West Virginia is no stranger to wrongful convictions. Yet lawmakers voted down a bill Thursday that could’ve been used to crack cold cases and exonerate the wrongfully convicted.
HB 4627 would’ve allowed police to collect DNA from suspects arrested for certain felony offenses. The DNA would be kept by State Police and data sent to a federal system that allows jurisdictions to upload and compare their data.
In the event of a match, the appropriate jurisdictions are notified and can then compare samples to determine if it’s an exact match. Right now, all 50 states collect DNA from convicted felons, but only 30 states take DNA upon arrest.
Currently, police in West Virginia can only collect DNA from a suspect with a search warrant signed by a judge.
DNA has been used to both solve cold cases and exonerate the innocent, most notably, Glenn Woodall, who was falsely arrested and convicted of being the Huntington Mall Rapist in the late 1980s. His conviction was overturned through DNA testing that led to authorities finding out Fred Zain, a state police lab chemist, had lied about his qualifications and fabricated evidence in dozens of cases.
More recently, DNA helped identify a Putnam County man as the perpetrator in the murder of a Canadian teenager in 1975.
When the bill reached a vote on the House floor Thursday, lawmakers debated for over an hour whether the measure would help victims get justice or over-extend the reach of the government in peoples’ lives.
Del. Jonathan Pinson, R-Mason, a pastor and former state trooper, asked the delegates to think about the victims, saying that taking DNA was no less an invasion than taking fingerprints. He said a member of his congregation was murdered and the investigation stymied by the lack of DNA evidence.
“I look a father and mother in the eyes every Sunday and Wednesday and I know the murder of their daughter hasn’t been solved since 2007,” he said. “It hasn’t been solved because they ain’t got the DNA.”
In 2013, the US Supreme Court ruled 5-4 that the practice was legal. Del. Shawn Fluharty, D-Ohio and a lawyer, was quick to mention a dissent by the late Justice Antonin Scalia that said it was tantamount to searching a home without a warrant.
“This is dangerous territory,” he said, referring to some examples from the dissent. “Why stop at arrests? Why not take the DNA when you enroll in school? Get a driver’s license? When you’re born? Or when you run for the House of Delegates?”
And at least one high-ranking delegate changed his mind. Del. David Kelly, R-Tyler, vice chair of the House Judiciary Committee, had supported the legislation last week when it was in his committee. On Thursday, he said the points raised made him realize it was time to pump the brakes.
“It’s not a bad idea and I like the concept, but what I heard today made me realize we have to do what’s best for us and this state,” he said.
But for some lawmakers, the idea of the federal government having any access to the information — even though the physical samples would remain in West Virginia — was enough to give pause.
Del. Geno Chiarelli, R-Monongalia, said he didn’t trust the FBI anymore “in light of recent events.”
As debate dragged on, a few motions were raised to postpone a vote or knock it off the agenda indefinitely – each time the House voted them down, with one resulting in a 48-48 tie.
The final vote was 30-66, with 55 Republicans and all Democrats voting against the measure.