Hannah Elizabeth Graham would not have been abducted from Charlottesvilles
Downtown Mall in September 2014 and murdered if Jesse Matthews DNA had
been collected when he was convicted of criminal trespass (VA Code 18.2119) in Charlottesville in August of 2010. His DNA would have generated a hit
at that time in the DNA databank linking Matthew to the 2005 sexual assault in
Fairfax. In 2015, Matthew received multiple life sentences for that attack.
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January 19, 2017
The famous East Coast Rapist had 18 known victims. Half those victims would
have been saved on Nov. 11, 2003 when Aaron Thomas was convicted of a
misdemeanor Assault and Battery. The three teens out on Halloween night in
Dale City, Virginia, would not have been brutally assaulted.
There are likely additional victims from nearly every jurisdiction in the
Commonwealth whose fate would have been averted with a more robust DNA
databank.
Earl Washington came within nine days of being executed in Virginia before a
DNA test excluded him from the 1982 Culpeper rape murder scene of Rebecca
Lynn Williams. Years later he was exonerated. The databank connected
Kenneth Tinsley, who later raped another woman in Albemarle County, to
Williamss murder. Tinsley had a conviction of petit larceny in Martinsville 12
years before he admittedly attacked Williams. If a broader DNA databank had
been in place, Earl Washington would probably never have been arrested and
spent years on death row. The Albemarle rape would not have occurred and the
trauma of a wrongful conviction upon him and the criminal justice averted.
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January 19, 2017
The Innocence Project has helped exonerate 347 innocent citizens. Of those
exonerated, 242 were minorities and 20 had spent time on death row. In almost
half of these cases, DNA databanks provided leads that resulted in the arrest of
the actual perpetrator. Innocent inmates whose freedom depends upon
expanded DNA collection are currently incarcerated.
Exonerating the innocent further ensures that law enforcement can focus efforts
on apprehending actual perpetrators of crime many of whom may reoffend.
Virginias DNA Databank and Data Supporting Additional Reform
The average first-time felon had three previous misdemeanor convictions -- yet
Virginia waits until they graduate to more serious crime before collecting DNA;
By the end of 2015, 1,786 petty larceny convictions had already matched to 78
homicides, 343 sexual assaults, 235 robberies and 764 burglaries;
89 percent of New Yorks 3,547 offenders linked to sexual assault were in the
database for non-sex crimes, such as petty larceny and trespass.
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January 19, 2017
Petty Larceny. As of October 14, 2016, data received from New York indicates
that DNA recovered from Misdemeanor Petty Larceny convictions produced
2,050 matches to unidentified DNA.
Assault 3rd. As of Oct 14, 2016, convictions for this offense yielded 891 matches
-- 39 percent to sexual assault cases.
Trespass 2nd and 3rd. As of October 14, 2016, convictions for these offenses
yielded 649 matches -- 170 to sexual assault cases.
Conclusion -- The Need for H.J. 711 Virginia and DNA Enhancement
DNA enhancement is NOT a partisan issue. We urge you to support H.J. 711,
which directs the Virginia Crime Commission to study available data from other states
to assess the impact of expanding DNA collection for additional Class One Virginia
misdemeanors, which carry a punishment of up to a year in jail and a $2,500 fine.
To address potential civil liberties concerns, the Commission should review the
adequacy of existing safeguards that protect the unauthorized collection, retention, or
dissemination of DNA samples, the efficacy and cost of additional safeguards (if any),
the costs associated with additional collection, and adoption of evidence based
practices to support analysis and integration of databank data.
Examination of these issues by the Crime Commission will provide the data
necessary to examine the impact of enhancing Virginias criminal justice system
through DNA. The status quo is unacceptable; the price of inaction too high. There
have been far too many unnecessary victims. Please join the effort to avert additional
ones.
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January 19, 2017
Chip Harding
Sheriff County of Albemarle
Cell: 434-531-5728 E-mail: jharding@albemarle.org
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January 19, 2017
Hit %
1. 14.28%
Conviction Type
Att. Criminal Contempt
2. 10.73%
764/82
3. 8.57%
35/3
4. 5.76%
10,508/606
5. 5%
Jostling
40/2
6. 4.54%
22/1
7. 4.16%
24/1
8. 4.16%
24/1
9. 3.92%
Menacing 2nd
4,079/160
10. 3.89%
Unlawful Imprisonment
719/28
11. 3.70%
54/2
12. 3.57%
28/1
13. 3.53%
Assault 3rd
25,195/891
14. 3.52%
1,247/44
15. 3.45%
Sexual Misconduct
1,013/35
16. 3.44%
2905/100
17. 3.33%
90/3
18. 3.33%
30/1
19. 3.26%
Unauthorized Use-Vehicle
981/32
20. 3.05%
Petty Larceny
67,202/2,050
21. 3.01%
497/15
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January 19, 2017
Highest Hit Rate with Minimum 100 Samples .3% or Higher Collected-NY State:
(Raw data provided by Janine Kava, Director of Public Information, New York State
Division of Criminal Justice Services.)
1.
10.73%
764/82
2.
5.76%
10,508/606
3.
3.92%
Menacing 2nd
4,079/160
4.
3.89%
Unlawful Imprisonment
719/28
5.
3.53%
Assault 3rd
25,195/891
6.
3.52%
1,247/44
7.
3.45%
Sexual Misconduct
1,013/35
8.
3.44%
2,905/100
9.
3.26%
Unauthorized Use-Vehicle
981/32
10.
3.05%
Petty Larceny
67,202/2050
11.
3.01%
497/13
Page 8
January 19, 2017
Data provided by Janine Kava, Director of Public Information, New York State Division
of Criminal Justice Services.