-Caveat Lector-

Charges Identify Rapist only by His DNA
October 7, 1999
Web posted at: 9:23 AM EDT (1323 GMT)
MILWAUKEE (AP) -- With time running out to file charges against an unknown
rapist, prosecutors have taken the unusual step of using the man's DNA code
to identify him in court papers.
One unknown person is blamed for three rapes in 1993 in Milwaukee. The
statute of limitations had expired in two cases by the time an arrest
warrant for kidnapping and sexual assault was filed in early September.
The warrant identifies the assailant as "John Doe, unknown male," with
matching DNA at "genetic locations D1S7, D2S44, D5S110, D10S28 and D17S79."
Prosecutors believe that stops the clock from ticking down on the statute of
limitations, which would have expired on the third attack November 8, so the
assailant can be prosecuted if he is arrested in the future.
"This will be litigated someday, no doubt," Milwaukee County assistant
district attorney Norman Gahn said after filing the warrant. "This way, it's
been put into the system so we will preserve jurisdiction."
The step is not unprecedented. Ty Kaufman, the prosecutor in McPherson
County, Kan., said he used a DNA profile on a 1991 arrest warrant to
identify a suspect in several rapes.
"If you can identify a perpetrator by the use of some device that will give
you a positive identity, then why not use that?" he said.
The cases remain open. "We haven't found him yet," Kaufman said.
An individual's DNA -- shorthand for the genetic material deoxyribonucleic
acid -- is similar to a fingerprint in proving one's identity. DNA testing
can be done on blood and sperm.
Using it to identify otherwise unknown suspects is an extraordinary
maneuver, said Daniel D. Blinka, an associate professor at the Marquette
University Law School.
"What it indicates is that DNA evidence has come of age in the courtroom,"
Blinka said. "It's another step toward eventually saying: 'This is the
perpetrator. This is his genetic fingerprint."'
Fourteen states currently participate in a national DNA indexing system by
inputting DNA samples from known criminals and unsolved crimes. Wisconsin is
among the states that have a DNA database.
Defense attorney Ray Dall'Osto, chairman of the Wisconsin Bar Association's
criminal law section, called it "an attempt to stretch the envelope, but I
think there is a question about whether one can extend the statute by filing
a legal charge without naming the defendant."
Copyright 1999 The Associated Press.  All rights reserved. This material may
not be published, broadcast, rewritten, or redistributed.


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