Destruction of DNA evidence won’t stop investigations, Aurora DA says

District Attorney George Brauchler. (RJ Sangosti, Denver Post file)

The Aurora Police Department's destruction of DNA evidence in 48 sexual assault cases could complicate efforts for both prosecutors and defense attorneys, but it won't stop investigators from pursing new leads, District Attorney George Brauchler said Wednesday.

"We've been prosecuting rape cases for decades before there was any DNA evidence," Brauchler said. "I do not want the public to come away and feel that if there is no DNA, you cannot prosecute a rape case."

Still, the destruction of DNA evidence in the four dozen cases has highlighted the role DNA evidence plays in identifying or excluding suspects, as well as the expectations of the public and potential jurors that DNA and science serve as deciding factors in proving guilt.

Aurora Police Chief Daniel Oates said Tuesday that DNA evidence in 48 cases and possibly more as the department continues to investigate the scope of the error was incorrectly destroyed after officers failed to follow protocols.

In one case, DNA evidence had identified a suspect and investigators were moving toward an arrest. Prior to Tuesday's news conference, Oates and prosecutors met with the woman and told her the case could no longer be prosecuted because the DNA and other evidence had been destroyed.

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 cases, the lead detectives recommended the evidence destruction, 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 department's Property and Evidence Unit.

Several of the cases had become inactive and some victims had asked that the cases not move forward.

Still, Brauchler said he is concerned that potential, future defendants will argue that since officers improperly destroyed DNA evidence in the cases, the system is flawed and due process has been violated.

Originally posted here:
Destruction of DNA evidence won't stop investigations, Aurora DA says