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Jan 3, 2007 10:53 pm US/Central
DNA Testing Raises Concerns Over Civil Liberties
by Jay Gormley
DALLAS (CBS 11 News) ―
"It's the magic box," Larry Fuller said. "It tells the difference between right and wrong."
Fuller speaks highly of DNA. After all, it was DNA evidence that set him free after serving 25 years for a rape he didn't commit. So it's only natural that Fuller supports a bill in the Texas legislature that increases the role of DNA testing.
"Any crime that deals with issues of evidence, it's a great idea. It is the type of tool that lets you know what is, and what's not, when it comes to a suspect," Fuller said.
As it stands now, Texas law requires DNA testing for anyone indicted for such crimes as aggravated manslaughter, indecency with a child, rape and first degree burglary, to name a few. But State Representative David Leibowitz can not believe that three of the most violent crimes are missing.
So Leibowitz has introduced House Bill 339, adding capital murder, murder and manslaughter to the list.
But some defense attorneys are concerned with Leibowitz's bill. They believe by arbitrarily collecting DNA evidence, it raises the 'Big Brother' question.
Defense attorney John Teakell said the debate is about "whether or not we're going to continue to allow the government, on a broad sweeping basis, obtain personal information. Certainly we all want safe communities, safe streets, but do we want to turn that into an all 1984 Big Brother type data base gathering simply because there is an allegation?"
Teakell points out that an indictment is not a conviction and forcing DNA testing on those presumed innocent raises concerns over civil liberties.
(CBS 11 News)
