NIST/NIJ Technical Working Group on Biological Evidence Preserva=on

Transcription

1 NIST/NIJ Technical Working Group on Biological Evidence Preserva=on Na#onal Public Safety Summit on Forensic Science Stephanie Stoiloff October 19, 2011

2 The State of Biological Evidence Preservation In order for qualified forensic science experts to testify competently about forensic evidence, they must first find the evidence in a usable state and properly preserve it. - NAS Report

3 Bad Evidence Rooms

4 Bad Evidence Rooms

5 Good Evidence Rooms

6 Good Evidence Rooms

7 The State of Biological Evidence Preservation What does your evidence room look like?

8 The State of Biological Evidence Preserva=on: Major Headlines Denver Post Trashing the Truth Evidence Project Series 2007 San Francisco Crime Labs Woes - April 2010, San Francisco Chronicle Use of DNA Evidence Keeps Police Shelves Full - April 2010, Sioux City Journal

9 Group Charge The NIST/NIJ Technical Working Group on Biological Evidence Preservation is charged with creating best practices and guidance to ensure the integrity, prevent the loss, and reduce the premature destruction of biological evidence after collection through post-conviction proceedings.

10 Group Deliverables Deliverable Output Audience 1 Best practices on preservation and disposition 2 Recommendations on legislative issues Handbook Report Evidence custodians/property managers Evidence handlers, policy makers, management, courts, lawyers/judges 3 Clearinghouse of resources Website Evidence handlers, policy makers, management, courts, lawyers/judges 4 Existing training programs inventory Website Evidence handlers, policy makers, management, courts, lawyers/judges 5 Funding Stream Inventory Website Evidence handlers, policy makers, management, courts, lawyers/judges 6 Recommendations on interagency communications improvements 7 Increase technological awareness Website Report Evidence handlers, policy makers, management, courts, lawyers/judges Evidence handlers, policy makers, management, courts, lawyers/judges 8 Stakeholder outreach Report Evidence handlers, policy makers, management, courts, lawyers/judges

11 TWG Members Sue Ballou, Program Manager, Forensics Program, NIST Phylis Bamberger Re#red Judge, Taskforce for Wrongful Convic#ons, New York State Bar Associa#on Rebecca Brown, Police Advocate, Innocence Project Larry Brown, Property Manager, Los Gatos/ Monte Sereno PD Dennis Davenport, Senior Crime Scene Inves#gator, Commerce City PD Rock Harmon, Consultant, DNARock Cynthia Jones, Associate Professor of Law, American University Ralph Keaton, Execu#ve Director, ASCLD/LAB William Kiley, IAPE Margarent Kline, Research Biologist, NIST Karen Lanning, Unit Chief, Evidence Control Unit, FBI Gerry Laporte, Program Manager, Office of Inves#ga#ve and Forensic Sciences, NIJ Joe La[a, Exec. Director, IAPE Linda Ledray, Director, Resource Center, SANE SART Randy Nagy, VP Sales and Marke#ng, Bode Technology Brian Ostrom, Criminalist, Portland Metro Forensic Laboratory Yve[e Sanchez Owens, Commanding Officer, Scien#fic Inves#ga#on Division, LAPD Lisa Schwind, Unit Head, Forensic Service and Educa#on, Office of the Public Defender, State of Delaware Stephanie Stoiloff, Commander, Forensic Services Bureau, Miami Dade Police Department Shannan Williams, Associate, Forensics Program, NIST/OLES

12 Mee=ng 1 5 Overview Mee=ng 1 ScoMsdale, AZ (August 2010) Overview of Biological Evidence Preserva#on Major Issues Formulated ini#al list of outputs/deliverables for group Finalized group charge Mee=ng 2 New Orleans, LA (November 2010) Created an Ac#on Plan to Accomplish Working Group Objec#ves/Deliverables Mee=ng 3 San Francisco, CA (January 2011) Wrote outline for Handbook on Biological Evidence Preserva#on Discussed Automated Iden#fica#on Technology (AIT) Assessment project

13 Mee=ng 1 5 Overview Meeting 4 San Antonio, TX (May 2011) Discussed and revised drac 1 of Handbook on Biological Evidence Preserva#on Discussed AIT Capabili#es Meeting 5 Burlington, VT (July 2011) Discussed and revised drac 2 of Handbook on Biological Evidence Preserva#on Discussed barriers to AIT in Forensics Developed next steps of Legisla#ve Issues Report

14 Sec=ons of Handbook: Overview Packaging, Storing and Tracking Biological Evidence Chain of custody Disposi#on of Evidence Safety/Personal Protec#ve Equipment/ Biohazards

15 Handbook: Packaging, Storing and Tracking Biological Evidence Handbook will include: Methods and procedures for guidance to ensure that evidence is maintained/stored in a condi#on suitable for poten#al future analysis and disposi#on. Recommenda#ons for evidence tracking and management to ensure that evidence can be located.

16 Evidence Tracking: Automated Iden=fica=on Technology (AIT) How can AIT be implemented? Examples of AIT include: Laboratory Informa#on Management System (LIMS) Radio Frequency Iden#fica#on (RFID) Barriers to Implementa#on Startup Cost Reliability Standardiza#on

17 Handbook: Chain of Custody Improve the chain of custody process Records Paper Automated Hybrid Improve the quality of storage and maintenance of evidence in the U.S. Reten#on period of the evidence records varies according to type of case and according to local, state and federal laws

18 Handbook: Disposi=on of Evidence Ongoing process to determine the status of a par#cular case Reten#on Destruc#on Auc#on Return to Owner Prevent premature destruc#on of biological evidence Pretrial Post convic#on DNA tes#ng Cold cases

19 Handbook: Disposi=on of Evidence Case disposi#on includes the determina#on that the legal process is done including any statutes of limita#ons, case inves#ga#on, etc. Final evidence disposi#on is the permanent removal of evidence from inventory acer all legal obliga#ons have been met.

20 Handbook: Disposi=on of Evidence Each agency should develop a method to review property for disposal. No#ces of destruc#on Destruc#on Statutes

21 Handbook: Safety/Personal Protec=ve Equipment/Biohazards Universal precau#ons Proper PPEs Discussion of common bloodborne diseases and transmission

22 Challenges Low tech vs. hi tech methods Rural vs. urban areas Available resources

23 Summary This handbook will be a best prac=ces resource for anyone who handles evidence. The handbook will contain a set of recommenda=ons. The handbook will also contain a glossary of terms. This handbook should encourage you to communicate with your crime laboratory.

24 What Can You Do? Care about your evidence Invest in a system that works for your agency Low tech Hi tech Invest in your personnel Training SOPs Provide feedback: a drac of this document will be shared with different LE groups prior to release

25 Ques=ons? Stephanie Stoiloff (office) (cell)