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Show IS DAILY DNA reads. It then cites numbers from the United Kingdom its DNA database ballooned Continued from Bl from 2 million to 3 million, including those of more than figure out the current and future impacts of collecting a 125,000 people never charged with any crime where the person's most intimate infornumber of matches with crime mation. "It's just a very big intrusion scene evidence has actually on what we consider privacy," decreased slightly. Utah law dictates that DNA said Karen McCreary, executive director of American Civil can only be collected from liberties Union of Utah. convicts, but Richards said the HERALD Sunday, December 9, 2007 Attorneys Continued Bl Utah and DNA from Since 1995, Utah has been collecting the DNA of sex offenders. About five years ago, the state started gathering DNA samples his sentence. Because the most common claim in such cases is of all convicted felons. Two years ago, Class A misdemeanors were thrown in. This year, law enforcement would like lawmakers to consider a bill that would add violent Class B misdemeanors to the database. are not yet known. Allowing the government at identification. DNA contains to collect DNA samples from any level to keep DNA unnecWhat ifs used for information on health, race suspects at crime scenes. essarily is cause for concern, "It would be simpler to do and more. say critics. Arguments in favor of a ' it on arrest because of all the "The technology is driving DNA database there are There are all sorts of things other things you're doing," he in there that people haven't this rather than the thoughtful 25,000 people in Utah's collec'.. said. tion include plenty of anec thought about when they just discussion about how this fits in our constitutional system," dotal evidence. say 'I'm not worried because I didn't do anything,' " McIn January, Sorenson Foren-sic- s A matter of McCreary says. "When we privacy in Salt Lake City helped kind of wake up, it will be too Creary said. late." crack several cold case murOver the past 12 years, Utah By law, Henry's lab can ders by comparing DNA samlawmakers have repeatedly only use DNA for identificaHenry says security is a tion, in fact he says the equipples taken from things such as lowered the bar on who has top concern, so much so that ment won't allow for any only eight people at the state cigarette butts and fingernail to give up their DNA. What started as an identifier for sex more than that. He often gets level have direct access to the clippings. Less than a month database. offenders now includes those requests from prisoners in ago, the lab used soil samples "I don't even have a log-inthat contained the DNA of the database, asking for their with Class A misdemeanors, he said. such as illegally carrying a a Washington state man to profiles. The lab has also been audit- - ' crack the unsolved murder of concealed weapon, possessing Henry said that "a lot of failin involved folks are ed a Brigham Young University three times in the past year, and these drug paraphernalia, student who was shot five ing to stop at the command of paternity suits," and that the getting a clean bill. information he has won't help. But a breach only has to law enforcement. Offenders times in 1974. "It's not like I'm solving a pay a $75 fee when their DNA happen once, McCreary said. is collected. cold case once a week and And the concern is the same Quis custodiet coined by first century Roman 2008 bill, which hasn't maybe not once a month," custodes ipsos? been written, would include said Jay Henry, director of poet Juvenal: "Quis custodiet Millions of Americans are violent Class B misdemeanors, custodes ipsos?" or "Who is the state Bureau of Forensic Service lab. such as assaults. victims of identity theft each watching the watchers?" "I think the objective is to Recent history shows that They do happen, though, and year at a cost of billions of dollars. Much of the theft breaches of government secuget as many perpetrators regularly if not often, he said. into that database as we can," But actual numbers are comes from the theft of masrity aren't rare. Los Alamos sive databases of credit cards National Laboratory in New almost impossible to come by, Richards said. ' Mexico is a favorite target. or Social Security numbers. and civil rights groups like the Richards, Henry and othACLU say that most results Just this week Computerworld And in February, the U.S. Deers in law enforcement say boil down to a few they aren't worried about the reports that a senior database partment of Justice released collection of identifying infora report that showed the FBI administrator at a subsidiary cases, and not a systemic mation. After all, fingerprints of Fidelity National Informahad lost 160 laptop computers improvement in combatting crime. The union released an have been collected for a huntion Services Inc. confessed to over the course of 44 months. "A single breach could essay in August disputing the dred years and identification is stealing 8.5 million customer effectiveness of DNA databasrecords over five years. The all they're allowed to do with reveal sensitive information es and highlighting potential their DNA samples. information was sold to data that we don't even realize ourbrokers for $580,000. "It's not dramatically differselves," said McCreary. "Our privacy concerns. "As the databanks expand ent than a photograph and a But what if what was stocountry's supposed to be about minimal government, instead to people convicted of minor fingerprint," Richards said. "I len was not your credit card offenses or merely arrested, don't care if my DNA is in the information but instead your of more and more where peothe chances that any given ple don't even talk about it." system." genetic code? But DNA is dramatically difDNA is not yet fully underprofile in the database will stood, and the implications of I Joe Pyrah can be reached help resolve a future crime ap- ferent than fingerprints, conparently diminish," the report tends McCreary of the ACLU. it falling into the wrong hands at jpyrahheraldextra.com. Fingerprints by their very nature are only good for bill could include a provision ," . The high-profi- that an inmate's attorney was inadequate during the trial or appeal, the reviews are handled by private practice defense attorneys. But across the state, defense attorneys are hesitant to take on these cases because of the tremendous cost of pursuing such an appeal In Provo, attorney Mark Moffat has asked for permission to withdraw from the case of Douglas Stewart Carter, in part because his work on the case has cost him tens of thousands of dollars. In West Valley City's 3rd District Court, Judge Stephen Roth still has not been able to find an attorney for convicted killer Ralph Leroy Menzies. The proposed legislation, which was written by the Utah Attorney General's Office, would significantly raise the amount of money available to defense attorneys in such cases. Under the current system, the most a defense attorney can get in fees for a review is $37,500, and many lawyers do not reach the benchmarks necessary to get that much. Moffat said that his work on the Carter case over the past two years would cost more than $80,000 under his firm's normal rates. Under the proposed legisla- - ;. tion, attorneys would receive $125 an hour for work on postconviction reviews, with a cap of $60,000 in total attorneys fees per case. Attorneys whose fees exceed that limit could petition the judge for more money if appropriate. The proposed law would remove the ability to appjpve more funds from the state Division of Finance and give, it instead to the judge. The current limit of $20,000 for investigative service would stay the same, though the defense attorney would be able to petition the judge for more if needed. "The difference is those limits are absolute," Brunker said of the current cap on compensation. "This proposal would allow the court, on an appropriate showing, to exceed those limits." If the Legislature approves the new law, Brunker said he feels it will make it easier to find attorneys in cases such as Carter's and Menzies's, though not solely because of the in- - ; creased compensation. The proposal includes a provision under which a judge would be able to force a defendant to either serve as his own attorney or dismiss the appeal if a willing defense attorney could not be found. "At the original trial and on appeal he has a constitutional right to counseL But he does not have that at this level," said 0 Brunker, who feels that defense attorneys would be more willing to take on a case if a defendant could be forced to proceed without a lawyer. The Utah Association of " Criminal Defense Lawyers is staunchly opposed to the proposed legislation, and that provision is one of the primary reasons. "The problem we have with that is the state wants to execute somebody, but the state is unwilling to provide for a qualified defense attorney," said Kent Hart, a member and former president of the association. "If no qualified attorney exists, then the defendant is out of luck." The increased compensation is a step in the right direction, Hart said, but there are problems with that section of the proposed law as well While the judge would be able to grant compensation over the $60,000 cap, Hart said the law makes it extremely difficult to get those funds. To get those funds, an attorney must show that the issues he or she wants to investigate were not raised during the client's trial or direct appeal The defense attorney, Hart said, would have to show that an issue wasn't adequately raised during the earlier proceedings, and that the issue is relevant to review. . the Investigating such issues would be difficult, Hart said, if the funds needed to investigate were withheld until the attorney could prove they had merit in the case. . . Brunker acknowledged that the proposed legislation does not give the criminal defense lawyers association everything it wants, but saidtaxpayen money should hot be spent so defense attorneys can raise issues that already have been covered during the trial, ana direct appeal. "Rather than just pretend- - ) ing like the trial and appeal never occurred, they're going to have to focus their efforts on determining whether there was any actual error in those proceedings," Brunker said. "One of the things they'll have to show is that they did not , spend time and money rein-- - i venting the wheel." State Senate President John said he Valentine, discussed the legislation' with a member of Shurtleff's staff, but hasn't seen the proposal t yet. He is, however, aware of the issues surrounding attorney compensation and sab the Legislaturewpuld be willing to look at the proposal during the ; 2008 session. Santa . O asked for a toy or shirt with a Disney "Cars" movie theme, a shirt and DVD. Spider-Ma- n Continued from Bl Their daughter To make matters worse, needs pants, shirts, and would one of their children has come like a DVD and electronic down with a serious flu. game. To help a family like this The family's medical bills exceed their income and they one, call the Sub for Santa hot line at need help for Christmas this between 8:30 a.m. and 5 p.m. weekdays or year, they said. They are hoping to get coats visit www.unitedwayuc.org. for all the children. The Daily Herald is proud to be For their of United Way of a daughter, the family is hoping to get Utah County's Sub for Santa a dress and a booster seat with program. tray or high chair. son has . Their Names have been changed v. 356-630- 0 o o I,' NkVi .." C) ft J i Living From $239,900 Single-Lev- el Maintenance Free Planned Community 7 Parks Exercise Facility Walking Trails 'Pool Reception Center (801)491-330- 0 u WALLPAPER ,,brid Shutters Honeycomb Shade TAHbHUUSfc M.7 v Blinds & Paint L?LH; I fV4 25OFFxa 2" Woods & Faux Benjamin Moore 25XOFF Paints 25 OFF - wwJIarvestPark.net For People Who Insist On The Best! f window fashions I "The attorney general has raised a legitimate issue about the compensation of defense counsel ... and so we will be very sensitive to that issue during the session because we recognize that he's raised a legitimate issue," Valentine said. 1 WALLPAPERS & BORDERS |