I have been asked why I signed on to Senate Bill 205, one of several DNA bills this year. I did so because the profession I care about and have always held to a higher standard made a mistake.

Law enforcement destroyed DNA evidence in a 1988 high-profile Denver rape case after a judge had ordered the evidence held and tested. That unintentional mistake has policy implications for the next generation of law enforcement. I do not look at this as the loss of evidence in a single criminal case, I am responsible to look at the issue as a potential loss of confidence in a system.

The responsibility for the protection of DNA evidence and the appropriate use of that evidence in criminal case falls squarely and appropriately on the shoulders of law enforcement. DNA is a new-age tool that cuts both ways, proving without bias guilt or innocence. We have seen examples of that just this year with the release of an innocent person from prison and the arrest of a person in an 11-year-old cold-case murder.

To say that the loss of DNA evidence in one case does not have far-reaching consequences is short-sighted and shows a narrow-minded focus that misses the policy implications for our state, citizens and justice. If we do not set up safeguards now, then when?

Some have said that the passage of SB 205 will open the floodgates of defendants seeking new trials because of lost or destroyed DNA evidence. I disagree, I believe that 99.99 percent of DNA evidence held by law enforcement is handled and retained by the highest standards and professionalism. If the floodgates do open, then so be it. What does that say about our standards of the past?

SB 205 as amended gives a criminal defendant the right to have a judge to look at his or her case if, after the court had ordered DNA evidence to be held for testing, the evidence is lost or destroyed. There is no automatic new trial, no automatic open the door and set someone free.

I signed on to SB 205 not because it is the best or worst legislation in 20 years but because it is the right thing to do.

REP. STEVEN A. KING
Grand Junction

This entry was posted on Monday, April 21st, 2008 at 10:16 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.