The DNA Backlog

What is the DNA backlog?

DNA analysis is very often essential for closing cases. Unfortunately, not all DNA samples are tested on time. The National Institute of Justice defines a backlogged DNA sample as one that has not been tested for at least 30 days after it was submitted to the laboratory. The expansion of DNA databases coupled with the increasing costs of forensic testing have exacerbated slowdowns in crime labs nationwide. This has several serious repercussions. When samples from investigations are not tested promptly, suspects are either released or innocent persons are incarcerated for too long while the case remains unsolved.

What types of backlogs are there?

Beyond the large volume of samples that remain untested after being stored at crime labs for extensive periods of time, there is certainly a “hidden backlog” – one where the evidence was not sent for analysis at all. This is especially prevalent for sexual assault forensic evidence from rape kits, as there has been a failure to “track kits once they have been collected and to advance them to crime labs.” (RAINN) A rape kit includes DNA evidence taken from a survivor’s body after it has been extensively examined – a long and often very invasive process.

Whether or not a kit is sent to the lab rests may rest on the investigators – if an investigator doesn’t find the case to be “strong enough to move forward with prosecution,” the rape kit may very well simply remain in police evidence storage, and testing will never be requested. Even after being sent, the vast majority are not tested within 30 days. Rape kits are collected very often and comprise a large volume of the samples that wait to be tested. As a result, victims of sexual assault are disproportionally affected by the backlog.

The rape kit backlogs fall under a broader category of forensic casework backlogs – simply put, DNA collected at the crime scene has not been examined by the necessary crime lab staff. Other forensic casework backlogs stem from offender samples. “Because of the proliferation of laws requiring DNA samples from offenders,” including mandatory DNA samples taken from arrestees for small-scale crime and even extending to detained immigrants, the number of offender samples far exceeds testing capacity. The House of Representatives also passed “Katie’s Bill” back in 2010, which would have rewarded states with bonuses for gathering DNA samples from those accused of rape, murder, burglary, and assault. For those who are not charged and/or declared innocent, many states require that the court order for the destruction of their collected samples may only be filed by the innocent themselves. This leaves this burden on the people and not law enforcement, significantly reducing the chance that the sample is removed and not added to the growing collection of samples waiting to be tested.

How have these backlogs impacted investigations?

Let’s examine some of the ways the DNA backlog has affected investigations and prevented law enforcement from closing a case. With backlogs having increased by 85% just between 2011 and 2017, DNA profiling can not be put to use.

CBS Chicago reports the case of Shantieya Smith, who was murdered in a garage just blocks away from home. After 4 years, her killer has still not been identified. Each time her mother called, the police maintained one thing: “We’re still waiting, for the DNA results.”

In 2019, Devin Esperadon was shot and killed. Police arrested a suspect and collected DNA from him, which remained in storage for over a year. Before it could be tested, the suspect, Dellmarcus Kirton, was shot and killed too. Esperadon’s parents lament how they might never know now what really happened to their son, as Kirton’s date in court was never set.

How can these backlogs be addressed?

With the NIJ reporting over “14 percent of unsolved homicides and 18 percent of unsolved rapes” dealt with evidence that had never been submitted to a forensic laboratory, and with the power of forensic analysis in overturning wrongful convictions, there is no doubt that the backlog is a pressing issue. With factors ranging from staffing levels, funding, and technology, here are some of the ways the backlog can be addressed.

Drawing on a report on DNA evidence by the Government Accountability Office, KCRCTV reports “eliminating the backlog may be ‘unachievable’ because as science advances, there’s a surging demand for new tests.” However, federal policies at the state and national levels have helped prevent this situation from exacerbating. So far, 10 states have created committees that “provide oversight and guidance to crime labs,” while a National Commission on Forensic Science is “ensuring proper standards and practices for DNA testing” – although it was unfortunately disbanded under the Trump administration. Since 2004, states have received around 1 billion dollars in grant money to reduce delays in forensic testing and analysis, which includes expanding the capacities of local, state, and federal crime labs. In 2021, the DOJ awarded $210M to address criminal DNA backlogs. Almost $90M went to the DNA Capacity Enhancement for Backlog Reduction (CEBR) Program, with $43M dedicated to the National Sexual Assault Kit Initiative, which allocates money specifically to process untested rape and sexual assault kits. Other grants prioritized education in forensics and criminology. This kind of federal funding has helped crime labs hire more DNA technicians and lab specialists, upgrade software, acquire more advanced equipment, and incorporate new technologies to accelerate DNA sample processing – with one crime lab in Iowa even reporting a 60% decrease in its backlog.

Further improvements lay largely in the hands of the Department of Justice, which can look to improve the current allocation of federal money for forensic testing and establish more programs to support DNA analysis.

Read more on the DNA backlog, written by FBI personnel: https://evawintl.org/wp-content/uploads/FBI%E2%80%94FBIEffortstoEliminatetheDNABacklog.pdf

Sources:

https://innocenceproject.org/lab-backlogs-continue-to-slow-investigations/

https://www.ojp.gov/sites/g/files/xyckuh241/files/archives/factsheets/ojpfs_dnabacklog.html

https://www.rainn.org/articles/addressing-rape-kit-backlog