AURORA, Colo.—The police department’s destruction of DNA evidence in 48 sexual assault cases won’t stop investigators from pursuing leads because they have been working for decades without DNA, Aurora prosecutors said.
“I do not want the public to come away and feel that if there is no DNA, you cannot prosecute a rape case,” District Attorney George Brauchler told The Denver Post ( ).
Still, many jurors now expect DNA evidence during trials in such cases, and it could be more difficult for prosecutors and defense attorneys to make their case, he said.
Aurora Police Chief Daniel Oates said Tuesday that DNA evidence in 48 cases was incorrectly destroyed after officers failed to follow protocols.
Under a law passed in 2009, law enforcement agencies cannot destroy DNA evidence in cases where felony investigations have not led to formal charges.
In 18 of the 48 cases, lead detectives recommended the evidence be destroyed, but follow-up reviews required under the law never occurred.
Evidence in the other 30 cases was incorrectly destroyed by an injured officer assigned to light duty in the property and evidence unit, Oates has said.
Several of the cases were inactive and some victims had asked that investigations not move forward.
Sean McDermott, president of the Colorado Criminal Defense Bar, said a loss of DNA evidence also can create difficulties for defense attorneys.
“Once the DNA is gone, instead of having this complete picture of the case, it becomes an identification case,” McDermott said. “You then increase the risk of error and a less trustworthy outcome.”
Oates has said no more DNA evidence will be destroyed until a review of how the mistakes happened is complete.
Overall, a preliminary audit has found 456 cases in which DNA was destroyed since the 2009 law was enacted, but in many cases the destruction may have been justified because of reasons including that cases were closed, police said Thursday.
———
Information from: The Denver Post,
