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 Lisa Kreeger, Program Manager and Senior Attorney, DNA Forensics Program
APRI’s DNA Forensics Program relies heavily on requests for technical assistance as indicators of questions or issues that currently face prosecutors. For example, prompted by prosecutors’ questions about using DNA to overcome statute of limitations prohibitions, APRI devoted the summer 2002 issue of the Silent Witness newsletter to explaining the use of “John Doe” DNA warrants to extend the “clock.” Specifically, prosecution can commence by filing a “John Doe” DNA warrant as soon as a profile from the evidence is determined. The newsletter also includes a sample warrant caption.
The majority of technical assistance requests seek information about defense expert witnesses. Consequently, the fall 2002 issue of Silent Witness offers suggestions for preparing for defense expert witnesses in DNA evidence. For example, the newsletter advises prosecutors to exclude testimony that does not challenge facts of the particular case, and to limit and focus the defense expert’s testimony to a fact-specific challenge. In addition, the DNA Forensics Program recently posted on its Web site a comprehensive listing of references and resources for researching an expert’s qualifications and credibility.
The content of technical assistance requests also shapes our training programs. DNA: Witness to the Truth, the introductory course, continues to teach strategies for handling admissibility challenges, which remain a common defense tactic despite the widespread admissibility of DNA evidence in jurisdictions throughout the country. Case evaluation, a new section of the course, reviews the importance of aggressively locating and using DNA evidence to prove elements of the crime other than identity. This component of the course encourages prosecutors to put DNA evidence to the best use in the entire context of the case. For example, since approximately 75% of all DNA evidence submitted comes from sexual assault cases, it is important to use this evidence wherever possible to rebut a consent defense, once identity has been established.
Finally, while APRI’s advanced DNA course covers cutting-edge developments in the science and technology of DNA, its primary focus is trial advocacy. Participants learn how to effectively limit defense experts in the content of their testimony as well as cross-examination. Using case studies as specific examples, participants prepare their own cross-examinations and observe a demonstration of mock cross-examination.
For a schedule of training programs and registration information, along with prior issues of Silent Witness, please consult the Silent Witness Index on our Web site www.ndaa-apri.org. We also welcome copies of pleadings, motions, briefs and opinions that can help others. Contact APRI’s DNA Forensics Program at (703) 549-4253 or dna@ndaa-apri.org.
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