[Senate Hearing 108-323] [From the U.S. Government Publishing Office] S. Hrg. 108-323 DEPARTMENT OF JUSTICE OVERSIGHT: FUNDING FORENSIC SCIENCES--DNA AND BEYOND ======================================================================= HEARING before the SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT AND THE COURTS of the COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION __________ JULY 31, 2003 __________ Serial No. J-108-33 __________ Printed for the use of the Committee on the Judiciary 91-831 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2003 ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512�091800 Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001 COMMITTEE ON THE JUDICIARY ORRIN G. HATCH, Utah, Chairman CHARLES E. GRASSLEY, Iowa PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania EDWARD M. KENNEDY, Massachusetts JON KYL, Arizona JOSEPH R. BIDEN, Jr., Delaware MIKE DeWINE, Ohio HERBERT KOHL, Wisconsin JEFF SESSIONS, Alabama DIANNE FEINSTEIN, California LINDSEY O. GRAHAM, South Carolina RUSSELL D. FEINGOLD, Wisconsin LARRY E. CRAIG, Idaho CHARLES E. SCHUMER, New York SAXBY CHAMBLISS, Georgia RICHARD J. DURBIN, Illinois JOHN CORNYN, Texas JOHN EDWARDS, North Carolina Bruce Artim, Chief Counsel and Staff Director Bruce A. Cohen, Democratic Chief Counsel and Staff Director ------ Subcommittee on Administrative Oversight and the Courts JEFF SESSIONS, Alabama, Chairman CHARLES E. GRASSLEY, Iowa CHARLES E. SCHUMER, New York ARLEN SPECTER, Pennsylvania PATRICK J. LEAHY, Vermont LARRY E. CRAIG, Idaho RUSSELL D. FEINGOLD, Wisconsin JOHN CORNYN, Texas RICHARD J. DURBIN, Illinois William Smith, Majority Chief Counsel Jeff Berman, Democratic Chief Counsel C O N T E N T S ---------- STATEMENTS OF COMMITTEE MEMBERS Page Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa, prepared statement............................................. 58 Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont, prepared statement............................................. 97 Sessions, Hon. Jeff, a U.S. Senator from the State of Alabama.... 1 prepared statement........................................... 105 WITNESSES Baden, Michael M., M.D., Director, Medicolegal Investigations Unit, New York State Police, New York, New York................ 22 Clark, Frank J., District Attorney, Erie County, Buffalo, New York........................................................... 20 Hart, Sarah V., Director, National Institute of Justice, Department of Justice, Washington, D.C......................... 5 Hillman, Randall, Executive Director, Alabama District Attorney's Association, Montgomery, Alabama............................... 16 Johns, Susan Hart, President, American Society of Crime Laboratory Directors, Springfield, Illinois.................... 19 Neufeld, Peter, Co-Director, Innocence Project, Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York.. 24 Serra, Rosemary, New Haven, Connecticut.......................... 14 SUBMISSIONS FOR THE RECORD Baden, Michael M., M.D., Director, Medicolegal Investigations Unit, New York State Police, New York, New York, prepared statement...................................................... 32 Clark, Frank J., District Attorney, Erie County, Buffalo, New York, prepared statement....................................... 34 College of American Pathologists, Division of Government and Professional Affairs, Washington, D.C., statement.............. 38 Downs, J.C. Upshaw, M.D., Forensic Pathologist, Savannah, Georgia, statement............................................. 42 Fisher, Barry A.J., Crime Laboratory Director, Los Angeles County Sheriff's Department, Los Angeles, California, statement....... 50 Hart, Sarah V., Director, National Institute of Justice, Department of Justice, Washington, D.C., statement............. 62 Hillman, Randall, Executive Director, Alabama District Attorney's Association, Montgomery, Alabama, statement.................... 85 Johns, Susan Hart, President, American Society of Crime Laboratory Directors, Springfield, Illinois, statement......... 90 Serra, Rosemary, New Haven, Connecticut, statement............... 100 DEPARTMENT OF JUSTICE OVERSIGHT: FUNDING FORENSIC SCIENCES--DNA AND BEYOND ---------- THURSDAY, JULY 31, 2003 United States Senate, Subcommittee on Administrative Oversight and the Courts, of the Committee on the Judiciary, Washington, DC. The Subcommittee met, pursuant to notice, at 2:09 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Jeff Sessions, Chairman of the Subcommittee, presiding. Present: Senator Sessions. OPENING STATEMENT OF HON. JEFF SESSIONS, A U.S. SENATORFROM THE STATE OF ALABAMA Chairman Sessions. Good afternoon. It is a busy, busy day. The floor is in a state of uproar, as is normal. I understand we have got a conference or two meeting. Senator Schumer expects to join us if he possibly can in a little bit. The issue before us today is an important one. Forensic evidence evaluation is a critical and fundamental part of the criminal justice system today more than ever. Everyday in this country, thousands of crimes are solved through the combination of hard work of law enforcement and the crime lab scientists and technicians who evaluate fingerprints, ballistics, drug samples, DNA, and other forensic evidence. Crime labs all across the country play a critical role in criminal and civil investigations. These labs face the mounting task of performing an array of forensic services. Over the last several years, I have been concerned that our Nation's forensic labs lack the resources to do their jobs promptly, effectively, and properly. I was a Federal prosecutor for 12 years and I know that the job of a prosecutor depends heavily on the work of forensic scientists. If their jobs are not done properly, society is at risk. In fact, more and more prosecutors depend on laboratories. As Americans, we have become familiar with television shows such as ``CSI'' and ``Law and Order,'' and the novels of Patricia Cornwell, who helped us promote the Paul Coverdell legislation a couple of years ago, in which the forensic scientists have the most up-to-date equipment. No expense is spared when it comes to investigations of crime in those television shows and books. Unfortunately, that is not the reality in State and local crime labs across the country. Instead, the reality is that this country's crime labs are severely understaffed and work with equipment that for the most part is, at best, mediocre. These labs are suffering from severe underfunding, and that underfunding creates a bottleneck in the criminal justice system, stifling the ability of prosecutors to try cases in a timely manner and leaving far too many crimes, including murders, rapes, and child molestations, unsolved, and leaving people who are entitled to be cleared of crimes uncleared of crimes. I have spoken with representatives from the American Society of Crime Lab Directors, the Consortium of Forensic Science Organizations, the American Academy of Forensic Sciences, the National Association of Medical Examiners, the College of American Pathologists, the International Association for Identification, State prosecutors, and State and local law enforcement about this lack of funding. All of these individuals and groups tell me that the lack of personnel, staff, and funding has created a crisis for State laboratories. They all say that drug analysis, ballistics tests, fingerprint evaluation, and all of the other forensic science evaluations are often backlogged. Let me share with you the following examples of the crime lab evidence backlog. The Alabama Department of Forensic Sciences has a drug chemistry analysis backlog of 11,917 cases, a firearm evaluation backlog of 700 cases, and a DNA backlog of over 2,000 cases. The Los Angeles Police Department has over 6,000 murder cases in which fingerprints have not yet been evaluated because it cannot afford to update its fingerprinting analysis equipment. The New Hampshire State Forensic Laboratory has a 13-month fingerprint analysis backlog. I didn't even think they had crime in New Hampshire. I thought everybody lived on a mountain top and listened to Judd Gregg. But they have a 13-month fingerprint backlog, a 3-month drug analysis backlog, and a 7- month firearm analysis backlog. The Phoenix, Arizona, crime lab has a drug analysis backlog of 3,500 cases, a fingerprint backlog of 5,900 cases, a firearm backlog of 412 cases, and a 342-case DNA backlog. The Kentucky State Police has a backlog of about 6,000 drug identification cases that will take 9 months to process. Like I said, forensic evidence evaluation backlog of drug analysis, ballistics testing, fingerprinting evaluation, DNA, and others is clear and undisputed. Backlogs of this magnitude mean tardy investigations, criminals put back on the streets, and innocent suspects detained too long while awaiting the outcome of forensic evaluations. President Bush and Attorney General Ashcroft have introduced a DNA Initiative which seeks just over $1 billion over a period of 5 years to reduce and eliminate the DNA evidence backlog and for other DNA-related purposes. It is designed to improve the use of DNA technology, which is very important in the criminal justice system, especially the Federal, State and local crime labs, by providing funds, training, and assistance. Some of its fiscal year 2004 provisions include $92 million to assist in clearing backlogs of unanalyzed crime scene DNA samples, such as rape kits and offender DNA samples. There is a growing concern in this Senate and in the Congress that we have got to move these rape kits. A backlog is just not acceptable. Ninety million dollars will go to increased forensic laboratory capacity for DNA analysis, Federal DNA laboratory programs, and to operate and improve the Combined DNA Index System, and $28.4 million for DNA-related research and development. Besides funding, the DNA Initiative includes the Attorney General's recommendations that we here in Congress passed legislation to require that all convicted felons submit a DNA sample when they are convicted--they ought to be in the index, just like their fingerprint is; expansion of the statute governing the national DNA index to allow States which submit DNA profiles, to include all of those persons who are lawfully arrested--presently, only convicted offenders can be submitted, or are eligible to be submitted to the profile; and that the statute of limitations be tolled or stopped when DNA evidence identifies the offender that may have occurred some time after the statute of limitations has begun to run, the time in which a person can be charged. This is an admirable and worthwhile initiative, and I would like to help the administration work to implement some of these legislative recommendations. These are important concepts for Federal prosecutors and law enforcement, but I think that the problem with this initiative is that it only funds the backlogs of DNA evidence. A 2003 survey by the American Society of Crime Laboratories of State and local forensic laboratories found that DNA evidence accounted for only 5 percent of the total backlog in those facilities. Fingerprint analysis, drug analysis, questioned documents, and other forensic discipline work made up the bulk, the other 95 percent, of the laboratory backlog. I know that it is not the responsibility of this Congress-- and this important--or for the Federal Government to take over State crime labs, to pay all the expenses of State crime labs in the 50 States when it comes to State-run facilities. That is not a healthy example of federalism. We should not do that. However, if we are going to fund such programs to some degree, our focus should be on the areas which need the funding most, and in this situation the entire filed of forensic needs assistance. The crime labs would benefit in different ways from funding through the DNA Initiative because labs have backlogs in every type of evidence, including DNA. For instance, the Georgia Bureau of Investigation has a fingerprint analysis backlog of 6,096 cases and a DNA backlog of 434 cases. The Philadelphia crime lab has a drug analysis backlog of 2,832 cases and a firearm analysis backlog of 2,072 cases, and yet only a 344-case backlog for DNA analysis. The Illinois crime lab has a drug analysis backlog of 2,067 cases, a fingerprint analysis backlog of 3,132 cases, a firearm analysis backlog of 591 cases, but only a 309-case backlog of DNA evidence. Some crime labs do not even have a backlog in DNA evidence. For example, the Columbus, Ohio, crime lab has a 920-case drug analysis backlog and no DNA backlog. The Vermont crime lab has a drug analysis backlog of 350 cases, a fingerprint backlog of 250 cases and no DNA analysis backlog. But looking to backlogs may not be sufficient for us. Law enforcement needs very prompt forensic evidence analysis reports. Often, the filing of criminal charges or the advancement of an investigation is stopped and put on hold until the scientific analysis is complete. Our goal should be that our crime labs around America are able to supply for their police and prosecutors reports of analysis in days, not weeks, not months, and not years. This would be a huge advancement in criminal justice. We need to fund forensic sciences and reduce the backlog of evidence across the board. States need to step up and do more. In 1996, USA Today reported that 8 out of 10 crime labs experienced a growth in their caseload that exceeds the growth in their budget and staff. Unfortunately, this statistic from 7 years ago seems still to be the norm today. I recall the story--and D.A. Robby Owens over there has probably heard me tell it--in Alabama about a man I got to meet who ran a dry cleaners. He had heard me speak about the need to move cases promptly, and delaying a case going to trial didn't help anything. He said he really made his success in the business by buying dysfunctional laundries and dry cleaners. He would find clothes stacked up; they couldn't find them, they were lost. It was just a mess. People would come back and ask for them and they hadn't been cleaned, and he wasn't able to collect any money. He set up a system so when the person brought in the clothes for cleaning, the assistant would take and put them right in the machine that minute. And there it was back and waiting on the rack, waiting for the customer within an hour. Well, this whole criminal justice system today to an extraordinary degree--every police officer, every D.A., every court, every judge, is dependent on prompt receipt of information from the forensic laboratories. People expect it. In the past, you know, you might not have to provide fingerprint analysis or drug analysis or DNA analysis, but you have to do it today. People have seen these shows on television and they expect it, and they have a right to when we can do it. So I would like to see us set a goal for America, and it can't all be done from Washington, but we need to engender a vision of the possibilities for criminal justice in America. If every drug analysis, every fingerprint, every DNA, and every other scientific analysis reasonably possible could be produced for the investigative agencies within days, it would change law enforcement more than anything I can imagine, and realistically would not be expensive compared to all the other things we are spending money on in law enforcement. It would be very inexpensive. Ms. Sarah Hart, thank you for coming and listening to my diatribe there. Sarah Hart was nominated by President Bush to be the Director of the National Institute of Justice and was sworn in as Director on August 7, 2001. Before her appointment, Ms. Hart served as Chief Counsel for the Pennsylvania Department of Corrections, a challenging job, and as a prosecutor in the Philadelphia District Attorney's Office. You had a good boss. You didn't go back to Senator Specter, though, did you? Ms. Hart. My husband was an intern for him. I was not. Chairman Sessions. He was a good one, and I know the current one there is--what is her name? Ms. Hart. Lynn Abraham. Chairman Sessions. Yes, Lynn Abraham. Ms. Hart. I just met with her last week about DNA. Chairman Sessions. She is a committed prosecutor and professional. You have served as lead counsel in Federal litigation involving the prison system of Philadelphia. Previously, Ms. Hart has provided substantial assistance to the State of Pennsylvania and to the Judiciary Committees of both the House and the Senate in developing legislation that addressed prison litigation reform. We are delighted to hear from you. You have an important task before you and we will be delighted to hear your comments on this subject. STATEMENT OF SARAH V. HART, DIRECTOR, NATIONAL INSTITUTE OF JUSTICE, DEPARTMENT OF JUSTICE, WASHINGTON, D.C. Ms. Hart. Thank you very much, Mr. Chairman. I am very, very pleased to be here today to discuss two very important topics--the President's initiative, Advancing Justice Through DNA Technology, and also support for other forensic sciences. Everyday, we read about how DNA has solved previously unsolvable crime, linked seemingly unrelated crime, and identified serial predators. In my hometown of Philadelphia, a serial rapist, dubbed the Center City Rapist, murdered a Wharton graduate student and raped several other women. Over a year later, DNA evidence tied these Philadelphia rapes to a series of rapes in Colorado. This gave the police a key piece of information. They were looking for somebody who was in these two locations at these specific periods of time. Armed with this information, they identified a suspect. DNA confirmed his guilt. He pled guilty to all of his crimes and all of the rape survivors were spared the trauma of a trial. Without DNA evidence, those crimes would not have been solved. Unfortunately, the power of this technology to advance justice has been limited due to insufficient funding, insufficient laboratory capacity, information systems that are inadequate, overwhelming caseloads, and a lack of training. Despite a substantial Federal effort to reduce the backlog and improve crime labs, there are hundreds of thousands of DNA samples awaiting analysis, many of them, if not most of them, rape kits. This is plainly unacceptable and it is wrong. The President's DNA Initiative is a 5-year, over $1 billion plan to eliminate backlogs and prevent them from occurring in the future. I have provided the specifics of the President's initiative in my written testimony, but this comprehensive strategy includes all of the elements that you outlined, Senator Sessions. While the President's DNA Initiative is a comprehensive approach to building the Nation's capacity to use DNA evidence, the Justice Department continues to dedicate significant resources to enhance other areas of forensic science, such as fingerprint identification, the analysis of explosives, drugs, firearms, and arson. Many Department of Justice agencies have each invested millions of dollars to help equip and train Federal, State and local law enforcement, and to fund research into new forensic technology. A stunning example of this is the FBI's Integrated Automated Fingerprinting Identification System. We all know it as IAFIS. To illustrate, in just 1 day last week, on July 23, IAFIS processed nearly 67,000 sets of fingerprints from Federal, State and local law enforcement agencies. This included over 38,000 sets of criminal fingerprints, with an average response time of 53 minutes. The ATF's National Integrated Ballistic Information Network program--we call it NIBIN--helps State and local agencies solve firearm-related violent crime. Since fiscal year 2001, ATF has spent over $73 million on the NIBIN program. A significant portion of this funding directly supplies State and local law enforcement agencies with NIBIN equipment. The President has also directed the creation of a National Forensic Science Commission, to make recommendations on maximizing the use of all forensic sciences in law enforcement. The National Institute of Justice has also funded over $15 million in research and development projects involving forensic tools and techniques other than DNA. For example, we have funded elemental analysis of glass and paint materials, improved software for testing evidence from seized computers, development of three-dimensional bullet profiles, and teleforensic projects, just to name a few. In the last several years, NIJ has also provided over $94 million under its Crime Laboratory Improvement Program. At the same time, the Bureau of Justice Assistance has provided more than $30 million through 234 specific local law enforcement block grants to States and localities for crime lab improvement, non-DNA forensic technology and equipment, and forensic training. Since fiscal year 1995, the Bureau of Justice Statistics has provided nearly $400 million to improve our Nation's criminal records and information databases, and this information is also used by crime labs in solving crime. We at the Department of Justice recognize that most of the law enforcement and prosecution in this Nation occurs at the State and local levels. Having been a prosecutor for 16 years in Philadelphia, I especially know this. At the same time, we will continue to support State and local crime labs in their non-DNA forensics, as well as their forensic DNA work. This joint approach will help bring the guilty to justice, eliminate innocent suspects, and ensure public safety. Thank you very much, Mr. Chairman, and I would be very pleased to answer any questions you may have. Chairman Sessions. Thank you, and well stated. Would you have an estimate just for perspective here--and I certainly wouldn't hold you to it, but how many scientific analysis requests were made by the Philadelphia Police Department and DA's office as compared to the Federal officials in Philadelphia? Ms. Hart. I remember when I was a prosecutor, I used to mention, Mr. Chairman, that we prosecuted more crimes in Philadelphia than the entire Federal Government did. Now, I realize that our DUIs might not have been comparable to some of the more complex cases. But, yes, that was the bulk of crime. Chairman Sessions. But they frequently had drugs involved, so you have to have a chemical analysis of the drug. Ms. Hart. That is correct. Chairman Sessions. Fingerprints on a robbery, maybe, or blood on assaults, and firearms. Ms. Hart. Well, it is interesting that you should bring up the Philadelphia crime lab. I think it is a good example of some of the problems that we are facing in this country. Even though you mentioned that Philadelphia had a relatively low DNA backlog, Philadelphia has done that by simply funding half of the analysis for DNA. So although they have half of the crime of the State of Pennsylvania, none of their DNA cases are going into the CODIS databank. All they are doing is comparing it with known suspects and other cases in Philadelphia. They are not comparing that DNA to convicted offender profiles. They are not comparing it to see whether it is occurring in another county or across the State, whether there are related crimes. Frankly, that is not the kind of system that you want. You want to be able to encourage these labs, especially these major labs that are handling large volumes of crime, to be able to make use of this Federal database that is such a powerful tool. Chairman Sessions. Will the President's proposal allow funding for those kinds of things, too? Ms. Hart. It would allow it for the local laboratories directly, yes. One of the problems we found is that by funding it directly to the States, most of the money was going to the State labs and the big jurisdictions were not getting the money. So, for example, in Los Angeles we saw the unfortunate circumstance of thousands of crime scene samples being thrown away because they had not been tested for years. I can't begin to imagine what those thousands of rape survivors must be thinking after going through all of that to have the evidence taken and have a rape kit, only to learn that the system has thrown the evidence away and nothing will happen. Chairman Sessions. That is not acceptable. Tell me again what it is--for those laypersons that will be listening, what it is that Philadelphia is doing and what they further could and should be doing, and explain why that is important. I think I know, but I would like to get it straight. Ms. Hart. Well, if I may just first say I don't mean to pick on Philadelphia. Chairman Sessions. Absolutely. We have got problems all over America, but it is something you know because you have been there. Ms. Hart. Right. A very, very committed bunch of people are working with limited resources. They are not getting direct Federal funding. So what they are doing at this point is that you have a lab that is only doing--instead of doing analysis of the 13 loci that are required to go into the database, they are only doing 7; they are only doing half of that. Now, that is enough to tell you with very, very good precision whether that particular person matches somebody else, but it is not consistent with the quality assurance requirements of the FBI's CODIS requirement. Chairman Sessions. The FBI's CODIS requirement is the national index? Ms. Hart. Yes. I am glad you are explaining for me and I appreciate the help. We tend to all speak in acronyms and I apologize for doing it here. Mr. Chairman, as you know, the Combined Offender DNA Index System, I think it is called, is comprised of a variety of systems. You have what we call LDIS, which is your local DNA system where people like Philadelphia can put it into their local databank. Usually, those get uploaded into State systems, which are SDIS. And then the State can send their stuff--if it meets the requirements of the Federal law and the FBI's quality assurance guidelines--they can upload that into the national database, the NDIS. What happens is you have a lot of DNA profiles out there that are not getting into the national database. So, for example, Virginia, which has many arrestees and juveniles-- many, many profiles that they have cannot be uploaded into the national database. What you have is a lot of jurisdictions who are aware that there are all these other databases out there developing a system of faxing requests out to each lab. Each lab will input it separately and do a search and give that information back, but a very inefficient system that wastes a lot of very valuable law enforcement and crime lab time. Chairman Sessions. Because they don't do the complete analysis of the DNA material and they don't have a sufficient quality analysis, the FBI will not accept it for their system and it is not in the national system. Ms. Hart. That is correct. Chairman Sessions. I am going to ask a question. It seems to me we need to confront this proliferation of systems. I mean, Pennsylvania has a system, the city of Philadelphia, the FBI has a system. It seems like it is a tremendous cost. We ought to be able to use one system that everybody could inquire of, and then you wouldn't have to worry about whether or not it was in some other State. Ms. Hart. With the President's proposal, I think these issues will very much be addressed. I mean, ultimately the collection of evidence occurs at the local system, and you need to have that go up ultimately to the Federal system. What you want to make sure of is that at the local system, when testing is being done, that it is being done in a quality way and it is meeting national guidelines. At the same time, we need amendments to the Federal law to permit States to send in all of their lawfully-collected samples so that we don't have this proliferation of separate databases. Chairman Sessions. Well, I would agree with that. What about the States that have basically caught up on DNA? Are they able to access any of the money under the bill as it is now written? Ms. Hart. Well, we are working with Congress on the legislation. Nothing has been introduced yet, but I think everybody who is involved with this is very mindful of the fact that you would certainly not want to penalize the States that have done it right. We want to make sure that we eliminate these backlogs. We want to make sure that no rape victim feels that their evidence has not been tested. They should know that the system was trying to find the perpetrator. But at the same time, every system frankly can use improvement and use help. We still have significant backlogs throughout the country not only in case work samples and convicted offender samples, but a very, very significant backlog in what we call the owed samples. We suspect it to be about a half million to a million samples that the State law requires that they be collected, but, in fact, they have not been collected. Chairman Sessions. I think Federal law has a 5-year statute of limitations on almost every crime, except maybe murder. Let's say there was a serious assault and DNA was taken and it did not produce a hit. Eight years later, an individual commits another serious assault or murder or rape and their DNA goes in the system and, bingo, this is conclusive proof that this was the person that committed that crime. Under Federal law, what would happen to that defendant on the first charge? Ms. Hart. At this point, they could not be prosecuted if it was too old. You bring up a very good point. There was also a recent case in Philadelphia, a 1986 rape and homicide of 10- year old Heather Coffin that was just solved a few weeks ago. The defendant was arrested just a few weeks ago and pled guilty right away to the crime. The reason that case could be prosecuted was it was a homicide and there are no statute of limitations for homicide. But if that had only been a rape and not a homicide, there is still a very compelling interest in being allowed to prosecute that case. The evidence didn't go stale. The many reasons that you often have a statute of limitations bar are to deal with issues that witness's recollection isn't as good down the road. The evidence may become stale. The unique thing with DNA is that evidence does not become less reliable or less persuasive. It is equally reliable whether it is day 1 or year 50, and for that reason-- Chairman Sessions. So it will remain valid for 50 years? Ms. Hart. If you do that sample, 50 years down the road you can do that. Chairman Sessions. Yes. Ms. Hart. In fact, you are seeing some old testing where, for example, the Romanov family was recently identified in Russia through mitochondrial DNA testing. Those murders were done, I believe, not quite 100 years ago. So it is a very remarkable technology that is able to solve things and give us answers that we didn't anticipate we would get before. Chairman Sessions. Well, I think we need to deal with the statute of limitations question. For serious crimes of violence, that is particularly important because, unfortunately, people who commit crimes of violence--rape, pedophilia--tend to do it again. I don't know what the numbers would be, but if you go out and take a cohort of people who have committed a serious assault and a cohort who have not, there would be probably 50 times as many second assaults committed by the first group. I believe that is one of the reasons we have done some good with crime prevention in America through the repeat offender laws. We are identifying those repeat offenders and they are serving longer time. It may not be perfectly in accord with reality, but basically it works in hammering away at the repeat offenders. The thought that someone could get away from a very serious crime because they were 5 years and 1 day late before it was discovered is not acceptable to, I think, most Americans. With regard to the funds that are there and how they can be used, would you support language that would help laboratories who don't have DNA backlogs or who could show they don't need it all on DNA to use it on something else? Ms. Hart. Well, the President's initiative contemplates capacity-building for crime labs, and much of the proposals, the things that we are looking at, have application across the board to help crime labs in a variety of ways with other types of evidence. One of the things that we think is very important for crime labs to have is laboratory information management systems. We call them LIMS. If you think about it, we go to supermarkets and you see all of your inventory that is controlled with a bar code and people can know where stuff is and what is happening and who has bought what. But if you go to most crime labs, you will see people, very highly trained scientists, hand-writing out form after form after form. Some of the basic technologies for managing that evidence, such as using bar codes and computer systems, are missing from some of the crime labs. Those kinds of improvements would go across the board both to DNA and non-DNA evidence. Also, it would free up a significant amount of staff time that can be devoted to other things. In addition, the President's proposal also talks about evidence storage. The reason that we have such a difficult time getting a handle on the DNA backlog is because it appears that almost all of it is sitting on police shelves and not at the crime labs. That is because the crime labs lack the kind of storage capacity for the evidence. Chairman Sessions. Director Hart, is there a definition of what a backlog is? Ms. Hart. I don't think any formal one. Chairman Sessions. Is it a month, a week, or 6 months? Ms. Hart. I think at this point people are counting what is sitting on the shelves. And you are right. I think your point is a very good one. If it is sitting there for a day, it is a little hard to say that is really a backlog because in the best of all circumstances, there is going to be a certain amount that sits there. So it is not so much the amount, but how long it has been there. In other words, if you are able to process 10,000 cases a week and you have 10,000 cases sitting there, it would be a little misleading to say there is a backlog of 10,000 cases. So it is difficult to put a handle on it, especially because so much of this is not actually in the crime lab. Chairman Sessions. Director Hart, you note either in this testimony or in the House testimony that you gave that you have hopes, or we have the capacity to develop new systems that would allow the processing of DNA in minutes rather than hours, with less people and more accuracy. What can you tell us about that? And I would just add parenthetically that I am a very strong believer that a person in your position that is supporting, in a way, law enforcement throughout America--that research to help bring online rapidly something that would help every laboratory in America reduce their costs would be a wonderful thing to promote. Ms. Hart. When I talk about this, Mr. Chairman, I often give the example about when I was a child and somebody told me that there would be a computer in every house. And at the time, the computer was about the size of a garage, and I just laughed. I thought that was ridiculous, that nobody would ever be able to afford it, and why would you have something of that size. If somebody had told me then that we would have actually more than one computer in my house, I wouldn't have believed it. But the reason we got there was because we made them smaller, we made them faster, we made them cheaper, and we made them easy to use. That is what we need to be doing in law enforcement for DNA. We have a kind of mantra, which is ``faster, better, cheaper.'' What you want is for DNA to be able to be used as a routine law enforcement tool, and that means it has to be cost- effective and it has to be relatively inexpensive. Portability is the ideal that we would like to have, something very small and very precise. So our research funding is directed that way. We are developing DNA on a chip which uses nano technology to reduce the amount of time to do a DNA test. That was the funding we provided to MIT's Whitehead Institute to develop that, and we are working with NIST, also, to try and bring that up to speed so that we can start using it. So that is one of our goals here. If we want to make this a routine law enforcement tool, which is what the President's vision is, we need to make it very accessible, easy to use, and inexpensive. Chairman Sessions. How close are we to significantly improved processing equipment? Ms. Hart. We are a ways out on this particular chip. We are making advances all the time with DNA. One of the major advances that we had, for example, within just the last year followed out of the September 11 tragedy and the World Trade Center. We were faced with that with a very unprecedented DNA question, which was how do you identify so many human remains? With so many potential victims, how do you sort everybody out? And here you had families who were desperate to have their loved ones identified. We had the Nation's experts from all around the country come in; many volunteered their time. As a result of that tragedy, we have had major advances in the science of how to analyze degraded remains from that. The science of DNA is moving so rapidly. Some of it is being developed in the private sector, some in the public sector. We try and leverage funds wherever we can, but there are major advances going on in this. Chairman Sessions. Well, you know, if it is pretty clear that a new technique could reduce time and cost of DNA or cocaine analysis or anything else, I think we really ought to put the money into getting that down, helping the users get it as soon as possible, because it will just save the system money and make it work better. Thank you for your testimony and for your leadership. I guess with regard to research and improvement of the system, do you believe we need to be doing that for the other areas of forensic analysis, other than just DNA? Ms. Hart. Absolutely, and we continue to support it and we will. Chairman Sessions. One of the things you are going to need to wrestle with and all of us need to wrestle with is all these different databases. The ATF has got theirs. They used to have a fight with the FBI, you know, over guns analysis. I think they have settled that, and a waste of taxpayers' money to an unnecessary degree. DEA has a drug database, Customs has a database, the Philadelphia Police Department has a database. Everybody has got them, and one of the things I would like to spend some time on in the months to come is analyzing how we can make that better, make the whole system that needs to be national be available nationally. For example, it is a secret who are here illegally. At least that is my little way of saying it. We have found that INS does not put their fugitive warrants in the NCIC, and no police officer that stops somebody on the road is going to think to call the local INS office before they let somebody go. They should be in there if they have got a warrant for their arrest or they are a fugitive. I think we have got a lot of work to do on making that system be as powerful as it could be. As a person who spent a lot of years in law enforcement, I am well aware, as you noted in your opening comments, that these hits on older cases help solve more crimes than most people ever know. It really has helped us identify repeat, dangerous offenders and get them off the streets, and has been a reason for the declining crime rate, I think. Do you have anything else? Ms. Hart. No. Thank you very much for inviting us. Chairman Sessions. Thank you for your leadership. Ms. Hart. We appreciate it. Thank you. [The prepared statement of Ms. Hart follows:] Chairman Sessions. We will bring up the next group. The next group will include Susan Hart Johns who is the Bureau Chief of the Illinois State Police Division of Forensics and currently serves as President of the American Society of Crime Laboratory Directors and Administrators. She has worked as a laboratory analyst and a laboratory director, and has been active in the field of forensics for 25 years. Come on and you can be seated. If there are name cards, we will put them out. Dr. Michael Baden is a board-certified forensic pathologist and former chief medical examiner for New York City. How many books have you written, Dr. Baden? Dr. Baden. A few, sir. Chairman Sessions. He is the author of Dead Reckoning: The New Science of Catching Killers. You could probably write some individual case stories. In addition to maintaining a private practice, he is the Co-Director of the New York State Police Medicolegal Investigative Unit and has served as President of the Society of Medical Jurisprudence and Vice President of the American Academy of Forensic Sciences. As an expert in forensic pathology, Dr. Baden has been involved as an expert in numerous cases of interest, including the assassination of Dr. Martin Luther King, the death of John Belushi, and the examination of the remains of Czar Nicholas, of Russia, and family. Peter Neufeld is a co-founder and Director of the Innocence Project at the Benjamin Cardozo School of Law, Yeshiva University. An expert on DNA evidence, Mr. Neufeld is Co-Chair of the National Association of Criminal Defense Lawyers' DNA Task Force. In 1995, he was appointed by the New York State Governor's Office to the Commission on Forensic Science, which regulates all State and local crime laboratories. Mr. Neufeld obtained his law degree from the New York University School of Law in 1975. Chairman Sessions. Mr. Randy Hillman was the chief assistant district attorney in Shelby County, Alabama. Mr. Hillman. Yes, sir. Chairman Sessions. And currently serves as Executive Director of the Alabama District Attorney's Association. He graduated from Cumberland School of Law and entered the private practice of law in Mobile, Alabama. From there, Mr. Hillman practiced as an assistant district attorney in Shelby and Jefferson County, Alabama, before leaving the DA's office in Shelby, Bessemer Division. Now, he is the Executive Director of the State Association. So he brings the perspective of the district attorneys themselves and as a hands-on prosecutor who dealt with cases personally. Mr. Frank Clark is the District Attorney in Erie County, New York, and has been in that position since 1997. Prior to that, he was Deputy District Attorney in Erie County and served as the Chief of the Organized Crime Drug Enforcement Task Force in western New York for 5 years and as the chief of the Violent Felony Bureau in the Erie County District Attorney's Office. Mr. Clark is a decorated veteran of the Vietnam War, where he earned the rank of captain. Ms. Rosemary Serra is currently a stay-at-home mom, retired after 20 years from Federal Express as an operations manager. She is one of millions of people in this country who have been victims of crime. Her victimization was due to the murder of her sister, Penny, and today she will tell us about her experiences. Ms. Serra, you will start off and give us a perspective from the world where people lose loved ones as a result of crime and how that, in your opinion, impacts forensic science analysis. STATEMENT OF ROSEMARY SERRA, NEW HAVEN, CONNECTICUT Ms. Serra. Mr. Chairman, Members of the Committee, I was a victim for 28 years. On July 16, 1973, my only sibling, 21- year-old Penny Serra, was stabbed to death on a sunny afternoon in a parking garage not more than 2 miles from her home. Penny was not only my sister and best friend, but also my surrogate mother, since our own mom had died when I was 6 and she was 11. Although the murderer left behind a calling card of evidence, he was not apprehended until June 1999, 29 years after the murder, almost to the day of Penny's death. During those days, I graduated from high school, attended college, dealt with the false arrest of a person who the police suspected murdered my sister, an acquittal, four primary suspects, my father's death, and my becoming an adult. Although at the time of the murder DNA was not more than letters of the alphabet, the crime scene investigators took meticulous care in collecting, preserving, and logging the evidence found at the scene. Throughout the next 26 years, the key pieces of evidence--a tissue box with a thumb print, a hanky with fluid, paint chips, and a bloody parking ticket-- were hauled from the police department to the chief State's attorney's office, from one forensic lab to the next. From 1973, and for close to three decades, this evidence went through every technological advance of testing that was available. Literally thousands of manpower hours were spent in laboratories from coast to coast. The fingerprint on the tissue box seemed to always split the investigation into two schools of thought. One was that the print was that of the assailant; the other was the murder was a crime of passion. Hence, the fingerprint was not a key factor. Both theories were pursued vigorously. As years went by, my father's perseverance on keeping the case active was heart-wrenching but successful. I, however, had lost faith of ever finding my sister's murderer. My life as I knew it was over and the hope of closure seemed to diminish as years passed. However, unknown to me as I was trying to build a new life, strangers were working furiously to find my sister's murderer. Christopher Grice, a forensic lab technician in Connecticut, is just one of those individuals. On July 30, 1994, Mr. Edward R. Grant was fighting with his girlfriend. After a heated exchange that took place at her home in a nearby town in Connecticut, Grant beat his girlfriend enough that she filed charges with the local police department. Grant was taken into custody and booked on an assault charge. His fingerprints were taken as part of routine police procedure and entered into the FBI regional fingerprint database. Christopher Grice, working from the Connecticut State Police Forensic Science Laboratory in Meriden, had been involved with our case since the early days of the investigation. Then a print specialist in the detective bureau of the New Haven Police Department, Grice had memorized the whirls and ridges of the thumb print found on my sister's Kleenex box. As he sifted through literally thousands of prints for a match, of course, at the time no computer database for criminal fingerprints existed. There were just dedicated individuals hovering over black and white cards, tracing an individual's unique markings. Mr. Grice, who now administers the Automated Fingerprint Identification System, routinely runs checks for all of the unidentified prints associated with unsolved cases in the State. This was the process he undertook in July of 1997, 3 years after Grant's arrest. Several possible matches were found in respect to my sister's murder case, and by process of elimination Edward R. Grant's print appeared on the screen with a match of at least 12 points. After 3 years of tireless effort, the State prosecutor and his team built a strong forensic case against Grant and we entered superior court armed with everything but a motive. The print on the tissue box was unquestionably Grant's. The DNA in the blood on the parking ticket matched Grant's DNA by a ratio of greater than 1 in 1 billion. The paint chip, which we did not realize at the time was a paint chip, which was found at the scene matched the paint used at the auto body shop which Grant owned. Edward R. Grant was prosecuted and convicted in May 2002 solely on forensic science. He is now serving a 25-year sentence for the murder of my sister, and hopefully will never see another day of freedom. On the day of Grant's sentencing, my long-awaited ache for closure was achieved and my days of being a victim were over. In the past year, I have adopted a beautiful daughter, Jessica Anne, and look forward to new beginnings. This story could have died along with my sister if it were not for the qualified and dedicated personnel who worked on this case, or the wide spectrum of forensic science analysis available in this country. Edward Grant would still be walking the streets a free man and I would still be looking over my shoulder for the person who stole my youth and my beloved sister. I am not a scientist and would be lying if I said I understood the mechanics of forensic science. I am just one of many who depend on forensic science professionals for justice. To spend government money solely on DNA would be a travesty and an injustice to all the victims and families with unsolved cases in this country. Please think of Penny Serra when you think of forensic science, and be aware that this case, along with 50 percent of all other homicides, cannot be prosecuted on DNA alone. I would like to submit my written statement for the record, and I thank you for your time. Chairman Sessions. Thank you for that impressive story. It brings a human face to what these people do, so many do everyday, and it saves lives and brings justice and closure for a lot of victims of crime. We thank you for sharing that with us very, very much. Just one question. It was the fingerprint that got the original hit confirmed by the DNA and the paint. Would that be correct? Ms. Serra. Exactly. If it was not for the fingerprint, it was a needle in a haystack. He would have never been arrested. [The prepared statement of Ms. Serra appears as a submission for the record.] Chairman Sessions. All right, let's see. I guess we will just start at the left with Randy Hillman. It is good to see you again and we are glad that you are here and glad that Robbie was able to come, too. Share your thoughts with us, and I think you have a story to share, too, about how this can save lives. STATEMENT OF RANDALL HILLMAN, EXECUTIVE DIRECTOR, ALABAMA DISTRICT ATTORNEY'S ASSOCIATION, MONTGOMERY, ALABAMA Mr. Hillman. Yes, sir. First, Senator, let me thank you for asking us to be here and represent the perspective of the prosecutors. One of my brothers is down here from New York and I am sure he can tell you a lot of what prosecutors face with forensics as well. First, let me very quickly clarify my background. I spent 3 years between Jefferson and Shelby Counties as an assistant DA, and then I spent 9 years as the chief assistant for Mr. Robbie Owens, behind me. Eighteen months ago, I assumed this job, which is the Director of the Alabama District Attorney's Association. Now, it is my responsibility to represent all 42 DAs throughout the State of Alabama. I have been in the trenches. I have tried, I can't tell you how many felony cases, misdemeanors. I have spanned the whole gamut of prosecution. I can't tell you how important it is that we fund all areas of forensics. DNA is a good thing. I applaud the President and the other people for what they are trying to do, but DNA makes up a very small part of what we deal with everyday. The majority of our cases in forensic sciences deal with the other disciplines. Fingerprints, questioned documents, and drugs are a major part of what we deal with everyday. Without forensics, I don't think there would be any question amongst here that the criminal justice system would absolutely shut down. Let me talk very quickly about Alabama. The Administrative Office of Courts in Alabama, their numbers show that between 1990 and 2000, just in Alabama, our caseload felonies went up by 54 percent over the previous 10-year period of time. Taylor Nogel, who is the Director of the Alabama Department of Forensic Sciences, says we have more work than we can possibly do; we are just swamped. All of his disciplines-- toxicology, fingerprints, drug chemistry, ballistics, firearms, trace evidence--all of those disciplines are severely underfunded and overworked. In Alabama, I did kind of an informal survey of all of our prosecutors. We estimate that somewhere around 40 percent of our caseload, of our dockets, are directly drug cases. Those are the possessions, the trafficking, the manufacturers. Methamphetamine is a huge problem for us now. We get clandestine labs out there in the rural parts of our counties. Forensic workers have to go out and process these labs because they are so dangerous. We have currently--and I think you said it in your statement earlier, Mr. Chairman--we have somewhere around 12,000 cases that are backlogged for just our drug chemistry section in the State of Alabama. One other point. Ms. Serra was talking about the fingerprint analysis. In Alabama, we have one fingerprint analyst in the whole State. We just cannot continue to do our business when they are at that level, when forensics is at that level. What happens--and it is a trickle-down effect--when forensics gets behind, then it clogs our dockets; it puts us way far behind. For example, Robbie, sitting behind me--Shelby County has somewhere between 165 and 170,000 people. We process roughly 2,000 to 2,200 felonies a year. Right now, we have a pending backlog of 1,000 felonies sitting there waiting on trial. Most of them are waiting on forensic reports. Not only does it stymie the criminal justice system, not only does it slow it way down, but is also causes other problems for us. During that wait, during that period of time between--let's say there is an initial arrest and the time that the samples come back from the Department of Forensic Sciences. We are running more and more into problems with the defendant being out there on the street causing or committing other crimes. Two examples, and I will be very brief with these. Crenshaw County, Alabama. Last August, a defendant was out on bond from a distribution of cocaine charge, had been out on bond almost a year. It was 11 months before the toxicology report came back on his particular case. Chairman Sessions. Not indicted, but released after arrest? Mr. Hillman. I am not sure if he was indicted or not, Senator. Most of the time, we do not indict cases. There is an arrest and we sit back, or oftentimes cases are brought to grand jury first. Chairman Sessions. But the question is, without the chemical analysis, some district attorneys will not indict. Some will make the indictment, but they can't go to trial until they have scientific confirmation that the substance is a drug. Mr. Hillman. Right. Chairman Sessions. So, somehow, the analysis hasn't come back on this case 11 months later? Mr. Hillman. Yes, sir. It was still with the Department of Forensic Sciences. In that interim, this defendant went to his girlfriend's house and spent the entire day, started at seven o'clock that morning and went until nine o'clock that evening, systematically murdering six members of her family. As each would come home, he would murder that person--six people over the course of 1 day. Had we gotten that tox report back a little bit sooner, maybe we could have done something to prevent that. Chairman Sessions. I would note I think that is the largest mass, serial murder in 1 day in Alabama history. And I think it is possible that had the report been readily available, and there had not been a backlog, he might have been serving time for distributing cocaine rather than being out there murdering people. Mr. Hillman. Yes, sir. Chairman Sessions. I thank you for sharing that story. Mr. Hillman. Yes, sir. Chairman Sessions. And that happens to a much less dramatic degree all over America everyday when cases sit for long periods of time. Mr. Hillman. Yes, sir. Chairman Sessions. Go ahead. Mr. Hillman. One other very quick example. Covington County, Alabama. A defendant is arrested in January. The drug that he is charged with possessing and trafficking in, a large quantity of methamphetamine, is submitted to the Department of Forensic Sciences for analysis. Seven months later, he takes a plastic garbage bag and puts it over his 7-year-old daughter's head and suffocates her to death. Ultimately, that sample took us 16 months to get back. Mind you, I am not disparaging the people who are doing this work. They are just swamped and don't have the ability to do what they are asked to do. The unseen aspect of all this--you hear about the violent crimes that are occurring while people are out on bond. What society does not understand about what we see everyday is the drug offenders. That is the big problem. You will arrest a drug offender for selling cocaine. He makes bond, he gets back out on the street. He can go and do this again and again and again, and if he is caught, he will go back through the same process while we are waiting on the tox reports to come back. You have multiple, multiple victims, often young, often children, from that set of circumstances, and people don't often see that and I would very much like for this Committee to know that. Chairman Sessions. Mr. Hillman, you will wrap up fairly quickly and we will-- Mr. Hillman. Yes, sir. I am sorry. Chairman Sessions. This has been fascinating, but we have got a good panel here. Mr. Hillman. I apologize. Chairman Sessions. That is all right. Mr. Hillman. One final thing is investigations. We are stymied oftentimes with investigations; for example, DUI murder, DUI homicide, those types of cases. The intoxication, whether it be on alcohol or controlled substances--that is the main element of the offense. It is taking us anywhere from 9 months to 12 months to get a toxicology report back from the Department of Forensic Sciences. Meanwhile, the victim's family and the defendant are out there. Oftentimes, the defendant is on bond. The victim's family is just lost until we can establish if this defendant was intoxicated, and that is a tragedy that we shouldn't have to go through. One last statement, if I may, please, sir. This Committee and this body has a chance to do something that prosecutors rarely get the chance to do. You have a chance to make a difference up front. You have a chance to help us be proactive and prevent some of these things from happening. Ninety-nine percent of the time as prosecutors we react and we don't get a chance to prevent things from happening. You all have the chance to do that and I would respectfully ask that you do. Chairman Sessions. Thank you very much. It is just important to know that steps in investigation are not going to be taken until the toxicology reports or the reports come back. Indictments can't be returned, people can't be arrested, trials can't be held. The whole system is dependent on getting these reports in, and for every one dramatic case there may be thousands of others which, if not dealt with promptly, could become another dramatic case. [The prepared statement of Mr. Hillman appears as a submission for the record.] Chairman Sessions. Ms. Johns, you are the President of the American Society of Crime Lab Directors. We are delighted that you can be with us. Give us your thoughts, please. STATEMENT OF SUSAN HART JOHNS, PRESIDENT, AMERICAN SOCIETY OF CRIME LABORATORY DIRECTORS (ASCLD), SPRINGFIELD, ILLINOIS Ms. Johns. Thank you very much for the honor and privilege of testifying today. Like you said, I have been in the crime laboratory for 25 years. I have analyzed evidence, I have presented my findings in court. I have also been a laboratory director, managing resources, and currently I am responsible for our Westchester and Chicago laboratories. Today, I am here speaking as the ASCLD president, but I am also speaking as a lab director and a member of the forensic community, and I am speaking in support of providing funding for all forensic disciplines in the crime laboratory. Many of the examples or remarks I was going to make you have already covered in your opening remarks, so I might skip over them. But I do want to make the point that our crime laboratories analyze evidence, and that is a critical element of the criminal justice system. I once heard forensic laboratories referred to as the B team in criminal justice. While more visible front-liners are seen as essential, the crime laboratory is relegated to a support position, expendable when times are rough. And we are in rough times when it comes to State and local funding for forensic resources. Like you said, the majority of the cases worked in this country are worked in State and local crime laboratories. You gave the same examples I was going to use, in that these rough times have resulted in crime laboratory closings and in layoffs in talented and trained personnel. Mr. Chairman, resources have an impact on the quality of the work being done in our laboratory. ASCLD supports accreditation, but not all of our members are accredited, and the reasons given for not being accredited are related to resources both in the personnel needed and in the costs of the program itself. I personally believe the cost of not being accredited far exceeds the cost of accreditation. As you have mentioned and given numerous examples, the lack of resources causes a bottleneck and significant delays. Crime laboratories analyze all types of evidence. As of July of this year, there were 237 laboratories accredited by the American Society of Crime Laboratory Director's Laboratory Accreditation Board. Eighty-three percent of those laboratories have accredited sections which analyze for controlled substances. Sixty-one percent of those laboratories have firearm sections, 59 percent have sections which analyze trace evidence, 58 percent have forensic biology/DNA sections, and 49 have latent fingerprint sections. My submitted report has a full list of all of those areas accredited. Problems in laboratories are not unique to evidence type. Backlogs--and it is interesting you did ask what a backlog was, and it can be defined, but backlogs are created when evidence is submitted to the laboratory faster than it can be analyzed. Not all evidence, though, has the same requirements for training, equipment, personnel, and facilities. I would like to emphasize one thing, also. Workload is different than backlog. We don't get to choose the type of analysis that we perform. It works the other way around. The evidence that is presented to us determines or dictates what types of analyses are performed. In Illinois this year, our workload has been more than 55,000 cases. Seventy-two percent of those cases--now, this is the workload, the cases coming into the laboratory--required drug analysis. Eight percent need latent fingerprint analysis, 5 percent need toxicology analysis, 4 percent need firearms, and 3.8 need what I will call forensic biology. Let me clarify what forensic biology is. Forensic biology is you have to examine the material presented for body fluid type or what type it is. After you do that, approximately half of those samples or half of those cases yield a sample which is suitable for DNA analysis. So only approximately half of the 3.8 percent of the cases coming to the laboratory even have samples suitable for DNA analysis. I think that is an important point for you to note. I have polled our crime laboratories and, like you, have found similar numbers on the cases that are backlogged. I think assistance has been provided to the crime laboratory community through a variety of programs, to include the forensic resource network and grant programs from the National Institute of Justice. These programs have invaluable in assisting the community as a whole to address issues ranging from quality systems, training models, and accreditation and certification. But additional resources are needed, and the lack of resources is the common denominator for crime laboratories. There is no one-size-fits-all approach that will address our problems. There are differences in the types of evidence used in criminal justice and each of those evidence types have different needs. Controlled substances, latent fingerprints, firearms, toxicology, trace evidence, and forensic biology DNA are all part of the crime laboratory. We need assistance that is flexible and can be used to address the full range of issues that we deal with in the laboratory. I would like to thank you on behalf of ASCLD and if you have any questions, I would be happy to try to answer them for you. [The prepared statement of Ms. Johns appears as a submission for the record.] Chairman Sessions. Thank you, and we will have some. Thank you for that good presentation. DA Clark? STATEMENT OF FRANK J. CLARK, DISTRICT ATTORNEY, ERIE COUNTY, NEW YORK, BUFFALO, NEW YORK Mr. Clark. Thank you, Mr. Chairman. Although it is sad, it is somewhat comforting for me to find out I am not standing alone in this problem. I would like, if I could, Mr. Chairman, to kind of focus in on what one urban area faces in this. We are a community of about 1 million people. I would say we probably have about 2,000 police officers, we have 100 prosecutors, and right now we have 16 technicians in our lab. It has got a $1.8 million-a- year budget. Chairman Sessions. You are not counting prison guards, probation officers, judges and their law clerks, and everybody else that deals with crime? Mr. Clark. No, sir. I am just talking about policemen on the street. Sixty percent of our $1.8 million budget comes from State and Federal grants, which means that our county only finances 40 percent of the lab. It gets requests from more than 50 agencies in our county, and we also handle requests from six neighboring counties which are much smaller and not able to afford those types of things themselves. I am going to kind of limit my comments in two areas; firearms, number one. In the city of Buffalo this year, for the first 6 months we have had over 1,000 shootings, which is up 30 percent from the average of the past 5 years. So we plainly have a problem. In every case that we have, operability obviously is something which has to be established when we are talking about possession of a firearm. So the lab has to do that test initially on every single firearm case we have. We have got a 72-hour time limit for a preliminary hearing. So all those tests have to be done within 72 hours, and the testimony. If you don't have it, we can't prove it. The preliminary hearing is denied and the person is released without bail--is exonerated and the person is released. If we are talking about more serious cases, felony cases-- shootings, robbery, assaults, even homicides--and we are trying to match a bullet or a casing to a weapon, that is only done on a priority basis. We have to establish the immediate priority of that particular request so the lab can get to it. Many such tests are never, ever performed simply because the backlog becomes too great. Let's talk about a weapon, a shooting. How about tying that weapon into other unsolved shootings? Simply not done. We have neither the time nor the resources to go back and do that. So but for the real profile case, tying that weapon into other unsolved shootings simply isn't done. I heard NIBIN mentioned before, which is a wonderful system. It is like a DNA database, except it is for weapons. We don't have time to do the tests and submit the information to NIBIN. We are too busy working on the cases that are pending. Chairman Sessions. Do you agree with that, Mr. Hillman? Mr. Hillman. Absolutely. Mr. Clark. So here we are. There are two of us facing the same problem. A databank which would serve all of our people so well isn't getting all the information it needs because we don't have the resources to do that. Chairman Sessions. Is that done by the laboratory or the DA's office? Mr. Clark. No, sir. That is done by the laboratory. all of that work is done by the laboratory. If we are talking about gun powder residue, if we want to test clothing to find out whether an individual fired a weapon, if we want to find out perhaps the distance between shooter and victim, we have no capability of doing that at all. That has to be farmed out to private laboratories, with greater expense--we have to pay for that--and then the time frame that follows. Drugs. Twenty-five percent of all of our cases are drugs. I am listening and it is like I am hearing myself. The New York State penal statutes and regulatory codes require that a certain formula be followed. So a procedure may taken an individual chemist hours, and you have to follow that for evidentiary purposes and accreditation purposes. You can't short-cut the system. So we try to do that and we can't do it. We don't test misdemeanors. If we had to test misdemeanor amounts, the backlog would be measured in years rather than days or months. So we simply don't do it. We have to test not only for the type of drug, but the degree of purity, the weight, et cetera. All is essential for us to establish elements of our narcotics statutes. Oftentimes, we need that for a preliminary hearing if the person is being held. Seventy-two hours from the arrest, we have to hold a preliminary hearing. The result is we are simply not prepared to do that. So those defendants are released and the bail is exonerated. We can present it directly to a grand jury, but that could be weeks or months. We don't even have the capability-- Chairman Sessions. And the defendant could be gone by that time. Mr. Clark. Oh, sure, gone, or as we heard here, sadly, committing other offenses while he is out. We don't even have the capability of testing for date rape drugs--Ecstasy, GHB, and things like that. We have to go to State or Federal facilities in order to do that, with all of the problems that attend it. I have given you some idea of the problems that we face everyday, day in and day out. Obviously, these things impact not only on the quality of proof that we are able to introduce during the course of a prosecution, but on the people's perception of what we should be doing. You mentioned earlier in your remarks that they see all these shows on television. It creates an expectation in them that the things we see in DNA exist across the board, and they simply don't. Often, sadly, the perception is that we are not doing all that we can do, when we have dedicated men and women that are working around the clock to do the very best job they can. Thank you, sir. [The prepared statement of Mr. Clark appears as a submission for the record.] Chairman Sessions. Well said. Dr. Baden? STATEMENT OF MICHAEL M. BADEN, M.D., DIRECTOR, MEDICOLEGAL INVESTIGATIONS UNIT, NEW YORK STATE POLICE, NEW YORK, NEW YORK Dr. Baden. Thank you very much, Mr. Chairman. Thank you for honoring me with having me testify before you. There will be 45 murders today in this country; more than a third will not be solved. Most of the autopsies will be performed by hospital pathologists who are well-trained in the examination of natural disease--heart disease, cancer--and not by forensic pathologists who have the additional training to specifically investigate trauma, homicide, and unnatural death. The hospital pathologist who performed the autopsy on John Kennedy made serious mistakes that linger with us 40 years later. I was the chief forensic pathologist for the U.S. House of Representatives Select Committee on Assassinations in the late 1970's that reexamined President Kennedy's death. In its final report in 1979, the Select Committee urged that medicolegal investigation offices and crime labs be improved nationally, because it was recognized then that many mistakes were made nationally, and even with the autopsy of the President of the United States. Nothing was done to that end until Coverdell brought hope to improving medical examiner offices and the forensic science community. Today, in the United States, there are more than 800,000 physicians. Less than 400 are full-time forensic pathologists. Some States have no forensic pathologists in the entire State. Mr. Chairman, I agree fully with your opening comments that crime labs around this country are in great trouble, and with in, the criminal justice system. Today, medical examiner offices and crime labs have the additional responsibilities that we didn't have in 1979 that we are the early-warning agencies for any death from acts of terrorism, from chemical or biological weapons. It is the medical examiner and the forensic scientist who must determine if a death is from anthrax, smallpox, SARS, cyanide, sarin gas. It is they who must recover the identifying bomb fragments or bullets from the body. We must develop, I believe, new forensic disciplines to meet these new threats, such as forensic infectious disease experts who are internists. Infectious agents with high contagion can spread globally very quickly and must be identified as quickly as possible for effective containment. The delay in identifying SARS in China resulted in global consequences. During the past 15 years, the development of DNA technology has been a wondrous addition to the medical community and to the ability of forensic scientists and police to investigate sex crimes and to identify the unknown death. But in my examination of the literature and DOJ statistics, less than 1 percent of all murders in this country involve sexual assault. They get a lot of publicity in the papers, but are small in number, fortunately. In my calculations, in less than 10 percent of murders does the perpetrator leave DNA evidence behind. Most murders are by gunshots from a distance. About 5 percent of crime labs' workload involves DNA analysis. Medical examiner offices and crime labs require properly trained forensic pathologists, crime scene investigators, criminalists, toxicologists, ballistics experts, fingerprint experts, odontologists, entomologists, anthropologists, as well as expertise in DNA analysis. The criminal justice system requires teamwork among all the forensic sciences to function properly. It is of interest the example Susan Hart Johns gave of the young University of Pennsylvania graduate student who was murdered in Philadelphia, whom they caught miraculously by DNA comparisons from rapes he did in another State. In that instance, the family has brought lawsuits against the Philadelphia police because they felt that they did not respond properly to her cries for help. They came, they wouldn't go in the door, they left. She was found dead. Training of police in how to respond to dangerous situations, domestic situations, how to collect evidence at the scene, is all part of what the forensic scientist initiative should include. The criminal justice system requires a national team of properly trained medical examiners and forensic scientists. Please consider all of the members of the team in your deliberations. To paraphrase Voltaire, we owe truth to all of the dead. Thank you, Mr. Chairman. [The prepared statement of Dr. Baden appears as a submission for the record.] Chairman Sessions. Thank you, Dr. Baden. Peter Neufeld. STATEMENT OF PETER NEUFELD, CO-DIRECTOR, INNOCENCE PROJECT, BENJAMIN N. CARDOZO SCHOOL OF LAW, YESHIVA UNIVERSITY, NEW YORK, NEW YORK Mr. Neufeld. Good afternoon, Senator Sessions. Thank you very much for permitting me to be here today. You might be surprised to know that I, too, agreed with everything you had to say at the beginning of these proceedings. I think your points were extremely well taken. Certainly, you know about the Innocence Project, and we will be the first to sing the praises of DNA technology and what it has done to bring truth to the criminal justice system, both in the pursuit of the guilty and also the clearing of the innocent. But we know firsthand that DNA plays a very small role in solving violent crime in this country. Even as much as we care about DNA technology and we want it to be used most effectively by law enforcement, we realize that even if we educated everybody about DNA and we had them using it in property crimes, as well as rapes and homicides, that nonetheless in at least 80 or 90 percent of the violent crimes there would be no biological evidence to test. If that is the reality, then the reality is that law enforcement has to rely on other forensic sciences to solve crime. It is as simple as that. I know that the sexiness of DNA has generated funds and generated all this concern nationwide, and we have been part of that as well. Obviously, whenever the public reads in a tabloid that a person who committed eight murders in Louisiana has been identified and apprehended through DNA, that is a big story. Or when somebody walks off of death after spending 20 years there for a crime he didn't commit, that is a big story. But it is all these other forensic disciplines that actually solve the overwhelming majority of crimes, and it just doesn't make any sense to give all the funding to DNA and not also give additional funding to these other forensic science disciplines. It is that simple. One of the things that we have learned from the wrongful conviction cases, Mr. Chairman, is that in over a third of those cases, the misapplication of forensic science played a critical role in sending an innocent person to prison or death row. What that means is this was not DNA testing; it was the other forensic science disciplines. These are cases that involve toxicology, involve ballistics, involve medical examiners' opinions, involve trace evidence, all those other disciplines. Some of the most famous involved hair. Twenty-one of our cases alone involved forensic scientists working in government laboratories stating that hairs matched when it turned out that they didn't match. We know and you know that every time they convict an innocent man, it is not just sending an innocent man to prison that is the problem. It is that the real bad guy is out there committing more crimes. So good forensic science makes sense from everybody's standpoint. We have seen so many cases where criminalists or crime lab personnel have wrongly excluded somebody. They have wrongly excluded a bad guy, and so a guy who committed a murder walks away from a crime even though he is guilty. If the laboratories had better funding, had better training, had better personnel, that would not have happened. So the bottom line is that bad forensic science is bad law enforcement. One of the things that we have been thinking about was a little bit different than what the other speakers have brought to you today: how to not only be concerned with providing additional funds to these different forensic disciplines, because God knows they need it and we certainly support that completely, but along with additional funding must go the responsibility of oversight, something that you are obviously very much educated about. Sure, Congress has to give these additional funds, but we are worried about the integrity of the results, as well, not just us, but obviously the public at large. A victim needs to know that when you have excluded somebody through toxicology or through trace evidence that you have excluded them professionally and you are not letting a guilty guy go. We all have to know that. One of the things that you have in the Federal Government that most States lack is you have oversight through the Office of the Inspector General. We all know about how the Inspector General has oversight over the FBI Crime Laboratory, and they can decide when it is appropriate to commence a forensic audit of something that went on there. We know how important forensic audits are in everything in life. When the space shuttle crashed, you didn't want it to be an in-house investigation by NASA. You folks in Congress demanded that it be an independent external audit. When the Enron scandal happened, people said, no, it can't be Enron or Arthur Andersen that looks into this; it has got to be an independent external audit. Well, the same things applies when there is some major mishap at a crime laboratory. You have it in the Federal Government, but these folks don't have it at the State level. Our suggestion is very simple and very inexpensive, and it goes like this: Allow the IG here at the DOJ which has expertise in this area to simply set up some guidelines, some parameters, and then allow each State on its own, because we do agree with you and the position that you have taken before as a matter of federalism that the running of the criminal justice system should be left to the States themselves to experiment with--so let the States come up with their own type of IG. It could be a different agency in each State, but there has to be some external, independent auditing mechanism in place, which means certain minimum Federal criteria, chosen by the States so that when there is a scandal--and my God, in the last year there have been more crime lab scandals in America, and you read about them in the newspapers, than in the preceding 5 years. In those scandals, it wasn't just about innocent people being wrongly prosecuted or convicted. More often than not, it was about guilty people going free because of laboratory sloppiness. So we need to have somebody who can look into it when it happens, not to point the finger, but to make recommendations so this kind of thing doesn't happen in the future. So we are going to suggest that one of things you might do, which is very inexpensive, would be to set up this kind of local auditing system. Let the States do it their own way, but have it certified by the Federal Government in exchange for the generous contributions and support that hopefully you will be a part of. Chairman Sessions. Thank you. I think that has some potential. You know that labs get complained of and most of the time the complaints are not true. They are doing a good job, but have to defend themselves. Perhaps you would like to have a national group that could be called in, known to be independent. If Alabama wanted to verify that its laboratory is operating according to the highest level, they could be called on to do an independent audit. What do you think of that, Ms. Johns? Ms. Johns. Well, actually, in my opinion, there are resources that-- Chairman Sessions. That is your accreditation process. Ms. Johns. Yes. That allows us to call in people external to our agency to come in and have outside eyes look at our processes and what we are doing in the laboratory. Chairman Sessions. Where do they come from? Ms. Johns. The American Society of Crime Laboratory Directors' accreditation is a not-for-profit organization that is comprised of--it has some full-time staff inspectors, but many of its inspectors are volunteer inspectors. I am an inspector for the ASCLD/LAB program, as well as a team captain, and I think it is an excellent, excellent program. I think that external audits can also be done contractually with some organizations such as the National Forensic Science Technology Center. So if you want to go hire someone to come in and audit your laboratory, you can contract with that agency to do that. I think this goes to my comments that I alluded to on accreditation. I really do feel that accreditation is something that our laboratories need, and that is what my colleague at the end of the table was speaking to, then I agree with that. I think that it is very, very important that we urge our laboratories to do that. Some of the problems in not getting evidence or DNA analyses into the database relate to laboratories not having external audits or reviews of the work they have done. That is one of the requirements of NDIS, and it could be one of the reasons that some laboratories are not getting their information into the database. Chairman Sessions. Thank you. Mr. Clark, you and Mr. Hillman are users of the--you are the customers, I guess, at one level. Mr. Clark. Yes, sir. Chairman Sessions. So are the police and sheriffs and deputies. I will start with you, Mr. Clark. Would you respond to the idea that if somebody were looking at this criminal justice system afresh and they realized that we had a shortage consistently of funding in the laboratory, which is critical to almost all of our cases moving forward, that even if they didn't have additional money, they would find some way to rearrange money to get it to the laboratories because it represents a bottleneck that undermines police departments and DAs' offices and court systems? Mr. Clark. WE have been for years robbing Peter to pay Paul to try and help them do that, Senator. I do feel that some of the Federal money that has been available recently has been a godsend to us. I think part of the problem is that we have to make people in local areas understand--those legislatures that control the purse strings have to understand the need. You have taken the time to do this today. I wish somebody in my area, and I wish somebody in Mr. Hillman's area would take the time to do this to realize how critical our need is. The county is only paying for 40 percent; you are paying for 60 percent. You are paying more for me than my own locality is, and that is not right. Chairman Sessions. Let's go back to the numbers you gave. About how many police and sheriffs and DAs? Mr. Clark. We have lots of policemen, we have lots of prosecutors, but we don't have many technicians to handle all that. Chairman Sessions. Their work is undermined, their work is effectively stymied as a result of a small lack in one part of this system. Would you agree? Mr. Clark. Yes, sir, that is true, and in many cases I am told that the COPS grant and things like that which put more policemen on the street don't consider laboratory technicians as law enforcement, so that they don't qualify under those grants of money. So what you are doing is helping in one sense. Policemen are going out on the street and making more arrests. It is just creating a bigger backlog in the labs. Chairman Sessions. Is that true, Ms. Johns, that lab technicians are not considered law enforcement for the purposes of COPS grants? Ms. Johns. I put it gracefully when I referred to us as the B team, but that is true. We are considered support personnel and most of these grants that he refers to do not address the crime laboratory problems. Chairman Sessions. That is something to think about, Mr. Clark. Mr. Hillman, you have been a user, also. Do you think in terms of priorities--let me just put it bluntly. In terms of priorities, do you think that improving the whole system could be effected better by working on the labs than almost any other part of it? Mr. Hillman. Yes, without question. It is probably the biggest cause of every delay that we have, and again not because these people aren't doing what they are supposed to do. They are just swamped. They don't have the time or the manpower to keep up with the system. Alabama grew 54 percent in 10 years. I can't tell you what their budget is, but it wasn't that much that it grew over that same 10-year period of time. And that stopped 3 1/2 years ago. Imagine where they are now. Chairman Sessions. Mr. Hillman, do you find that perhaps based on these television programs and that sort of thing that when you try a case, if there are five drops of blood on the scene and you test three of them, Mr. Neufeld would come in and say the real murderer was in those other two, why didn't you test those? Mr. Hillman. The general public now thinks that murderers-- their investigation, their processing at the lab, their arrest, the prosecution, and their incarceration occurs in 60 minutes. It just does not happen. It takes years sometimes. Chairman Sessions. Well, I was just kidding because people deserve vigorous defense and maybe the drops were somebody else's. But I think you have gotten to the point where we are testing--would you say, Mr. Clark, crime scenes are requiring more tests per crime scene than ever before? Mr. Clark. Absolutely, positively, and the sad part is we would love our laboratory technicians to be able to come to the crime scene. They could add a tremendous amount to that, but, of course, that is a pipe dream. They are still working 18 hours a day trying to do the drug tests. One problem leads to another, leads to another, leads to another. But, yes, the expectations are so much greater, the time required is so much longer, and the problem isn't getting any better. The only thing that is growing is the backlogs. Chairman Sessions. Dr. Baden, are police and investigators sufficiently trained to preserve evidence when it gets to you or to Ms. Johns? Does that cause a problem sometimes? Dr. Baden. It often causes problems. Now, they have a trial going on down in South Carolina, the Peterson/East trial, the novelist who is accused of killing his wife and throwing her down a staircase. The defense on Court TV--they have cameras in the courtroom--is having a field day in showing all of the things that were done wrong by the technicians, the police tramping through the area improperly. We thought that had been explored sufficiently at the O.J. Simpson trial and that police agencies learned about it. There are many good agencies, but most of this country still--the crime scene analysis, the training for police officers, has not been effective enough or there hasn't been enough training. I might suggest that Dr. Jamie Downs advises me that nationally there is one lab person for every hundred police officers, and the lab persons can't manage that kind of workload. A better ratio would be 1 out of 40. Chairman Sessions. Dr. Downs used to be our director and he moved up to South Carolina. Dr. Baden. He is now in Georgia. Chairman Sessions. That is right, Georgia. He had an interest in recovering the remains of the Hunley submarine as one of his extra projects. He did good work on that. Dr. Baden. Yes. He is my guru; he is my rabbi right now. If I may, on a discussion about national concerns, it struck me as a physician that we have a Surgeon General who has been a bully pulpit over the years for doing research and for improving natural diseases--heart disease, cancer--and it has been a very effective bully pulpit. Maybe the time has come to have some kind of a national bully pulpit, like a forensic sciences general, who can have authorization to be a bully pulpit and to help set up the kind of programs, training programs. The most important link in the chain at a crime scene is the least experienced police officer, who is the first responder who is supposed to protect the scene. When we train the New York State Police and they say, well, we are here, we are trying to protect the scene and the bosses and the higher-ups come down, how do we keep them out--and the example I have used is you have a book; everybody that goes on the scene has to be signed in. You have the mayor or whoever it is there, because it is often a photo opportunity for certain kinds of people, sign in and tell them, look, if you go on that scene, you are the first witness that Peter Neufeld is going to call for the defense as possibly mucking up the scene or potentially having evidence destroyed. I would also like to make one point, too, about the World Trade Center. Of the 1,500 bodies that have been identified, out of the 2,800, the great majority have been done by traditional means--fingerprints, dental, x-rays, visual. Most of them have been identified that way. Chairman Sessions. Mr. Neufeld, do you want to comment on that? Dr. Baden. Point of personal privilege. Mr. Neufeld. No, no, no. I mean, actually, it is interesting. In New York State, we have a forensic science review board. We are the only State in the country that does have that. and what we have done for people like Mr. Clark is, in a sense, we have created certain standards and mandates, and therefore we have had to put our money where our mouths are and we have had to provide them and their laboratory with additional funding. So sometimes by requiring higher standards of laboratories, you create a mandate and then there has to be the money flowing so they can satisfy that. So it is not always a bad thing. It actually sometimes acts as a very good carrot device. The one little comment I did want to make, though, is a response to Ms. Johns. ASCLD accreditation is not enough. I am not even addressing that issue. Obviously, the internal audit that goes on through an ASCLD accreditation is very, very important. I am talking about a different situation. The FBI crime laboratory is ASCLD-accredited, but nevertheless there was a small scandal in that laboratory recently when it turned out that one of the scientists was consistently not utilizing a certain control which was essential in all the forensic DNA tests. So the IG of the DOJ commenced an audit, and they commenced that audit for a lot of reasons. They wanted to see what was the scope of the problem, where did the traditional controls fail, what changes should we make in their protocol which would make it more likely that that won't happen again. So it can even happen with accredited laboratories. I am talking about the forensic audit. Accounting firms ordinarily have wonderful means of doing internal audits, but if something serious goes wrong--I am not talking about two drops that weren't picked up. I am talking about the serious mishap, and we have seen them in Oklahoma, we have seen them in Indiana recently, and in Montana. The first three cases we have looked at involving a hair expert--all three of them were exonerated. He used testimony in a court of law which all of his peers at the FBI and the British Home Office said is nonsense and not scientific. So sometimes something does go wrong and needs to be investigated. You folks are experts at that, okay? All we are saying is that in those situations, there should be an independent external entity that does it. It can't be the folks doing it themselves. Chairman Sessions. There need to be reviews for specific allegations of wrongdoing. Mr. Neufeld. That is exactly right. Chairman Sessions. Some good thoughts. I think we ought to think about that as we go forward. I think back on my career and what the Innocence Project brings to mind, and when I have had a series of things like Ms. Serra talked about--a fingerprint, a DNA, and a paint--I have never had it come back that that person wasn't guilty. But I have seen two in my career that really were innocent and in danger of being convicted. One was convicted on eyewitness testimony. I don't know if others have seen that, too. We have got to be alert to the possibility of the innocent being convicted. I certainly believe that, but good circumstantial evidence, good scientific evidence has proven to me over the years from my personal experience to consistently lead us toward truth. I don't think you would dispute that, Mr. Neufeld. Mr. Neufeld. Dispute it? I wholeheartedly agree. I will take good toxicology and ballistics over a lone eyewitness 7 days of the week, and I think you would, also. Chairman Sessions. All right. Do any of you have anything you want to add to this agenda at this point that is on your brain and heart before we go forward? Senators Grassley and Leahy have statements for the record, and we will leave the record open for one week for a additional statements and follow-up questions for all witnesses. I think we are getting to this, and this is what I would say to you. I don't believe that this Congress is going to fund the State laboratories to any significant degree ultimately. I think helping in critical areas, providing the best equipment, best training, and additional funds when laboratories are in crisis is very helpful. But I doubt and don't expect, and am not sure I can support a whole lot more money. I did fight for and help pass the Paul Coverdell forensic sciences bill, which has not been adequately funded, but provides for the kind of utilization of the money I think I hear you saying you favor. Would that be fair, Ms. Johns? Ms. Johns. Yes, I agree. Chairman Sessions. And so we can get some more money there, I hope. We are spending money on things that make the news and get people excited, and sometimes that is what Congress does. But in the long run, we have got to figure out a way to strengthen forensic sciences throughout America, and maybe a forensics czar wouldn't be a bad thing, to be able to go into a State and call all the newspaper editors together and say, look, you are spending all this on police and jails and prosecutors and judges and just this little bit on research. And you have got this backlog and something could be done. I believe once the information is out there, the American people would respond. There is so much on television, so much in novels and things, that people are more attuned to the capabilities of it. So that is where I am coming from. I will be supporting additional funding. I am going to be supporting that because we are funding a lot of aspects of criminal justice that need it less than this aspect. I intend to do all I can to create a circumstance in which States will be more successful in going to their counties to get them to contribute more. I know in Alabama, I think the Governor is convinced that forensics need more money in Alabama and somehow he is going to find it. I am proud to hear that, but we have been talking about it for a number of years. Anything else before we finish? Thank you for coming. This was a very valuable panel. We will look to utilize this to promote public policy that will help forensic sciences in America, and I think that will help criminal justice. Thank you very much. We are adjourned. [Whereupon, at 3:55 p.m., the Subcommittee was adjourned.] [Submissions for the record follow.] [GRAPHIC] [TIFF OMITTED] T1831.001 [GRAPHIC] [TIFF OMITTED] T1831.002 [GRAPHIC] [TIFF OMITTED] T1831.003 [GRAPHIC] [TIFF OMITTED] T1831.004 [GRAPHIC] [TIFF OMITTED] T1831.005 [GRAPHIC] [TIFF OMITTED] T1831.006 [GRAPHIC] [TIFF OMITTED] T1831.007 [GRAPHIC] [TIFF OMITTED] T1831.008 [GRAPHIC] [TIFF OMITTED] T1831.009 [GRAPHIC] [TIFF OMITTED] T1831.010 [GRAPHIC] [TIFF OMITTED] T1831.011 [GRAPHIC] [TIFF OMITTED] T1831.012 [GRAPHIC] [TIFF OMITTED] T1831.013 [GRAPHIC] [TIFF OMITTED] T1831.014 [GRAPHIC] [TIFF OMITTED] T1831.015 [GRAPHIC] [TIFF OMITTED] T1831.016 [GRAPHIC] [TIFF OMITTED] T1831.017 [GRAPHIC] [TIFF OMITTED] T1831.018 [GRAPHIC] [TIFF OMITTED] T1831.019 [GRAPHIC] [TIFF OMITTED] T1831.020 [GRAPHIC] [TIFF OMITTED] T1831.021 [GRAPHIC] [TIFF OMITTED] T1831.022 [GRAPHIC] [TIFF OMITTED] T1831.023 [GRAPHIC] [TIFF OMITTED] T1831.024 [GRAPHIC] [TIFF OMITTED] T1831.025 [GRAPHIC] [TIFF OMITTED] T1831.026 [GRAPHIC] [TIFF OMITTED] T1831.027 [GRAPHIC] [TIFF OMITTED] T1831.028 [GRAPHIC] [TIFF OMITTED] T1831.029 [GRAPHIC] [TIFF OMITTED] T1831.030 [GRAPHIC] [TIFF OMITTED] T1831.031 [GRAPHIC] [TIFF OMITTED] T1831.032 [GRAPHIC] [TIFF OMITTED] T1831.033 [GRAPHIC] [TIFF OMITTED] T1831.034 [GRAPHIC] [TIFF OMITTED] T1831.035 [GRAPHIC] [TIFF OMITTED] T1831.036 [GRAPHIC] [TIFF OMITTED] T1831.037 [GRAPHIC] [TIFF OMITTED] T1831.038 [GRAPHIC] [TIFF OMITTED] T1831.039 [GRAPHIC] [TIFF OMITTED] T1831.040 [GRAPHIC] [TIFF OMITTED] T1831.041 [GRAPHIC] [TIFF OMITTED] T1831.042 [GRAPHIC] [TIFF OMITTED] T1831.043 [GRAPHIC] [TIFF OMITTED] T1831.044 [GRAPHIC] [TIFF OMITTED] T1831.045 [GRAPHIC] [TIFF OMITTED] T1831.046 [GRAPHIC] [TIFF OMITTED] T1831.047 [GRAPHIC] [TIFF OMITTED] T1831.048 [GRAPHIC] [TIFF OMITTED] T1831.049 [GRAPHIC] [TIFF OMITTED] T1831.050 [GRAPHIC] [TIFF OMITTED] T1831.051 [GRAPHIC] [TIFF OMITTED] T1831.052 [GRAPHIC] [TIFF OMITTED] T1831.053 [GRAPHIC] [TIFF OMITTED] T1831.054 [GRAPHIC] [TIFF OMITTED] T1831.055 [GRAPHIC] [TIFF OMITTED] T1831.056 [GRAPHIC] [TIFF OMITTED] T1831.057 [GRAPHIC] [TIFF OMITTED] T1831.058 [GRAPHIC] [TIFF OMITTED] T1831.059 [GRAPHIC] [TIFF OMITTED] T1831.060 [GRAPHIC] [TIFF OMITTED] T1831.061 [GRAPHIC] [TIFF OMITTED] T1831.062 [GRAPHIC] [TIFF OMITTED] T1831.063 [GRAPHIC] [TIFF OMITTED] T1831.064 [GRAPHIC] [TIFF OMITTED] T1831.065 [GRAPHIC] [TIFF OMITTED] T1831.066 [GRAPHIC] [TIFF OMITTED] T1831.067 [GRAPHIC] [TIFF OMITTED] T1831.068 [GRAPHIC] [TIFF OMITTED] T1831.069 [GRAPHIC] [TIFF OMITTED] T1831.070 [GRAPHIC] [TIFF OMITTED] T1831.071 [GRAPHIC] [TIFF OMITTED] T1831.072 [GRAPHIC] [TIFF OMITTED] T1831.073 [GRAPHIC] [TIFF OMITTED] T1831.074 [GRAPHIC] [TIFF OMITTED] T1831.075 [GRAPHIC] [TIFF OMITTED] T1831.076 [GRAPHIC] [TIFF OMITTED] T1831.077 [GRAPHIC] [TIFF OMITTED] T1831.078