THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Thursday, July 21, 1994 TAG: 9407210513
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: RALEIGH LENGTH: Medium: 67 lines
The state Department of Correction resumed taking blood samples from inmates for a DNA database Wednesday after a federal judge upheld most of the policy.
Some inmates filed a class action lawsuit last week, saying they were being coerced and even forced into giving blood. The department suspended sample-taking Monday while it waited for a judge to hear the case.
On Wednesday, U.S. District Court Judge Earl Britt ruled that the state could resume taking samples with one exception. He said prison officials could not use force.
He asked the agency to file a brief justifying the use of force and apparently will rule on that later.
After Wednesday's ruling, Correction Secretary Franklin Freeman announced that he had amended the sampling policy.
He said all incoming inmates will be tested when they undergo medical examinations. Current inmates who haven't been tested can avoid it until Britt makes his final ruling.
DNA, or deoxyribonucleic acid, carries the genetic blueprint of a person. DNA has become increasingly important over the past decade by expanding the list of evidence from fingerprints and eyewitness testimony to include just about any biological matter found at a crime scene.
The samples were sanctioned by the DNA database law approved during the special crime session of the General Assembly this year. Every person convicted of a serious violent crime since July 1 has had to provide a blood sample to state officials as part of their sentence. The SBI will maintain the database.
The law requires the Department of Correction to collect DNA samples from inmates before they are paroled or released.
Steven Sanders, one of the inmates suing the state, likens the situation to an illegal search and seizure.
``They're walking all over the Bill of Rights,'' Sanders said in an interview with The News & Observer of Raleigh at Brown Creek Correctional Center in Polkton. ``If the situation and circumstances call for a DNA sample, follow the procedures of due process. Go before the judge, get a warrant, have legal counsel argue it.''
David Botsko, who's serving a life sentence at Pender Correctional Center for second-degree murder, said he didn't resist the blood sample because he feared losing the time he's gained through work and good behavior.
``In my opinion, the whole thing is extortion,'' Botsko said. ``They are communicating threats to unlawfully obtain the blood. They're not even giving you a chance to converse with an attorney.''
But Correction Department spokeswoman Patty McQuillan said Britt's ruling apparently allows the state to use disciplinary measures - including the threat of revoking time off for good behavior. ILLUSTRATION: ASSOCIATED PRESS Photo
Steven Sanders, a plaintiff in a suit against the state, likens the
situation to an illegal search and seizure. Sanders, 30, is serving
a life sentence at Brown Creek Correctional Center for murder.
KEYWORDS: CLASS ACTION LAWSUIT DNA U.S. DISTRICT COURT
NORTH CAROLINA STATE DEPARTMENT OF CORRECTIONS
by CNB