Unlike some other states, Louisiana retains DNA profiles of everyone arrested, even if no charges are filed or the person is acquitted. The DNA profile of someone cleared of charges is not automatically erased from CODIS in Louisiana, though it can be expunged upon request. Some states require profiles to be removed from the system if an arrestee is not convicted.
Franz Borghardt, a Baton Rouge defense attorney, said the states process to remove DNA profiles from the database is expensive and cumbersome.
Is it legal? Its legal in the sense that its been passed by the Legislature, but it definitely smells of Big Brother, Borghardt said.
Every year, the number of cases submitted to crime labs across the state for DNA analysis increases. Brocato, of the State Police Crime Lab, said her labs caseload jumped 25 percent in 2015 from the year before, including a 70 percent rise in sexual assault kit submissions. The number of DNA swabs sent in on nonviolent property crime cases also has been rising, Brocato said.
East Baton Rouge Parish Assistant District Attorney Dana Cummings said any privacy risks are worth the trade-off.
Its not like its this top secret that unlocks the key to our existence, she said of DNA. We leave it everywhere.
And the payoff for collecting it can be huge, she added.
Its a minor intrusion if you can solve a homicide, Cummings said. Even Derrick Todd Lee started off raising red flags that arent violent felonies.
