DNA From Victims Required By Franklin Police To Recover Stolen Vehicles

By H. Nelson Goodson
December 7, 2009

Franklin - Over the weekend, a 36-year-old man and a 38-year- old woman who reported an SUV stolen to Franklin police in late October received an unusual request by a traffic officer. Officer Steven Horn working under authority of his supervisor requested the couple to submit to a DNA cotton cheek swab in order to recover the SUV and for use to identify ownership of items found in the vehicle.
The SUV was found last week in the North side on N. 16th St. in Milwaukee, after it had been reported stolen a month and a half ago. Someone spotted the SUV parked on the street with several parking citations and notified Milwaukee police who then had it towed to the Franklin police lot for recovered vehicles.
The 36-year-old man said, that he met a woman in late October at a local bar, and afterwards both had gone to a motel in Franklin. When he woke up, the woman, keys and the SUV were gone. He called Franklin police to make a stolen vehicle report.
Both victims say that they felt like suspects when Officer Horn requested their DNA after the SUV Lexus 2000 was recovered. The SUV is worth about $10,000, according to the male victim.
The female victim who the SUV is registered to says she reluctantly submitted to the DNA cheek swab by Horn, but the male victim refused to take one. Although, Officer Horn confiscated a sports cap from the male victim found in the SUV for DNA testing.
When Franklin Police Chief Richard Oliva was contacted by electronic email concerning their unusual process to require victims of stolen vehicles to submit DNA, he wrote the following, "When testing for DNA which might come from a suspect, it is necessary to have DNA samples of people known to have been in the vehicle in order to eliminate them as suspects. Unidentified DNA is then compared to the database of subjects who have their DNA on file. The unidentified DNA Will also be compared to any future identified suspect believed to be responsible for the crime. Both victims (names withheld by request) DNA samples will not be entered into the state or national DNA database. This is not an unusual practice.
We use the State Crime Lab and only submit for more serious offenses. If a victim refuses to give DNA we are not taking advantage of the state of the art way of establishing a suspects presence at the scene of a crime. Consequently, we have to go back to other traditional methods of investigation," Chief Oliva said on Monday.
When asked if other police departments in the area have similar DNA policy to require victims to submit DNA samples? Also, if Franklin Police Department kept statistics of people prosecuted for vehicle thefts using their DNA process?
"I do not comment on other police departments, and sorry, I have no statistics," Chief Oliva responded.
With the lack of DNA prosecution statistics for vehicle thefts by Franklin police, taxpayers are left without any justification to spend city funds to process specimen analysis from victims. The DNA analysis from victims won't be entered into the DNA database as felons are, according to Oliva. Chief Oliva didn't explained where the victims' DNA would actually end up after the case is closed. Will the DNA be kept on file or discarded?
In Wisconsin, the average cost for DNA testing is $390.00 per case. The State Crime Laboratory received 2,226 DNA cases in 2006, and was only able to process 1,152 cases, compared to an expected backlog of more than 3,000 cases by 2010, according to a report by the State Crime Lab Resources for DNA Analysis. 
The state crime lab is required to analyze specimens of DNA from suspects submitted by Police Chiefs and other law enforcement entities in regards to felony investigations. The law fails to authorize law enforcement officials to require victims of a felony (stolen vehicles) to submit DNA for analysis.
In September, the DNA controversy erupted when Wisconsin Attorney General J.B. Van Hollen discovered some 12,000 convicts in the Wisconsin Department of Corrections and other entities like the Milwaukee County Sheriff's Department failed to collect DNA cheek swab's from inmates convicted and sentenced before transferring them to state prisons. 
"Felons are required to submit a DNA sample for entry in the Combined DNA Index System or CODIS, when convicted. The collection of the samples and development of the profiles has led to arrests and convictions in other cases. What it means at worst, is that there are offenses that have been committed for which we have DNA evidence and we don’t have a known offender in the data bank to tie that offense to," Van Hollen said.
The arrest of suspected serial killer Walter Ellis in Franklin led to the discovery of the absent DNA profiles. Ellis apparently had another inmate submit his sample. When crime lab technicians realized the profile was a duplicate, it was discarded.
In 21 states, similar laws require county sheriffs to collect a cheek swab from adults arrested on suspicion of felony crimes and juveniles found delinquent for certain sexual offenses at the time they're booked into jail, according to the New Mexico-based group DNA Saves. But, not from victims of stolen vehicles or other crimes perpetrated on them by suspects. Unless, the victim is killed, raped or seriously injured and their DNA is believed transferred to the suspects body, clothing and other items.

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Milwaukee Police Officers Profiling Blacks, Business Owner Alleges

Police Chief Eward A. Flynn ordered officers to check license plates for registered felons visiting the gun store

By H. Nelson Goodson
September 26, 2009
Updated October 2, 2009

Milwaukee -On Thursday, October 1st, Police Chief Edward A. Flynn during a press conference said, Badger Guns has "a business plan that depends on selling guns to criminals." However, the Wisconsin Department of Justice confirmed that Badger sold guns legally to customers. Even, Wisconsin state legislators and U.S. Congressmen say Badger has sold guns legally as required by federal and state laws.
Flynn was crticised for implying Badger sold guns to felons. Legislators agreed that people buying guns for felons should be the ones targeted for illegally buying them for felons, and not Badger Guns.
Adam Allan who owns Badger Guns removed the sign alleging that his Black customers were being profiled by the Milwaukee Police Department (MPD) this week saying, "I made my point."
On September 25, a controversial sign was posted by a Allan drawing attention to MPD and their tactics being used to stop Blacks leaving Badger Guns Inc., 2339 S. 43rd St. in West Milwaukee, Wisconsin. Allan put up an outdoor sign accusing the Milwaukee Police Department of profiling customers. Allan allege MPD officers are pulling over African-American customers once they leave the store. The sign read "Racist Milwaukee Police Department is pulling over African Americans leaving this store. Sorry for the inconvenience."
Apparently, numerous complaints from customers claimed that Milwaukee police have stopped them shortly after leaving the store and then are asked if they had any weapons in the vehicle.
Residents in Wisconsin of legal age and who can prove U.S. citizenship can buy a weapon, if they don't have a felony or a restraining ordering for domestic dispute. In Wisconsin, it is also legal to carry a weapon, as long it is not concealed, according to J.B. Van Hollen, Wisconsin Attorney General.
However, Flynn ordered his officers to stop anyone carrying a weapon on plain sight in order to question and possibly cite the person for disorderly conduct.
On June 11th, Flynn says a program was initiated to stake out Badger Guns to help stop "Straw Purchasing." Straw purchasing is a term used by police indicating a person buys a gun for another person who is not legally authorized to purchase a gun. Federal law prohibits straw purchases, and Wisconsin has yet to oulaw such purchases.
The program allows surveillance by officers to target any vehicle suspected of suspicious activity, such as a man staying in the car while a female or another person goes into Badger to shop. Officers also run license plates to see if they come back as registered to felons, according to Flynn.
When officers get a positive ID for a vehicle registered to a felon, they then stop the vehicle on a traffic violation. The tactic is called a "pre-text" stop, and the U.S. Supreme Court has ruled that it's legal to use.
Although, for officers to specifically target vehicles in a business parking lot and to run their plates for this type of operation is questionable, could raise a legal challenge, and could very well violate the privacy of customers. Eight African-Americans have been arrested and charged as a result of the police operation, according to court records.
According to Wisconsin law, felons are not barred from gun shops or shooting ranges, but are prohibited by law to own or carry a weapon. Also, felons who are no longer on paper, probation, and incarcerated get their rights restored, but are prohibited by state and federal law from owning or carrying a weapon. Unless, a judge stipulates during a conviction a certain right is withheld.
A prior Wisconsin case, a felon used a gun to shoot someone else in self defense. He was never prosecuted because he did not have a concealed weapon at the time of the shooting, prosecutors decided.
Police reported that at least more than 1,850 guns used in crimes were recovered in Milwaukee and were linked to Badger between January 2006 and Sept. 1st, according to the new gun-trace data. But, all the guns recovered from crime scenes were sold legally by Badger Guns to the initial gun buyer and a back ground check with the Wisconsin Department of Justice approved the sale.
During the 11 week Stop Straw Buying operation, officers have seized 12 guns from felons and others leaving the store, have confirmed that felons have used the shooting range, and felons have been seen by officers frequently visiting the store.
Flynn, Mayor Tom Barrett and Milwaukee District Attorney John Chisholm agree there is no state law prohibiting felons from going into a gun shop, but would like see a change of law to prohibit felons at least 1,000 feet from gun shops and gun shows. Chisholm said Badger can and must do more to prevent straw buying gun sales.
The straw buying operation began shortly after the June 9th shooting of two officers in the South side Walker's Point. Julius Burton, 18, was charged for shooting both Officers Kunisch and Norberg with a .40-caliber Taurus pistol. Both officers survived and have serious long-term injuries. Burton bought the gun from Jacob D. Collins, 21, who has admitted in federal court that he bought the gun at Badger in May.
Allan admits that Badger Guns has been doing everything they can to prevent illegal gun sales. Officers are targeting mostly Black men, according to Allan. Flynn denies Allan allegations of racism, but admitted Black men have a higher percentage of arrests and convictions related to gun incidents resulting in death and injuries in Milwaukee.
In Wisconsin, it is illegal for police officers to simply profile a person for his ethnicity or origin in order to stop him or assume a person is about to commit a crime due to his/her looks.