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Officials say DNA not the "magic bullet"

It is a sunny day in the suburbs and Gil Grissom and Catherine Willows of CSI: Crime Scene Investigations are sent out to the scene of a murder. They gather DNA evidence as the background music and commercial breaks create suspense within the family rooms of viewers across the nation.

And within an hour, the murder is solved-all thanks to DNA evidence.

But Jackson County State's Attorney Michael Wepsiec and Sheriff Bob Burns say it is the recent hype in television shows such as CSI that is creating the picture that DNA is the answer to solving every crime.

"DNA is a powerful law enforcement tool," Burns said. "But it doesn't replace the investigation process."

Wepsiec said the use of DNA technology began in the late 1980s, but advances were made nearly a decade ago and increased accuracy. Before these advances, DNA used as evidence could only differentiate between blood types.

Now, crime labs analyze DNA based on 11 different points and can go back to nationwide databases with the potential of matching profiles.

However, such technology was not used in Jackson County until the early 1990s in a case against Donald Forcum, who was charged with killing SIUC student Renee DiCicco and with the attempted killing of DiCicco's boyfriend.

In this case, it was DNA that convicted Forcum of the crime. Wepsiec said because of the severity of the murder, there were large amounts of blood taken as evidence. Blood found on the shoes of Forcum and in his home contained DNA of his own, DiCicco and her boyfriend.

But Wepsiec said the DNA linking Forcum to the murder was "just the icing on the cake." Burns said the thorough investigation by police already pointed to Forcum, but DNA evidence helped prosecute the case.

Burns said basic investigating, such as collecting pieces of evidence and interviewing witnesses, is what leads police to suspects and the DNA in some cases is used to confirm those suspects.

"DNA is used to enhance what we already have," Burns said. "It is a very case- specific tool."

Wepsiec said in some cases, DNA cannot be used as accurate evidence in a court of law. For example, Wepsiec said if a sexual assault occurs and the woman is claiming rape and the man said it was consensual, DNA could not simply prove the defendant guilty or innocent.

He said, DNA from the man's semen would be present in evidence from a rape kit, but it would then become a "he said, she said" case.

"It's not the magic bullet," Wepsiec said of DNA. "In some cases, it's a big issue. In others, its irrelevant."

Two years ago, Bruce Godschalk was released from a New York jail after DNA proved he did not commit the crimes for which he was serving 15 years. In 1987, Godschalk was charged with raping two women in Pennsylvania. He said he was coerced into giving a confession for crimes he did not commit. In 1995, he requested DNA testing that was not available at the time of his arrest. He was proven innocent and released.

Wepsiec said there have been no such releases based on DNA testing in Jackson County.

"DNA should be utilized for what it's meant to be," Burns said. "Law enforcement tools to confirm what investigations have found. It's not meant to replace investigations."

Wepsiec said, with the rising popularity of crime investigation television shows, he includes questions about such programs in jury selections. He said when interviewing potential jurors, he asked those who watch CSI, CSI Miami and CSI New York to raise their hands. He said his next question is if they believe everything they see on those shows, because he said inaccuracies about the DNA-testing process are produced to seem real.

Both Wepsiec and Burns agreed that advances in DNA technology add to the investigation process, but could never replace basic police investigations.

"It's part of the equation," Wepsiec said, "but not the equation."

 

 

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