CHARLESTON, W.Va. — The director of the West Virginia Prosecuting Attorneys Institute isn’t sure a DNA ruling from the U.S. Supreme Court will have much impact at all in West Virginia, at least at this point.
Philip Morrison says West Virginia law only allows DNA samples to be taken after a person is convicted, making DNA fair game for comparison with DNA from other crimes.
“After conviction that sample becomes the property of the government,” Morrison said. “We can send that off to the [Combined DNA Index System] CODIS lab and match it up and see if anything pops out.”
Morrison says he understands why some are questioning the Supreme Court’s decision that upholds what other states are doing with DNA prior to conviction.
“What the concern, I think is for most people, is what else is the government going to use it for?”
Morrison says West Virginia is one of the more progressive states when it comes to using DNA samples to convict criminals. Some states still require a judge’s order for a DNA sample to be taken.
The U.S. Supreme Court ruling upheld a Maryland law that allows DNA to be taken once a person is arrested. Morrison says it can be entered into the national data base following arraignment and before trial. If the person is found ‘not guilty’ the DNA sample must be pulled from the data base.
Morrison says state lawmakers could choose to change West Virginia law and bring it in line with Maryland’s. He says issue has already been vetted through the U.S. Supreme Court.