Physical Evidence Section Administrative Manual, Version 2.

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Effective Date: 5.29.2008

Approved by: Timothy J. Sliter, Ph.D. Chief of Physical Evidence

Chris Heartsill Acting Quality Manager

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Corrections & Revisions Log PES Administrative Manual, Version 2.X Date 2.28.2008 Description Changes from Version 2.0 to Version 2.1 Revision - Section 7. Evidence Handling Procedures: Evidence Generated in the Laboratory, C. Revised to reflect current procedures related to the release of gunshot residue patterns (press-outs). Revision - Section 11. Proficiency Testing Program. Revised to reflect current frequency standards regarding DNA analysts. Addition Section 22. Release of Reports Changes from Version 2.1 to Version 2.2 Revision Section 22. Release of Reports; to indicate format of the date stamp indicating release date Authorized by Sliter

5.29.2008

Sliter

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EVIDENCE HANDLING PROCEDURES (Revised 2.28.2008) Physical Evidence Section The Evidence Registration Unit (ERU) is responsible for the initial receipt, storage and disposition of items submitted to the Physical Evidence Section (PES) for analyses. The ERU conducts a basic audit of the submission form and inventories the evidence. The evidence submittal inventory is entered into the Dallas County computer system from which a unique Forensic Laboratory (FL) case number is derived and individual item number(s) assigned. The ERU provides the appropriate technical units with copies of submittal forms alerting them that evidence is available for analyses. As is practical, given size and shape, evidence containers that are kept in the evidence vault will be sealed. A properly sealed container is one whose primary opening(s) is covered with a tamper evident tape and the tape initialed. Evidence Submission to Physical Evidence Section The location of evidence within the evidence vault will be annotated in a separate computerized database. The evidence remains stored until signed out by an analyst. At the completion of all examinations, the evidence is returned to the ERU for release to the investigating agency. A. The ERU routinely receives evidentiary items submitted for analysis from the Medical Examiner and law enforcement agencies throughout the state of Texas. Inasmuch as the Institute is a "fee for service" organization, evidence can be received from agencies outside the state of Texas, attorneys or private individuals. Each laboratory submission must be documented by an evidence submission form (some agencies have their own submission and/or chain of custody forms which may be used in lieu of the PES submission form). The form is normally filled out by the submitter, but can be completed by an Evidence Registrar in unusual circumstances, namely submissions from individuals who would not have access to the PES form. The original of the submission form will be maintained in the case folder. Items may be submitted in person, stored in secured "lock boxes" pending acceptance by the PES or sent via certified mail/Fed Ex/UPS or other courier services. When submitted in person, a signature of the person effecting the transfer of evidence must be on the submission form. In those instances when evidence is shipped, the shipping label showing tracking or control numbers will be removed from the outside packaging and be made a part of the case file. The submission form should have a description of the evidence being submitted into the laboratory and sufficient information to link the evidence to a specific incident along with a means of contacting a responsible individual (e.g. agency, agency case number,

B.

C.

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complainant's name, date of offense, investigator's name, phone number). D. Evidence containers transferred in person from customers to the ERU must be sealed when possible. Evidence not properly sealed will be inventoried by the ERU as soon as circumstances permit. Unless evidence is to be immediately transferred to an examiner, the container(s) will be properly sealed by ERU while it is in storage pending release to a technical unit. The ERU performs an audit of the submission form to ensure administrative completeness. In situations -where the loss of trace evidence is not a factor, the ERU will conduct an inventory of the evidence. Once inventoried, the containers will be marked with the following information: Forensic Laboratory (FL) number, unique item number(s), date and the initials of the ERU staff performing this operation. The container(s) will then be resealed by the ERU staff. From time to time they may consult with the scientific staff for assistance in identifying the types of analyses to be performed. For cases involving obvious requests for trace evidence analysis, it is permissible for the ERU to accept a container that is properly sealed and annotate the chain of custody documents and/or the submittal forms: "Sealed Container, Contents Not Inventoried. In those circumstances, no physical inventory of the contents is necessary. Evidence that is not received directly from an individual and is found to be improperly packaged may be repackaged by the ERU to safeguard its integrity. In those instances an inventory of the packaging will be necessary. The ERU enters basic submission data into the computer system (including a brief description of evidence items and an assignment of item numbers). An internal evidence transfer record is generated and, along with any agency chain of custody document, is attached to the evidence. In a separate computer, the ERU will duplicate some administrative information and assign a storage location in the main evidence storage area. Special handling tags or other method of labeling may be placed on evidence packages as necessary to direct attention to potential hazards or special handling requirements (e.g., Biohazard, Fingerprinting, etc.). Following completion ofthe above steps, units are notified that evidence is available for analyses by placing a copy of the submission form in their respective distribution boxes.

E.

G.

H.

Evidence Storage Once processed, evidence will normally be stored in the ERU. The storage areas can be on either the third or fourth floor. Exceptions can be made to this policy when circumstances dictate (e.g. fetal tissue, autopsy tissue, etc.). Regardless of storage location, evidence will be kept under proper seal.

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Evidence Distribution A. When a technical unit is ready to collect the evidence in order to perform analyses, a representative takes the unit copy of the submission form to the ERU. The ERU identifies the shelf and bin number and retrieves the evidence. Transfer of responsibility for the evidence is recorded as both representatives sign the internal transfer record. A copy is made for the central case file, and the original remains with the evidence. 1. Items analyzed by more than one of the Physical Evidence units are circulated in an order dictated by the needs of the case and as determined by the scientists. 2. Internal chain of custody documents, either the original or copies thereof are maintained by various units as items requiring multi-disciplined analyses are circulated. B. When not actually being examined, evidence will be secured in the analysts' temporary evidence storage locker. Inasmuch as each unit is monitored by an electronic security system during non-business hours, large items that cannot fit in the temporary evidence lockers may be stored temporarily in the technical unit. Pending analysis or return to the Evidence Registration Unit, sealed evidence packages may be stored in laboratories in designated community storage areas.

C.

Evidence Generated in the Laboratory A. Additional evidence may be discovered or collected from items of evidence submitted by customers (e.g. hairs removed from clothing, stains cut from garments, etc.). Whenever practical, these items will be returned to the investigating agency, packaged with the original evidence and an annotation made on the original chain of custody document that additional packaging accompanies the original item. No separate chain of custody document is required unless the newly identified evidence is to be separated from the original article. In that instance its transfer must be documented using the internal chain of custody that identifies where it originated from and tracks possession. Samples removed from evidence items and stored for possible future biological analysis may be stored in designated storage freezers. Such samples will be stored in appropriately sealed containers, and a chain-of-custody transfer record will be generated when such samples are transferred into and out of the storage freezer for the purpose of analysis. Movement of containers as part of maintenance of the freezer storage area (defrosting, etc.) will not be documented on chain-of-custody transfer records.

B.

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C.

Gunshot residue patterns (press-outs) will be handled as other items of laboratory generated evidence, and will be returned to the appropriate agency following the completion of analysis.

Evidence Disposition A. When all analyses are complete, evidentiary items and the chain of custody/internal transfer record(s) are returned to ERU. At this point the evidence should have been sealed by the analysts and the transfer record reflecting that the ERU accepts a "Sealed Container, Contents Not Inventoried." Items that are too bulky to "seal" may be accepted by the Evidence Registrar as long as there is a proper transfer of accountability on the internal chain of custody document. Evidence will be stored in either the main evidence storage room or the secondary storage facility pending final disposition (packaging, etc.) Submitters are notified (electronically, by mail, by phone or in person) that evidence is ready for pick-up.

B.

C.

Evidence Release A. A transfer of accountability occurs when the submitter signs for the evidence using the internal transfer document and/or any submitter-unique chain of custody documents if they exist. The original of the submitter's accountability form will remain with the evidence. The original(s) of all internal custody documents will be kept in the Physical Evidence Section case files. Evidence is generally released by ERU to the submitter. However, there may be times when evidence still in the possession of an analyst may be directly released to the submitter. Likewise, the original submitter may request that evidence be released to someone else (e.g. court for introduction at trial). Authorization to release evidence to a third party must be made in writing. In every case, the internal chain of custody forms will record the actual transfer. Evidence may be shipped or mailed to the submitter along with any appropriate documents (e.g. agency chain of custody, copy of reports, etc.). Copies of shipping documents will be affixed to the internal chain of custody document(s) and remain in the case jacket.

B.

C.

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PROFICIENCY TESTING PROGRAM (Revised 2.28.2008) Physical Evidence Section

Proficiency tests are a valuable management tool and as such, must be completed in a timely manner. Forensic scientists who are involved in case work will be subjected to at least one proficiency test per calendar year (January - December). DNA analysts will perform DNA proficiency tests at the frequency established by FBI Directors Quality Assurance Standards for Forensic DNA Testing Laboratories. Subscriptions to external proficiency testing will be coordinated with and ordered by the Quality Manager. Upon receipt of a proficiency test, a Physical Evidence Section case number will be assigned to that test. Once assigned to an analyst the proficiency test will be completed as soon as is practical. Accordingly, they will be given a priority similar to the practices employed when ordinary cases are designated as being "RUSH." It will not be acceptable for deadline dates to be missed without prior knowledge and concurrence of the Chief of Physical Evidence. For external proficiency tests, upon completion of the test, the results will be returned to the test provider with a copy of the entire file including supporting documentation given to the Quality Manager. For internal proficiency tests (including those obtained from outside vendors/sources), the results will be submitted to the Quality Manager. As with all cases, a billing sheet will be prepared. Charges will be assessed to "DALLAS COUNTY NB/FS.

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Release of Analytical Reports (5.29.2008) Physical Evidence Section 1. Analytical reports issued by the Physical Evidence Section will be released following completion of all required technical, administrative, and supervisory reviews as specified by the Institute Quality Management Program and the procedures of the individual analytical units. 2. Completed analytical reports together with their supporting documentation packages will be forwarded by the analytical units to the Section Administration Office for release. 3. The Section Administration Office will date stamp the front page of each report to indicate the official date of the reports release, as follows: "FILED <date>" 4. The Section Administration will mail or otherwise route copies of the date stamped reports to the report recipient(s) including cc recipients.

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