Post Conviction DNA Case Management Symposium Cold Case Investigations: Lessons Learned Relevant to DNA and Post Conviction Relief Norman Gahn, Assistant.

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Presentation transcript:

Post Conviction DNA Case Management Symposium Cold Case Investigations: Lessons Learned Relevant to DNA and Post Conviction Relief Norman Gahn, Assistant District Attorney, Milwaukee County

Time Limitations and DNA John Doe Warrants - arrest warrant based upon genetic profile issued prior to expirations of statute of limitations to preserve jurisdiction Legislative changes to statute of limitations for certain crimes when DNA profile of perpetrator is present John Doe Warrants - arrest warrant based upon genetic profile issued prior to expirations of statute of limitations to preserve jurisdiction Legislative changes to statute of limitations for certain crimes when DNA profile of perpetrator is present

Wisconsin Court of Appeals stated “ We conclude that for purposes of identifying “a particular person” as the defendant, a DNA profile is arguably the most discrete, exclusive means of personal identification possible.” State v. Dabney, 264 Wis.2 nd 843, 663 N.W. 2nd 366 (WI App 2003) See Also, State v. Davis, 698 N.W.2 nd 823, 2005 WI App 98 “ We conclude that for purposes of identifying “a particular person” as the defendant, a DNA profile is arguably the most discrete, exclusive means of personal identification possible.” State v. Dabney, 264 Wis.2 nd 843, 663 N.W. 2nd 366 (WI App 2003) See Also, State v. Davis, 698 N.W.2 nd 823, 2005 WI App 98

If cold hit beyond statute of limitations or case is not charged Complete investigation/crime lab confirmation Submit completed investigation to registrar at prison and parole/probation officer Basis for sex predator status Potential “other acts” evidence Victim notification/Impact Stmt Complete investigation/crime lab confirmation Submit completed investigation to registrar at prison and parole/probation officer Basis for sex predator status Potential “other acts” evidence Victim notification/Impact Stmt

State v. John Doe #5 Five Separate Sexual Assaults occurring on 3/27/94, 8/11/94, 11/29/94, 12/20/94, and 1/14/95. All Victims Forced Off Street at Gunpoint to Secluded Location Very Similar Description of Assailant

Cold Case Prosecutions/PCM Parallels Time Limitations Finding Investigator to Commit to Case Locating Biological Evidence Locating/Identifying Discovery Identifying 3 rd Parties Victim Impact

Locate All Discovery Police Reports Crime Lab Reports of Analysis SANE Reports Crime Scene Photos Physical Evidence Chain of Custody Documents

Any 3 rd Party Defenses? Misidentifications with photo arrays Misidentifications at line-ups Standards of suspects submitted by police to crime lab Crime lab ABO/enzyme inclusions and/or exclusions Anonymous tips/police stops Exclude and bring motion in limine

Sexual Assault Victim Impact with Cold Hits Has victim put past behind her? Is the trauma being reawakened? Will she show up for trial? Has victim put past behind her? Is the trauma being reawakened? Will she show up for trial?