Gov. Bill Ritter’s willingness to explore ways of reforming how the state collects and preserves DNA evidence is a welcome development.
The governor this week announced a 21-member task force that will frame the problem, look at best practices around the country and make recommendations.
Justice would be well-served by a statewide standard that makes clear how such evidence ought to be collected and kept.
A four-day Denver Post series of stories earlier this year outlined how the routine loss and destruction of evidence in criminal cases has hampered the efforts of some prisoners who are trying to prove their innocence.
Colorado does not have a comprehensive set of rules governing evidence preservation. Each police department and sheriff’s office has been left to set up its own guidelines for preserving evidence in criminal cases.
Advances in forensic science have, on numerous occasions in recent years, provided valuable missing links in cases even decades after the crimes were committed. It is becoming increasingly clear that such evidence must be carefully preserved in a uniform way.
The challenge will be crafting a solution that sets rules that are reasonable and enforceable. Penalties for violating the rules must be part of the equation.
The system also must offer access for prosecution and defense interests. Preservation mandates should identify which agency is responsible for retention, whether it’s the court, testing laboratory or law enforcement agency. Another important issue is to determine how much evidence, optimally, should be kept.
Such preservation efforts will require significant resources, and figuring out how to pay for them ought to be part of the discussion as well.
The panel the governor has named includes a variety of professionals who have an in-depth understanding of the criminal prosecution and legislative processes. They include current and former defense attorneys and prosecutors, lawmakers, a former judge and various law enforcement and public safety officials.
It’s a strong group, and we look forward to seeing the solutions they craft.
