on file in the database after having served time in prison for attempted criminal possession of a weapon.

Expansion of the database would likely increase the chances for closing similar cases where the perpetrator is not on the radar of law enforcement because they might have been previously convicted only of nonviolent crimes, Mr. Alessi said.

Assemblywoman Patricia Eddington (WF-Medford), who also voted in favor of the legislation, said the bill would be especially important in cases involving rape, which more often than not go unsolved because of lack of forensic evidence. Increasing the database would ensure the real perpetrators would be apprehended, thus preventing future crimes, she said.

"DNA is one way to ensure that happens, while making sure the innocent are not wrongfully convicted," she said.

Southold resident Lonnie Soury, a public relations executive who led the effort to free Martin Tankleff and now works on other wrongful-conviction cases, agreed with the idea of a commission and also keeping a better record of DNA, but he does not support the collection of DNA from misdemeanor offenders.

"I think certain aspects are a step in the right direction," he said.

Tad Scharfenberg, a criminal defense attorney and past president of the Suffolk County Criminal Bar Association, was supportive of the provision to have videotaped confessions because it eliminates coercion issues; however, he had a different take on expanding the DNA database.

"I think that in some ways it is an intrusion on personal privacy," said Mr. Scharfenberg, who has law offices in Holbrook and East Hampton. "I think we should go real slow now. I think it's pretty good where it is. I don't think we should change it."

peggy@northshoresun.com

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