NYC's DNA database swells, even as some samples are removed
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OCME staff examine evidence in the forensic lab. Photo via OCME
By David Brand
New York City’s controversial DNA database continues to swell, even as the police department purges some genetic samples, records show.
Though just over 1,000 people have been removed from the database of “persons of interest” in criminal cases since July 2020, the total number of people in the index has only increased, according to data regularly published by the Office of the Chief Medical Examiner, which maintains the index.
DNA samples from 33,600 people are now contained in the index, up from about 32,000 in February 2020, when the NYPD pledged to audit every sample kept by the city for more than two years. New guidelines instruct OCME to remove the older entries unless a person was convicted of a crime or remains a suspect.
The difference since February means more than 2,600 people have been added to the index as the city removed the 1,000 older samples.
Another 1,400 samples have been flagged for removal but are still locked in the database, leaving New Yorkers in “troubling DNA purgatory,” said Terri Rosenblatt, supervising attorney of the DNA Unit at The Legal Aid Society.
“We have no idea who those people who are supposed to be removed but haven't been yet are. They could be some of the children as young as 12,” Rosenblatt said. “And we don't know when — if ever — they will actually be able to get their genetic privacy back.”
Two December reports demonstrate the database’s recent growth.
OCME removed 70 samples between Dec. 2 and Dec. 30, but the index grew from 33,538 to 33,600 over that time period, according to the reports. That means 132 people were added to the database in that four-week span.
The database is stocked by NYPD officers who collect DNA from crime scenes and suspects, as well as people called in for questioning, and submit the material to OCME. The NYPD and OCME say the index is crucial for solving crimes, including cold cases, because it allows investigators to match DNA samples found at crime scenes to past suspects or convicted felons.
“Those who have been directly affected by violent crime appreciate the role DNA analysis as a tool plays in giving them answers and ultimately delivering justice,” said OCME spokesperson Aja Worthy-Davis.
But civil liberties advocates have criticized police for routinely obtaining DNA from cigarette butts and cups of water discarded in precincts, and for launching so-called DNA dragnets.
After the murder of Howard Beach resident Karina Vetrano in August 2016, NYPD officers knocked on doors to obtain genetic samples from more than 300 black and African-American men in and around the neighborhood. Those DNA samples played no role in cracking the case, but the material taken from the men remains in the OCME index.
In response to pressure from advocates and lawmakers, the NYPD released the new database removal guidelines ahead of a February 2020 City Council hearing.
Worthy-Davis said her agency is working to remove the nearly 1,400 samples “marked for removal” but said the process is complex.
“With consideration to public concerns, we have effectively removed access to those cases in the process of elimination,” she said. “We have kept our partners updated on this process throughout, and will continue to do so.”
Several lawmakers, including former Council Public Safety Chair Donovan Richards, have called on the city to shut down the database because they say it invades privacy rights and disproportionately impacts Black and Latino New Yorkers.
“Right now, the database continues to be the wild, wild west,” Richards, now Queens borough President, told the Eagle in August.
State Sen. Brad Hoylman has sponsored legislation to eliminate the index on the grounds that it violates state law.
“There’s only one DNA index that’s authorized by state law: the New York State DNA Databank, which was carefully created by the State Legislature with regulations in place to protect privacy interests,” Hoylman said. “No amount of self-regulation from the NYPD can change the simple fact that their DNA index is not legally authorized to exist.”
