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Author: Yujiemi Chisholm
District Attorney’s Office, Denver, CO

People’s Response to Defense Motion to Dismiss for Pre-Indictment Delay (State of Colorado v. Steven Cumberbatch)

Prosecution’s response to the defense’s motion to dismiss the case due to a pre-indictment delay in a Colorado murder-sexual offense case that occurred in 1994. The response addresses the defense’s due process arguments regarding the statute of limitations and the unavailability of witnesses and alternate suspects. The response also noted the advances in forensic techniques that occurred since the date of the incident which enabled investigators to utilize the Combined DNA Index System (CODIS).
August 2022
District Attorney’s Office, Denver, CO

People’s Motion in Limine (State of Colorado v. Steven Cumberbatch)

Prosecution’s motion in limine in the trial of a Colorado murder-sexual offense that occurred in 1994. The prosecution sought to admit “sanitized” police encounters with the defendant that occurred in Denver during the timeframe prior to the murder to limit any unfairly prejudicial details or facts.
July 2022
National Institute of Standards and Technology

Human Forensic DNA Analysis Process Map

The Human Forensic DNA Analysis Process Map is intended to be used to help improve efficiencies while reducing errors, highlight gaps where further research or standardization would be beneficial, and assist with training new examiners. It may also be used to develop specific laboratory policies and identify best practices [Description provided by the NIST Human Forensic DNA Analysis Process Map].
May 2022
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Highlights

Exoneration of Terance Calhoun

In 2007, Terance Calhoun was convicted of sexual assault of two victims. DNA testing excluded him in 2007. Additional DNA testing was performed in 2019 by Bode confirming the original testing. On January 10, 2022, the Michigan State Police reported that a search of the FBI DNA database linked the DNA profile from the condom to a man who “is currently charged with other sexual assault offenses in the Detroit area that are alleged to have occurred between 2007 and 2014.” He was exonerated in April 2022.
May 2022
National Institute of Justice

National Best Practices for Improving DNA Laboratory Process Efficiency

DNA forensic laboratories are at a crossroads. Faced with a rising demand for analysis and constrained by limited financial resources, laboratories must find new and innovative ways to reduce backlogs and increase productivity. The recommendations in this National Institute of Justice-produced guide, authored by experts in forensic science and laboratory management, are aimed at improving efficiency in a multitude of essential tasks that DNA forensic laboratories routinely perform. These tasks range from hiring and training personnel to formulating and enforcing case acceptance policies, implementing existing and new technologies and methodologies, managing casework and tracking laboratory workflows, analyzing data, and compiling final reports that nonscientists can comprehend. This guide’s recommendations are also designed to help laboratories anticipate changes — including technological advances and new legislation — that may affect their caseloads [Description provided by the NIJ website].
May 2022
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Highlights

Maricopa County receives $3 million in federal funding to help solve crimes

The Maricopa County Attorney’s Office (MCAO) announced that it would receive about $3 million in grants from the Department of Justice to help victims of crime. MCAO’s $500,000 Prosecuting Cold Cases Using DNA (COLD) Program grant will enable additional DNA testing, the creation of a countywide database of cold cases, hiring of a data analyst, and an increase of resources available for prosecutors who specialize in cold case homicide investigations. This is the first time MCAO has been awarded this grant, and their goal is to increase the number of successful prosecutions of cold cases throughout Maricopa County and provide closure to the victims of violent crimes.
February 2022
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Highlights

Denver Police solve four related cold case homicides that occurred between 1978 and 1981

The Denver Police Department and law enforcement partners today announced that through the continued determination of investigators, DNA evidence, investigative genetic genealogy and familial DNA search, the suspect in three Denver cold case homicides and an Adams County cold case homicide has been identified as Joe Michael Ervin (DOB: 6/25/51), who is deceased. The murders of three women and a teenage girl occurred in separate incidents between 1978 and 1981. The four cases were linked together and solved through several significant investigative developments beginning 35 years later. The final identification of the suspect in these four murders through Investigative Genetic Genealogy and familial DNA research was a result of Denver’s Integrated Cold Case Project. This project is funded in part through a 2020 Genetic Genealogy & Familial Match Searching grant, awarded to the Denver Police Department by the Bureau of Justice Assistance for a total of $470,000.
January 2022
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County of Monterey

Monterey County District Attorney Jeannine M. Pacioni receives a $535,000 federal grant for her cold case task force for use of DNA technology in violent crime investigations and prosecutions

District Attorney Jeannine M. Pacioni announced today that the U.S. Department of Justice has awarded the Monterey County District Attorney’s Office Cold Case Task Force a $535,000 grant for the use of DNA technology in cold-case investigations and prosecutions. With the support of the grant, the Cold Case Task Force proposes to identify and actively investigate 45 violent-crime cold cases over the next three years where suspect DNA has been identified or where there is DNA evidence that could be used to identify previously unidentified human remains. The grant funding will enable the Task Force to hire an annuitant investigator to exclusively work on qualifying cold cases, as well as to pursue advanced DNA testing at accredited private laboratories.
January 2022
Bureau of Justice Statistics

Medical Examiner and Coroner Offices, 2018

This report provides data on the personnel, budget, workload, and policies of medical examiner and coroner offices in the United States. The report details the number and type of personnel employed, staff certification, and training. It includes the number of cases referred to and accepted by medical examiner and coroner offices, the number of autopsies conducted, and the number of decedents with unidentified remains on record, including the percentage from which DNA evidence has been collected. Findings are based on data from BJS’s 2018 and 2004 Census of Medical Examiner and Coroner Offices [Description provided by the BJS website].
November 2021
Legal Document Repository

Maryland Criminal Procedure – Forensic Genetic Genealogical DNA Analysis and Search – Applicability for Deceased and Missing Individuals

A comprehensive statute governing the application of Forensic Genetic Genealogical DNA Analysis and Search (FGGS) enacted by the Maryland General Assembly and set forth in Title 17 of the Criminal Procedure Article of the Annotated Code of Maryland. The original statute was enacted and went into effect on October 1, 2021.

An amendment (effective October 1, 2024) to the law states that its provisions do not apply to the use of FGGS to identify unidentified human remains.

October 2021