Wichitan Bernie Mermis, one of 1,300 people swabbed during the BTK investigation, began contacting local authorities in December to make sure that his DNA sample had been destroyed, as per District Judge Gregory Waller’s order in October. What he got was a lot of runaround, he said. And as it turns out, The Eagle learned, none of the samples has been destroyed yet.
Police officials blamed this inaction on missing paperwork. And they say they hope to have the samples all destroyed by June.
Many citizens were understandably uncomfortable submitting to a DNA swabbing. But they agreed to allow it because they wanted to help with the investigation (and they were afraid of what might happen if they resisted). Now that BTK has been caught and is spending the rest of his life in jail, the police need to thank these citizens by destroying their DNA as quickly as possible.
Posted by Phillip Brownlee
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14 Comments
I can see both side of this issue, on the one hand if you have not done anything wrong nor will you do anything wrong in the future. Than there would be no problem with the authorities having a record of your DNA or finger prints for that matter. BUT on the other hand it would be akin to allowing the Police to search your home, most people would feel though it is intrusive they would allow it. But how would it go over if the Police would then once you have given your permission. Would without warning suddenly just come in unannounced and search anytime they wanted.
Finger prints are already treated that way, if you have ever been fingerprinted whether for a job or the military. Your prints are already on file with the FBI, you need not have committed a crime or even been suspected of committing a crime. Since fingerprints do not change much over the years except for scars and the like. Even if your child has been fingerprinted for “Ident-a-kid” and a copy of the prints have been kept by the authorities. They to could end up with the FBI.
Of course the argument could be if everyone had their fingerprints and a sample of their DNA on file then the crime rate might drop or at least it would be easier to catch those committing crime. But since everyone is a criminal and today you may not committed a crime there is always tomorrow. Is that a country you wish to live in?
Until someone is actually harmed by misuse of this information, I fail to see the problem. There appears to be a lot of unwarranted hysteria about ‘absolute privacy’, which is unrealistic. We are not anonymous nor is there anything close to absolute privacy.
So..what is the harm, that it ‘might’ be misused? There are lots of other tools authorities have that ‘might’ be misuesd. Unless actuall misuse can be proven, I fail to see the harm.
There isn’t any “harm”. It’s a privacy issue. The government collected DNA in the investigation of a specific criminal case. That investigation is finished. The non-pertinent evidence needs to be destroyed.
I agree, Todd.
raptor, your argument is similar to an argument in favor of a “benign” virus in a computer’s OS. The reason that no virus is benign is that by the time the virus is discovered the victim has been irreparably harmed by his assumption – rather, acting on his assumption – that all’s well.
Not to mention its effect on the OS.
Kansas might just as well get use to DNA. A new law says that if you are arrested for certain level of crime (most officers will arrest you on a higher charge and then allow the DA to sort out the details later) you will have your DNA taken and kept. So you might just as well get use to DNA being looked upon as nothing more than finger prints.
State/federal collection of DNA can lead to problems. What’s to stop eirger from selling the info to insurance compinies, who then use it as a qualifier/disqualifer for insurance.
555 – That’s completely unrelated to this case. Thanks anyway.
There is not a bureaucrat in the world who volunarily gives up information he/she has collected. There are warehouses full of information all around the nation, information that should have been destroyed years ago.Remember the scene at the end of “Raiders of the Lost Ark” when the Ark was put in a box and the box was put in a huge warehouse and promptly forgotten about?That’s why the DNA needs to be destroyed. The reason for taking it was suspect at best. Get rid of it.No, I didn’t submit nor was I asked. Those sort of things can – and did – turn into witch hunts.
The primers used to duplicate DNA for identification purposes only target certain repeating sequences that highly vary from person to person. The parts of the genome that determine predisposition to diseases and such are not used at all. I find it highly unlikely that police departments could ever get a hold of the primers used in genetic testing…So really, it’s no worse than fingerprinting. But if no crime was committed, these records should be destroyed just like fingerprints would be (I think).
“But if no crime was committed, these records should be destroyed just like fingerprints would be (I think).”
You’d think that, Tara, but you’d be wrong. Once they get ahold of that type of information they hold onto into it forEVER. This is certainly true of fingerprints.
And, via HB 2554, if they even think mistakenly they had probable cause and, shall we say, “forget” or otherwise fail to expunge the information, there are no penalties or remedies beyond extended litigation by the aggrieved party. They can only drag their feet on these particular samples (and some of the reasons given ARE legit), but I’m still waiting to hear that Bernie Mermis’s genetic profile will be purged from their records as well.
Bottom line: Once they get it, they keep it.
If the above sounds unreasonable to anyone, I refer you to the recent racial profiling/traffic stop case where, despite the legal case completely falling apart and the Civil Rights Commission determining the traffic stop was unjustified, the WPD is still, predictably, insisting everything was done correctly and the stop was completely kosher.
Rage,
You don’t mean Bernie Mermis in the WSU psych department, do you?
That he would even be questioned is insane. The retention of his (or anyone else’s swept up in the hysteria) genetic information should be criminal.
Put me down as one against it.
One in the same, DD.
Rage,That’s incredible. The only crime he may have ever committed was making too much home-made beer. You’d have to wonder if some disgruntled student turned him in as a suspect.
Unbelievable.
Tara,True, not much info could be gained from DNA ID tests, but they also retain the sample, which could then be sold to commercial interests by the state, the same way they’ve sold other personal data such as driver’s license info and certain medical records over the years. Once you give a sample,there’s no telling where it will end up, and what part of your life it will affect!