[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9524-S9531]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself, Mr. Pryor, Mr. Cornyn, Mr. Graham, Mr. 
        Brownback, and Mr. Chambliss):
  S. 1605. A bill to amend title 18, United States Code, to protect 
public safety officers, judges, witnesses, victims, and their family 
members, and for other purposes; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, I rise today to introduce the Law Enforcement 
Officers' Protection Act of 2005. This act will guarantee tough, 
mandatory punishment for criminals who murder or assault police 
officers, firefighters, judges, court employees, ambulance-crew 
members, and other public-safety officers in the course of their 
duties. Attacks on police officers and judges are serious crimes. They 
merit the toughest penalties. LEOPA imposes the following terms of 
imprisonment for attacks on public-safety officers: (1) second degree 
murder, 30 years to life; (2) voluntary manslaughter, 15 to 40 years; 
(3) assault resulting in serious bodily injury, 15 to 40 years; (4) 
assault with a dangerous weapon, 15 to 40 years; and (5) assault 
resulting in bodily injury, 5 to 20 years. The act also imposes 
commensurate penalties for retaliatory murders, kidnappings, and 
assaults committed against the family members of public-safety 
officers.
  LEOPA includes additional provisions that will deter attacks upon 
police officers. The act expedites Federal-court review of state 
convictions for murder of a public-safety officer; it limits the 
damages that can be recovered by criminals for any injuries experienced 
during their arrest; it removes arbitrary barriers to retired officers' 
right to carry concealed weapons under Federal law; it makes it a crime 
to publicize a public-safety officer's identity in order to threaten or 
intimidate him; and it increases existing penalties for obstruction of 
justice and interference with court proceedings.
  Aggravated assaults against police officers are a serious national 
problem. According to the most recent F.RI. report on the subject, 52 
law-enforcement officers were feloniously killed in the United States 
in 2003. In the 10 year period from 1994 through 2003, a total of 616 
lawenforcement officers were feloniously killed in the line of duty in 
the United States.

[[Page S9525]]

  These officers' assailants unquestionably are among the worst 
criminals. Of those individuals responsible for unlawful killings of 
police officers between 1994 and 2003, 521 had a prior criminal arrest, 
including 153 who had a prior arrest for assaulting a police officer or 
resisting arrest. The individuals who commit these types of offenses 
are among the most dangerous members of the criminal class. Tough 
sentences for these criminals not only protect those who risk their 
lives to protect us; they also directly protect the public at large by 
removing a dangerous class of criminals from society.
  Ordinary assaults against police officers have become a widespread 
problem. More than 57,000 law enforcement officers were assaulted in 
the course of their duties in 2003, and more than a quarter of these 
assaults resulted in injury to the officer. These numbers represent 
more than one of every 10 officers serving in the United States. Our 
society apparently has reached a point where criminals feel entitled to 
assault a police officer when they are being arrested. LEOPA is 
designed to change that understanding, to show criminals that assaults 
against police officers are unacceptable.
  It bears mention that because of improvements in technology, recent 
years' numbers of officers killed in the line of duty even understate 
the extent of the violence that officers face. As the Los Angeles Times 
noted in 1994, ``the number of officers killed--an average of 60 to 70 
a year since the late 1980s--would have broken records, too, if not for 
the advent of bulletproof vests, police experts say; about 400 officers 
have survived shootings over the last decade because they were wearing 
protective armor.'' (Faye Fiore & Miles Corwin, Toll of Violence Haunts 
Families of Police Officers, N.Y. Times, Feb. 21, 1994, at 1). As the 
executive director of the Fraternal Order of Police noted recently, 
``there's less respect for authority in general and police officers 
specifically. The predisposition of criminals to use firearms is 
probably at the highest point in our history.'' (Jerry Nachtigal, Crime 
Down, but Number of Police Officers Killed Holds Steady, Associated 
Press Newswires, Apr. 11, 1999).
  Violence against police officers also inhibits effective law 
enforcement. It breeds caution among officers and hinders robust 
investigation. LEOPA is designed to restore balance to the law. It is 
designed to ensure that police officers do not fear for their safety 
when enforcmg the law, but instead, that criminals fear the 
consequences of breaking the law.
  Finally, aside from their broader effects on law enforcement and 
society, aggravated assaults and murders of police officers simply are 
terrible crimes. The victims often are young and in the prime of life, 
leaving behind young children, spouses, and grieving parents. A few 
recent incidents in the news serve to illustrate the horrific toll that 
these homicides take on the surviving victims:
  Los Angeles County Deputy Sheriff Shayne York, 26 years old, was 
murdered during an invasion robbery while waiting for his fiancee at a 
hair salon on August 16, 1997. He was killed solely because of his 
status as a police officer. The Los Angeles Times gave the following 
account of the crime from the testimony at the killer's trial:

       The robbers yelled racial slurs and ordered customers and 
     employees to the floor, snatching valuables from everyone 
     inside. When one of the bandits found a law enforcement badge 
     in York's wallet, he kicked York as he lay on the ground, 
     according to testimony from [York's fiancee], also a Los 
     Angeles County sheriff's deputy. The gunman asked York if he 
     ever mistreated blacks and Crips gang members at Los Angeles 
     County's Pitchess Detention Center, where York worked. York 
     responded, ``No, sir.'' [The killer,] an alleged Crips gang 
     member, then pointed a pistol at the back of York's head and 
     squeezed the trigger, prosecutors said. [York's fiancee] 
     testified she saw York's body go limp as she felt his blood 
     flowing onto her legs. She said she heard the gunman say, ``I 
     always wanted to kill a pig.'' (Jack Leonard & Monte Morin, 
     Man Guilty of Killing Off-Duty Deputy, L.A. Times, Aug. 23, 
     2000, at B1.)

  Deputy York's killer never expressed any remorse over this senseless 
crime. When jurors read their verdict at his trial, he shouted at them, 
``May Allah kill you all, pagans, infidels.'' (Stuart Pfeifer & Richard 
Marosi, Jury Recommends Death for Robber Who Killed Deputy, L.A. Times, 
Sept. 8, 2000, at B7.)
  California Highway Patrol Officer Don Burt, 25 years old, was shot 
seven times by a member of a street gang during a traffic stop on July 
13, 1996. As Officer Burt lay wounded on the ground, the killer shot 
him in the head. The Los Angeles Times, covering the killer's trial, 
gave the following account of the testimony describing the devastating 
impact of Officer Burt's death on his family:

       [Don Burt's father] relived some of his happiest memories 
     with his son--the wedding of his son and [daughter-in-law] 
     Kristin, and the day he was told he was going to be a 
     grandfather. But the proudest moment for both father and son 
     was when the younger Burt joined the Highway Patrol. ``I 
     pinned on his badge and 1 hugged him,'' the father said, 
     tearfully. ``The proudest I'd ever seen him. The gleam he had 
     in his eye--he was so proud.''
       It was a quiet summer night the night his son died, [Burt's 
     father] told the 12-member jury. He and his wife had just 
     finished dinner. The telephone rang. It was their daughter-
     in-law's father, also a CHP officer, saying there had been a 
     shooting in the area that the younger Burt patrolled. The 
     elder Burt, a 30-year veteran trooper, called the CHP 
     dispatch center to learn more. A patrol car arrived to take 
     the parents to the hospital. ``We drove [to the hospital] in 
     dead silence,'' Burt said. ``I knew my son was dead and 1 
     couldn't tell my wife. She was sitting there with hope and 1 
     couldn't tell her.''
       Jeannie Burt said she didn't realize how serious her son's 
     injuries were until a few minutes after they arrived at the 
     hospital. ``I thought he wasn't hurt too bad, that everything 
     was going to be all right,'' Jeannie Burt told jurors. But 
     then, ``I saw Kristin's brother and he just shook his head. 
     And 1 knew my son was dead.'' Tears streamed down Jeannie 
     Burt's cheeks through most of her testimony. ``He wasn't 
     perfect, but pretty close to it,'' the mother said through 
     her tears. ``I'm grateful 1 had my son for the 25 years 1 had 
     him. 1 wouldn't trade that with anything. I'm just so sad 
     that my daughter-in-law has lost the love of her life. That 
     his son does not have a father.''
       Kristin Burt, widow of the slain officer, said she was 
     seven months pregnant with their first child when her husband 
     of nearly three years was killed. She took the stand Monday, 
     faltering and fighting back tears as she described how the 
     coroner told her that her husband was dead. The coroner 
     ``held my hand and slipped Don's wedding ring into my hand,'' 
     Kristin Burt said. (Louis Roug & Meg James, Rage in the 
     Courtroom, L.A. Times, Apr. 18, 2000, at B1.)

  Officer Burt's son, Cameron, was born two months after he was killed.
  Compton Police Officers Kevin Burrell and James MacDonald were shot 
and killed by a wanted criminal during a traffic stop on February 22, 
1993. Newspapers gave the following account of the crime: ``The 
officers were wearing bulletproof vests when they stopped a red pickup 
truck about 11 p.m., but were knocked to the ground by bullet wounds to 
their limbs. With the officers lying in the rain-soaked street, [the 
killer] pumped bullets into their heads, execution-style.'' (Jodi 
Wi1goren, Killer of 2 Compton Police Officers Sentenced to Death, L.A. 
Times, Aug. 16, 1995, at 1.)
  Officers Burrell and MacDonald were both young men, with all of their 
parents still living, at the time of their deaths. At the killer's 
trial, their families described the deep trauma that the crime created. 
The Los Angeles Times gave the following account:

       One after another, the mothers and fathers of Officers 
     James Wayne MacDonald and Kevin Michael Burrell took the 
     stand to cry out their losses. Three could not complete their 
     testimony without breaking down so badly that court recessed. 
     Burrell's mother told how she had heard the shots that killed 
     her son a few blocks from her home. MacDonald's father, 
     sobbing uncontrollably, blurted, ``Come home, Jimmy, let me 
     trade places with you,'' when he was asked what he would tell 
     his son if he could bring him back.
       James and Tonia MacDonald told how they visit their son's 
     grave twice each day in their hometown of Santa Rosa, just to 
     chat. Clark and Edna Burrell told how neither of them can 
     bear to visit the cemetery where their son now lies.
       ``I heard the shots,'' Edna Burrell said. Then she told how 
     she reasoned that her son had been hit. ``I was listening to 
     my police scanner,'' she said, ``and I knew it was Kevin 
     because I didn't hear them call his name'' on other dispatch 
     calls. ``So when she (a police officer) knocked on my door, 
     all I could do is scream, 'Oh God, they shot my baby. ``, 
     With that, Edna Burrell broke down. Overwhelmed, she was led 
     from the courtroom, past where [ the killer] sat staring 
     straight ahead. Sobbing softly, she repeated what she had 
     said on the stand: ``How could he do that? How could he do 
     that?''
       Both sets of parents said the deaths of their sons left 
     them feeling empty, lost and angry. ``The whole time I was 
     praying, just to let Jimmy live until I could see him 
     again,'' Tonia MacDonald sobbed, remembering the hours after 
     she was told about the

[[Page S9526]]

     shooting. ``And then I was so mad at God. All I wanted was to 
     see him one more time.''
       All four parents said old friends have fallen away as grief 
     consumed their lives. Mother's Day, James MacDonald 
     testified, has become unbearable. ``This year, when I got up, 
     I didn't tell her (his wife) 'Happy Mother's Day' because 
     it's a tough day,'' he said. ``I could see the tears in her 
     eyes.'' (Emily Adams, Slain Officers'' Parents Tell of Pain, 
     L.A. Times, June 1, 1995, at 1.)

  It bears mention that all of the criminals responsible for the 
murders described here were convicted of capital offenses, and will be 
subject to the expedited federal review provisions in section 6 of 
LEOPA once they complete their State appeals.
  Section 6 of the bill is named for Dr. John B. Jamison, a Coconino 
County, AZ, Reserve Sheriffs Deputy who was murdered while responding 
to a fellow deputy's call for assistance on September 6, 1982. The 
killer fired 30 rounds from an assault rifle into Dr. Jamison's car, 
killing the deputy before he could reach his gun or even unbuckle his 
seatbelt. Dr. Jamison was survived by his 13-year-old son and 10-year-
old daughter. State courts completed their review of the killer's 
conviction and sentence in 1985. Federal courts then delayed the case 
for an additional 15 years. One judge on the U.S. Court of Appeals for 
the Ninth Circuit even tried to postpone the killer's final execution 
date on the alleged basis that the killer was wrongfully denied state 
funds to investigate a rare neurological condition that his lawyer had 
learned of while watching television. Dr. Jamison's killer ultimately 
was executed in 2000--18 years after the crime occurred, and 15 years 
after federal habeas-corpus proceedings began.
  Section 6 is designed to prevent these kinds of delays in Federal 
review of cases involving state convictions for the murder of a public-
safety officer. In the district court, parties will be required to move 
for an evidentiary hearing within 90 days of the completion of 
briefing, the court must act on the motion within 30 days, and the 
hearing must begin 60 days later and last no longer than 3 months. All 
district-court review must be completed within 15 months of the 
completion of briefing. In the court of appeals, the court must 
complete review within 120 days of the completion of briefing. In most 
cases, these limits will ensure that federal review of a defendant's 
appeal is completed within less than 2 years. This section also makes 
these deadlines practical and enforceable by limiting federal review to 
those claims presenting meaningful evidence that the defendant did not 
commit the crime--defendants would be barred from re-litigating claims 
unrelated to guilt or innocence. (Defendants still will be permitted to 
litigate all their legal claims in state court on direct review and 
state-habeas review, and in petitions for certiorari in the U.S. 
Supreme Court.)
  The need for this provision is particularly stark in the judicial 
circuit that includes my home state of Arizona. The U.S. Court of 
Appeals for the Ninth Circuit's pattern of blocking capital punishment 
for all murderers--including those who kill police officers--is well 
documented. A recent committee report of the U.S. Senate, for example, 
notes that: ``Data for the last ten years show that outside of the 
Ninth Circuit, usually 70 to 80 percent of death sentences are affirmed 
by a [federal] Court of Appeals on collateral review. In almost every 
year, however, the Ninth Circuit has reversed the majority of death 
sentences that it reviews. Moreover, this percentage has climbed 
sharply in recent years . . . In the last three years, the Ninth 
Circuit has reversed 88 percent, 80 percent, and 86 percent of the 
death sentences that it has reviewed.'' (S. Rep. No. 107-315 (2002), at 
72-73) The Senate report also notes that a core group of Ninth Circuit 
judges vote to reverse virtually every death sentence that they review. 
Judge Stephen Reinhardt, for example, had reviewed 31 death sentences 
by 2002, and voted to reverse every single one. Other Ninth Circuit 
judges have similar records.
  As Ninth Circuit Judge Alex Kozinski has noted, ``there are those of 
my colleagues who have never voted to uphold a death sentence and 
doubtless never wil1.'' He continued: ``Refusing to enforce a valid law 
is a violation of the judges' oath--something that most judges consider 
a shameful breach of duty. . . . [But] to slow down the pace of 
executions by finding fault with every death sentence is considered by 
some to be highly honorable.'' (Alex Kozinski, Tinkering with Death, 
The New Yorker, Feb. 10, 1997, at 48-53)
  This pattern of behavior extends to the Ninth Circuit's review of 
death sentences imposed for the murder of police officers. In the nine 
States under the Ninth Circuit's jurisdiction, 34 criminals have been 
sentenced to death for murdering police officers since the late 1970's. 
Only one--the man who killed Dr. Jamison--has ever been executed. The 
Ninth Circuit consistently has obstructed all other death sentences for 
criminals convicted of murdering police officers in the western States.
  As one Orange County newspaper columnist notes, these numbers reflect 
poorly on our society's commitment to ensuring justice for slain police 
officers and their families:

       When California voters reinstated the death penalty in 
     1978, they made killing an on-duty peace officer one of the 
     ``special circumstances'' that could subject the killer to 
     execution. The idea behind that was simple enough. If you 
     made killing a cop a death-penalty offense, maybe it would 
     make criminals think twice before doing it. . . . But it's 
     doubtful that the special circumstance concerning peace 
     officers strikes any fear into the heart of a would-be cop-
     killer. Because in the 24 years since the new death-penalty 
     law was passed, not one cop-killer has been executed in 
     California. During that time, more than 200 California peace 
     officers have been murdered in the line of duty, including 
     eight in Orange County, and dozens of cop-killers have been 
     sent to death row. But not one has died for his crime. True, 
     California hasn't been in any hurry to execute other 
     murderers, either. Since 1978, more than 700 killers have 
     been sent to death row, but only 10 have been executed. But 
     the justice system seems particularly reluctant to actually 
     enforce the death penalty against cop-killers. ``That sends a 
     terrible message,'' says Marianne Wrede of Anaheim Hills, 
     whose son, West Covina Police Officer Kenneth Wrede, was 
     murdered in 1983. ``It says the justice system doesn't 
     respect the sacrifices of police officers and their 
     families.'' (Gordon Dillow, State Balks at Executing Cop-
     Killers, The Orange County Reg., Dec. 5, 2002)

  These unconscionable delays have greatly increased the suffering 
experienced by the surviving families of murdered police officers. 
Again, a few examples from recent news stories illustrate the nature of 
the problems created by the current system of decades-long post-
conviction review:
  On August 31, 1983, West Covina Police Officer Kenneth Wrede, 26 
years old, responded to a call about a man behaving strangely in a 
residential neighborhood. Wrede confronted the man, who became abusive 
and tried to hit Wrede with an 8-foot tree spike. Wrede could have shot 
the man, but instead attempted to defuse the situation. The man then 
reached into Wrede's car and ripped the shotgun and rack from the 
dashboard. Wrede drew his gun and persuaded the man to lay down the 
shotgun, but the man picked it up again when Wrede lowered his revolver 
and shot Wrede in the head, killing him instantly.
  Years later, Wrede's parents described the terrible impact of this 
crime on their family. Marianne Wrede told of how ``a half hour before 
local television newscasts would broadcast the story, her doorbell 
rang. On the steps stood her son's commander and a police lieutenant. 
Between them stood Kenneth Wrede's distraught wife. `I knew it was bad 
news,' Marianne Wrede said. `I shut the door in their faces and I said, 
`It can't be my boy.' '' (Laura-Lynne Powell, Grief Unites Kin of 
Fallen Officers, The Orange County Reg., June 20,1991, at EO1) Many 
years after the crime, she reflected that ``every day I miss my son and 
it never goes away.'' (Anne C. Mulkern & Tiffany Montgomery, Caring 
Counts in Line of Duty, The Orange County Reg., Sept. 25, 1996, at BO1) 
Ken Wrede's father also described the impact of the loss of his son. 
``My life will never be the same. I deal with it every day; when I hear 
a police siren and immediately think of my son, when I pull up next to 
a police car and think that that could have been him. I still stop as 
often as I can and tell the officers to have a good day and be 
careful.'' (David Haldane & Michael Wagner, For Some, a Reminder of 
Past Tragedy, L.A. Times, July 15, 1996, at A3)
  Officer Wrede's killer was sentenced to death in 1984, and that 
conviction was affirmed by the California Supreme Court in 1989. Then 
in 2000--17 years after Ken Wrede's murder--a divided panel of the 
Ninth Circuit reversed the killer's death sentence. The

[[Page S9527]]

Ninth Circuit found that the killer's lawyer provided ineffective 
assistance of counsel at the penalty phase because he did not present 
additional evidence of the killer's abusive childhood and drug use.
  At the time, Marianne Wrede noted, ``We thought we finally were close 
to getting this behind us. And now this.'' (Gordon Dillow, Long Wait 
for Justice Gets Worse, The Orange County Reg., May 11, 2000, at BO1) A 
California Deputy Attorney General denounced the decision, stating that 
``it can always be suggested a jury should have heard something else in 
the penalty phase of a death penalty case.'' (Richard Winston, Reversal 
of Death Penalty in Officer's Killing Decried Courts, L.A. Times, May 
10, 2000, at B3) West Covina Corporal Robert Tibbets, the original 
investigator at the scene of Wrede's murder, described the Ninth 
Circuit's decision as a ``miscarriage of justice.'' (Id.) He had 
promised Wrede's parents that he would accompany them to every court 
hearing for their son's killer. He made good on his promise, even 19 
years later, when the killer was retried and again sentenced to death 
in 2002. But the Wredes now face another round of state and then 
federal appeals. At the retrial, Ken's father noted that ``my family 
and 1 had endured 19 years of trial, appeals, delays, causing us to 
relive the trauma of Kenny's death over and over again.'' The trial 
judge agreed. He stated, ``It is an obscenity to put anyone through 
this needlessly for 19 years. It is inexcusable for us in the system 
that we need to look at this case for 19 years to get it resolved. The 
system at some point in the line has become clogged and broken.'' 
(Larry Welborn, 19 Years and no Resolution for Parents, The Orange 
County Reg., Sept. 21, 2002)
  Riverside Police Officers Dennis Doty and Philip Trust were killed by 
a man whom they attempted to arrest at his home on May 13, 1982. The 
man was in bed when the officers arrived and they permitted him to 
dress. The man then pulled out a gun that he had been sitting on and 
shot and killed both officers. He apparently sought revenge for 
injuries that he sustained when he was shot while committing a bank 
robbery. Officer Doty had served a tour of duty in Vietnam, where he 
had received a purple heart and bronze star. The State supreme court 
affirmed the killer's conviction and death sentence in 1991.
  In 2002, 20 years after the murders, Federal district court reversed 
the killer's death sentence, finding that he had received ineffective 
assistance of counsel because he did not trust his lawyers. Local 
Superior Court judge Edward Webster denounced the decision, declaring 
that he was ``outraged by the entire federal process.'' He declared 
that ``this [ decision] is just a product of judges'' personal opinions 
and philosophies opposing the death penalty.'' (Marlowe Churchill, 
Riverside Judge Takes Federal Court to Task, The Press-Enterprise, July 
22, 1995, at BO1) The Riverside assistant police chief noted that the 
decision was particularly unfortunate for the officers' families: 
``They lived this 20 years ago, and not to have closure on the trial 
process is particularly difficult'' (Mike Kataoka, Court Annuls Death 
Decree, The Press Enterprise, May 31, 2002, at BO1)
  Los Angeles Police Detective Tom Williams was shot and killed by a 
man against whom he had testified several hours earlier in a robbery 
trial on October 31, 1985. Detective Williams was killed while picking 
up his son at a day-care center. A local newspaper gave the following 
account of the crime: ``With [his son] Ryan sitting beside him in the 
front seat of his truck, Williams, 42, saw the man in the ski mask, saw 
the automatic weapon pointing out of the driver's side window of the 
passing car. But he was helpless to do anything to protect himself. All 
he had time to do was scream for Ryan to get down, then cover the boy 
with his own body.'' (Dennis McCarthy, Youth Feels Need to Serve, L.A. 
Daily News, Aug. 24, 1993, at Nl) The Los Angeles Times gave the 
following account of testimony from the killer's trial:

       A seventh-grade pupil at a Canoga Park church school 
     testified Wednesday that he saw 6-year-old Ryan Williams 
     sitting on the ground crying moments after the boy's father, 
     a Los Angeles police detective, had been gunned down in the 
     street on Oct. 31,1985. Thomas C. Williams, 42, was picking 
     up Ryan from school at 5:40 p.m. when he was struck by eight 
     bullets from an automatic weapon. The detective died, slumped 
     against the driver's side of his orange pickup truck. . . . 
     [The pupil] said he looked toward Williams' truck, parked in 
     front of the Faith Baptist Church school, and saw the 
     windshield shatter. ``It split into pieces,'' [he] said. 
     ``Then I ducked. I couldn't see anything. I got up because I 
     heard some little boy cry. I walked over. He was sitting on 
     the ground and he was crying and he had a bloody lip.'' (Lynn 
     Steinberg, Boy Tells of Fatal Attack on Detective, L.A. 
     Times, Feb. 11, 1998, at 12)

  Detective Williams's killer remains on death row today, 20 years 
after committing this crime.
  Garden Grove police officer Donald Reed was shot and killed while 
arresting a man at a bar on June 7, 1980. The killer appeared at first 
to cooperate with police, but then pulled a pistol from his jacket and 
began firing. One officer who comforted Reed as he lay on the ground 
describe the scene: ``I could see a sense of panic in Don's eyes. He 
said, `I am not gonna make it' '' (Daniel Yi, Slain Officer's Family 
Testifies, L.A. Times, Feb. 9, 2000, at B1)
  When Reed died, he had two toddler sons, ages 3 and 1\1/2\. Reed's 
killer was sentenced to death, but the sentence was reversed on appeal, 
and he was retried and sentenced to death again in 2000. Reed's sons 
were 22 and 21 by the time of the retrial. Still coping with the loss 
of their father, they chose not to attend the second trial. ``I was a 
mother, a father, I had to teach them everything,'' Reed's widow 
stated. (Id.) Of her husband, she simply noted, ``He was taken 
unnecessarily.'' (John McDonald, Officer's Widow Details Trauma, The 
Orange County Reg., Feb. 9, 2000, at B01) She also described the impact 
on her family of holding a second trial 20 years after the crime. ``We 
had all moved on, and then this came back and smacked us in the face. 
It really just tears you apart.'' (Daniel Yi, Slain Officer's Family 
Testifies, L.A. Times, Feb. 9, 2000, at B1)
  Los Angeles Police Officer Paul Verna was gunned down during a 
traffic stop on June 2, 1983, by two men who earlier had committed a 
series of violent robberies. The first man shot Verna from inside the 
car, and the second then exited the vehicle and shot Verna five more 
times as he lay on the ground. Verna was survived by his wife and two 
young sons. Years later, the state supreme court reversed the death 
sentence of one of the killers. A new trial was held in 2000. At the 
first trial, Verna's widow described the devastating impact of the 
crime on her family. She spoke of how ``no one who has not done it can 
know how difficult it is to tell two young boys that the daddy they 
loved so much is gone.'' (Janet Rae-Dupree, 2 Sentenced to Die for 
Killing Policeman, L.A. Times, Sept. 21, 1985, at 6) A local newspaper 
gave the following accounts of the sentencing retrial:

       Vema's sons were young boys, 4 and 9, when he was murdered. 
     This past week, they testified as young men. They told the 
     jury that they did not have a lot of first-hand recollection 
     of their dad. They did have the memories of stories from 
     their mom and many others as to what their dad was like. Ryan 
     [the younger son] spoke of sometimes feeling uneasy at being 
     told how much he looked like and even acted like his dad, 
     whom he does not remember. Sandy, Verna's widow, spoke of the 
     challenge of properly raising two very young boys alone. (Jim 
     Tatreau, Who Was Paul Verna? Murdered Officer Deeply Missed 
     Hero, L.A. Daily News, Oct. 22, 2000, at V3)
       ``At age 33, to be a widow--my roles in life completely 
     changed. The very hardest part was when they were very young 
     kids--when Ryan, who was 4 years old when his father died, 
     would get hurt and would cry to his mother at bedtime, 
     `Mommy, I just want my daddy.' I couldn't give that to him, 
     no matter how hard I tried. I could do everything else, but I 
     couldn't give him his daddy.'' (Jason Kandel, Retrial Brings 
     Victim's Family to Tears, L.A. Daily News, Sept. 27, 2000, at 
     N4)
       [Ryan] has only vague memories of his father's death, and 
     then he could know his father only through various police 
     memorials, plaques and family pictures. He has learned most 
     of the details of the death from three weeks of testimony 
     during the penalty retrial, and his killer's image won't 
     disappear. ``My father didn't deserve to die in that manner, 
     especially what was said to him and the gun being thrown on 
     him when he's lying on the ground,'' he said in tears. ``My 
     father wasn't around for a lot of things, a lot of special 
     things in my life.'' (Id.)

  Our society must do everything that it can to deter these types of 
crimes to ensure that punishment for those who commit them is swift and 
certain. For

[[Page S9528]]

all of these reasons, I urge my colleagues to support the Law-
Enforcement Officers' Protection Act.
  Mr. KYL. Mr. President, I rise today with my colleague, Senator 
Cornyn of Texas, to introduce the ``DNA Fingerprint Act of 2005.'' This 
act will allow State and Federal law enforcement to catch rapists, 
murderers, and other violent criminals whom it otherwise would be 
impossible to identify and arrest.
  The principal provisions of the DNA Fingerprint Act make it easier to 
include and keep the DNA profiles of criminal arrestees in the National 
DNA Index System, where that profile can be compared to crime-scene 
evidence. By removing current barriers to maintaining data from 
criminal arrestees, the act will allow the creation of a comprehensive, 
robust database that will make it possible to catch serial rapists and 
murderers before they commit more crimes.
  The impact this act will have on preventing rape and other violent 
crimes is not merely speculative. We know from real life examples that 
an all-arrestee database can prevent many future offenses. In March of 
this year, the city of Chicago produced a case study of eight serial 
killers in that city who would have been caught after their first 
offense--rather than after their fourth or tenth--if an all-arrestee 
database had been in place. This study is included in the record at the 
conclusion of my remarks.
  The first example that the Chicago study cites involves serial rapist 
and murderer Andre Crawford. In March 1993, Crawford was arrested for 
felony theft. Under the DNA Fingerprint Act, the state of Illinois 
would have been able to take a DNA sample from Crawford at that time 
and upload and keep that sample in NDIS, the national DNA database. But 
at that time--and still today--Federal law makes it difficult to upload 
an arrestee's profiles to NDIS, and bars States from keeping that 
profile in NDIS if the arrestee is not later convicted of a criminal 
offense. As a result, Crawford's DNA profile was not collected and it 
was not added to NDIS. And as a result, when Crawford murdered a 37-
year-old woman on September 21, 1993, although DNA evidence was 
recovered from the crime scene, Crawford could not be identified as the 
perpetrator. And as a result, Crawford went on to commit many more 
rapes and murders.
  On December 21, 1994, a 24-year-old woman was found murdered in an 
abandoned building on the 800 block of West 50th place in Chicago. DNA 
evidence was recovered. That DNA evidence identifies Crawford as the 
perpetrator. If the DNA Fingerprint Act had been law, and Crawford's 
profile had been collected after his March 1993 arrest, he would have 
been identified as the perpetrator of the September 1993 murder, and 
this December 1994 murder could have been prevented.
  On April 3, 1995, a 36-year-old woman was found murdered in an 
abandoned house on the 5000 block of South Carpenter Street in Chicago. 
DNA evidence was recovered. That DNA evidence identifies Crawford as 
the perpetrator. If the DNA Fingerprint Act had been law, and 
Crawford's profile had been collected after his March 1993 arrest, he 
would have been identified as the perpetrator of the two earlier 
murders that he had committed, and this April 1995 muurder could have 
been prevented.
  On July 23, 1997, a 27-year-old woman was found murdered in a closet 
of an abandoned house on the 900 block of West 51st Street in Chicago. 
DNA evidence was recovered. That DNA evidence identifies Crawford as 
the perpetrator. If the DNA Fingerprint Act had been law, and 
Crawford's profile had been collected after his March 1993 arrest, he 
would have been identified as the perpetrator of the three earlier 
murders that he had committed, and this July 1997 murder could have 
been prevented.
  On December 27, 1997, a 42-year-old woman was raped in Chicago. As 
she walked down the street, a man approached her from behind, put a 
knife to her head, dragged her into an abandoned building on the 5100 
block of South Peoria Street, and beat and raped her. DNA evidence was 
recovered. That DNA evidence identifies Crawford as the perpetrator. If 
the DNA Fingerprint Act had been law, and Crawford's profile had been 
collected after his March 1993 arrest, he would have been identified as 
the perpetrator of the four earlier murders that he had committed, and 
this December 1997 rape could have been prevented.
  In June 1998, a 31-year-old woman was found murdered in an abandoned 
building on the 5000 block of South May Street in Chicago. DNA evidence 
was recovered. That DNA evidence identifies Crawford as the 
perpetrator. If the DNA Fingerprint Act had been law, and Crawford's 
profile had been collected after his March 1993 arrest, he would have 
been identified as the perpetrator of the four earlier murders and one 
rape that he had committed, and this June 1998 murder could have been 
prevented.
  On August 13, 1998, a 44-year-old woman was found murdered in an 
abandoned house on the 900 block of West 52nd Street. Her clothes were 
found in the alley. DNA evidence was recovered. That DNA evidence 
identifies Crawford as the perpetrator. If the DNA Fingerprint Act had 
been law, and Crawford's profile had been collected after his March 
1993 arrest, he would have been identified as the perpetrator of the 
five earlier murders and one rape that he had committed, and this 
August 1998 murder could have been prevented.
  Also on August 13, 1998, a 32-year-old woman was found murdered in 
the attic of a house on the 5200 block of South Marshfield. Her body 
was decomposed, but DNA evidence was recovered. That DNA evidence 
identifies Crawford as the perpetrator. If the DNA Fingerprint Act had 
been law, and Crawford's profile had been collected after his March 
1993 arrest, he would have been identified as the perpetrator of the 
six earlier murders and one rape that he had committed, and this 
additional murder could have been prevented.
  On December 8, 1998, a 35-year-old woman was found murdered in a 
building on the 1200 block of West 52nd Street. She had rope marks 
around her neck and injuries to her face. DNA evidence was recovered. 
That DNA evidence identifies Crawford as the perpetrator. If the DNA 
Fingerprint Act had been law, and Crawford's profile had been collected 
after his March 1993 arrest, he would have been identified as the 
perpetrator of the seven earlier murders and one rape that he had 
committed, and this December 1998 murder could have been prevented.
  On February 2, 1999, a 35-year-old woman was found murdered on the 
1300 block of West 51st Street. DNA evidence was recovered. That DNA 
evidence identifies Crawford as the perpetrator. If the DNA Fingerprint 
Act had been law, and Crawford's profile had been collected after his 
March 1993 arrest, he would have been identified as the perpetrator of 
the eight earlier murders and one rape that he had committed, and this 
February 1999 murder could have been prevented.
  On April 21, 1999, a 44-year-old woman was found murdered in the 
upstairs of an abandoned house on the 5000 block of South Justine 
Street. DNA evidence was recovered. That DNA evidence identifies 
Crawford as the perpetrator. If the DNA Fingerprint Act had been law, 
and Crawford's profile had been collected after his March 1993 arrest, 
he would have been identified as the perpetrator of the nine earlier 
murders and one rape that he had committed, and this April 1999 murder 
could have been prevented.
  And on June 20, 1999, a 41-year-old woman was found murdered in the 
attic of an abandoned building on the 1500 block of West 51st Street. 
DNA evidence was recovered from blood on a nearby wall, indicating a 
struggle. That DNA evidence identifies Crawford as the perpetrator. If 
the DNA Fingerprint Act had been law, and Crawford's profile had been 
collected after his March 1993 arrest, he would have been identified as 
the perpetrator of the ten earlier murders and one rape that he had 
committed, and this additional murder could have been prevented.
  As the city of Chicago case study concludes:

       In January 2000, Andre Crawford was charged with 11 murders 
     and 1 Aggravated Criminal Sexual Assault. If his DNA sample 
     had been taken on March 6, 1993, the subsequent 10 murders 
     and 1 rape would not have happened.

  The city of Chicago study goes on to discuss the cases of 7 other 
serial rapists and murders from that city. Collectively, together with 
Andre Crawford, these 8 serial rapists and

[[Page S9529]]

killers represent 22 murders and 30 rapes that could have been 
prevented had an all-arrestee database been in place.
  The DNA Fingerprint Act eliminates current federal statutory 
restrictions that prevent states from adding and keeping arresttee 
profiles in NDIS. In effect, the Act would make it possible to build a 
comprehensive, robust national all-arrestee DNA database.
  Here is how the DNA Fingerprint Act works: First, under current 
Federal law, a DNA profile from an arrestee cannot be uploaded to NDIS 
until the arrestee is charged in an indictment or information. Thus 
today, even an arrestee charged in a pleading cannot have his DNA 
uploaded to the national index. The act eliminates this restriction, 
allowing arrestees to be included as soon as they are arrested. It also 
eliminates a statutory restriction that bars inclusion of profiles from 
suspects who provide so-called ``exoneration'' samples. The act 
recognizes that criminal suspects have no legitimate interest in 
evading identification for crimes that they have committed.
  Second, the act requires an arrestee to take the initiative to opt 
out of NDIS if charges against him have been dismissed or he has been 
acquitted, and he does not want his DNA profile compared to future 
crime scene evidence. Current law places the burden of determining who 
may be removed from the index on the administrator of the DNA database, 
thus requiring the administrator to track the progress of individual 
criminal cases. This bureaucratic burden discourages states from 
creating and maintaining comprehensive, all-arrestee DNA databases. It 
also effectively precludes the creation of a genuine national all-
arrestee database. In effect, only convicts' DNA profiles can be kept 
in the database over the long term. The act would allow arrestee 
profiles to be kept in the database as well.
  Third, the DNA Fingerprint Act would allow expanded use of CODIS 
grants. Congress currently appropriates funds for use by states to 
expand their DNA databases. Current law restricts the use of these 
grants, however, to only building databases of convicted felons. This 
bill expands this authorization to allow use of these funds to build a 
database of all DNA samples collected under lawful authority--including 
samples taken from arrestees.
  Fourth, the DNA Fingerprint Act allows the Federal Government to take 
and keep DNA samples from arrestees. The act gives the Attorney-General 
the authority to develop regulations allowing collection of DNA 
profiles from federal arrestees or detainees. The authority to issue 
such regulations would give the Attorney General the flexibility needed 
to respond to new legal developments and changes in technology.
  And finally, the act tolls the statute of limitations for Federal sex 
offenses. Current law generally tolls the statute of limitations for 
felony cases in which the perpetrator is implicated in the offense 
through DNA testing. The one exception to this tolling is the sexual-
abuse offenses in chapter 109A of title 18. When Congress adopted 
general tolling, it left out chapter 109A, apparently because those 
crimes already are subject to the use of ``John Doe'' indictments to 
charge unidentified perpetrators. The Justice Department has made 
clear, however, that John Doe indictments are ``not an adequate 
substitute for the applicability of [tolling].'' The Department has 
criticized the exception in current law as ``work[ing] against the 
effective prosecution of rapes and other serious sexual assaults under 
chapter 109A,'' noting that it makes ``the statute of limitation rules 
for such offenses more restrictive than those for all other Federal 
offenses in cases involving DNA identification.'' The DNA Fingerprint 
Act corrects this anomaly by allowing tolling for chapter 109A 
offenses.
  Further evidence of the potential effectiveness of a comprehensive, 
robust DNA database is available from the recent experience of Great 
Britain. The British have taken the lead in using DNA to solve crimes, 
creating a database that now includes 2,000,000 profiles. Their 
database has now reached the critical mass where it is big enough to 
serve as a highly effective tool for solving crimes. In the U.K., DNA 
from crime scenes produces a match to the DNA database in 40 percent of 
all cases. This amounted to 58,176 cold hits in the United Kingdom 
2001. (See generally ``The Application of DNA Technology in England and 
Wales,'' a study commissioned by the National Institute of Justice.) A 
broad DNA database works. The same tool should be made available in the 
United States.

  Some critics of DNA databasing argue that a comprehensive database 
would violate criminal suspects' privacy rights. This is simply untrue. 
The sample of DNA that is kept in NDIS is what is called ``junk DNA''--
it is impossible to determine anything medically sensitive from this 
DNA. For example, this DNA does not allow the tester to determine if 
the donor is susceptible to particular diseases. The Justice Department 
addressed this issue in its statement of views on S. 1700, a DNA bill 
that was introduced in the 108th Congress:

       [T]here [are no] legitimate privacy concerns that require 
     the retention or expansion of these [burdensome expungement 
     provisions]. The DNA identification system is already subject 
     to strict privacy rules, which generally limit the use of DNA 
     samples and DNA profiles in the system to law enforcement 
     identification purposes. See 42 U.S.C. 14132(b)-(c). 
     Moreover, the DNA profiles that are maintained in the 
     national index relate to 13 DNA sites that do not control any 
     traits or characteristics of individuals. Hence, the 
     databased information cannot be used to discern, for example, 
     anything about an individual's genetic illnesses, disorders, 
     or dispositions. Rather, by design, the information the 
     system retains in the databased DNA profiles is the 
     equivalent of a ``genetic fingerprint'' that uniquely 
     identifies an individual, but does not disclose other facts 
     about him.

  Elsewhere in its Views Letter, the Justice Department also explained 
why the restrictive expungement provisions in current law are 
unnecessary and contrary to sound public policy. The letter noted that 
the FBI maintains a database of fingerprints of arrestees--without 
regard to whether the arrestee later was acquitted or convicted. The 
letter states, ``With respect to the . . . exclusion of DNA profiles of 
unindicted arrestees, it should be noted by way of comparison that 
there is no Federal policy that bars States from including fingerprints 
of arrestees in State and Federal law enforcement databases prior to 
indictment.'' The Justice Department also pointed out that ``[t]here is 
no reason to have a . . . Federal policy mandating expungement for DNA 
information. If the person whose DNA it is does not commit other 
crimes, then the information simply remains in a secure database and 
there is no adverse effect on his life. But if he commits a murder, 
rape, or other serious crime, and DNA matching can identify him as the 
perpetrator, then it is good that the information was retained.''
  From the Chicago study--which examines the experience of just one 
American city over recent years--we know that an all-arrestee database 
can and inevitably will make the critical difference in solving and 
preventing violent sex offenses. From the British experience, we know 
that a comprehensive database can be a highly effective tool in solving 
crimes. And we know that DNA databasing does not violate the right to 
privacy. I urge the Congress to enact the DNA Fingerprint Act--before 
another preventable sex crime occurs.
  I ask unanimous consent that the text of the Chicago study be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Case Study of 8 Serial Killers and Rapists: 60 Violent Crimes Could 
    Have Been Prevented, Including 22 Murders and 30 Rapes, City of 
                          Chicago, March 2005

       If Illinois collected DNA from 8 serial killers and rapists 
     during any of their felony arrests, over 60 serious violent 
     crimes would never have occurred. These include: 22 murders--
     all female victims ranging from 24 to 44 years old; 30 
     rapes--all victims ranging from 15 to 65 years old; attempted 
     rapes; and aggravated kidnapping.
     Offender Andre Crawford, 37 years old: 10 preventable murders 
         and 1 preventable rape
       Andre Crawford has been charged with eleven murders and one 
     attempted murder/aggravated criminal sexual assault.
       In March 1993, Andre Crawford was arrested for Felony 
     Theft. If Illinois required him to give a DNA sample during 
     that felony arrest, a DNA match could have been obtained with 
     the DNA evidence recovered from his first murder, thereby 
     identifying him as the offender and the subsequent 10 murders 
     and one attempted murder/criminal sexual assault would have 
     been prevented.

[[Page S9530]]

       Timeline of Events: On March 6, 1993, Andre Crawford was 
     arrested for Felony Theft.
       On September 21, 1993, a 37-year-old woman was found 
     murdered. Her body was discovered in a vacant factory lot on 
     the 700 block of West 50th Street. She had blunt trauma to 
     her head. DNA evidence was recovered.
       The following are 10 preventable murders & 1 preventable 
     attempted murder/rape which would not have occurred had 
     Crawford's DNA sample been taken on March 6, 1993:
       On December 21, 1994, a 24-year-old woman was found 
     murdered. Her body was found in an abandoned building on the 
     800 block of West 50th Place. DNA evidence was recovered.
       On April 3, 1995, a 36-year-old woman was found murdered. 
     Her body was discovered in an abandoned house on the 5000 
     block of South Carpenter. DNA evidence was recovered.
       On May 3, 1995, Andre Crawford was arrested for Attempted 
     Criminal Sexual Abuse (Felony). Another missed opportunity to 
     have his DNA sample entered into the system and to prevent 
     further violence.
       On July 23, 1997, a 27-year-old woman was found murdered. 
     Her body was discovered in a closet of an abandoned house on 
     the 900 block of West 51st Street. DNA evidence was 
     recovered.
       On December 27, 1997, a 42-year-old woman was raped. As she 
     walked, an offender approached her from behind, placed a 
     knife to her head, dragged her into an abandoned building on 
     the 5100 block of South Peoria, then beat and raped her. DNA 
     evidence was recovered.
       In January 1998, Andre Crawford was arrested for Possession 
     of a Controlled Substance (Felony). Another missed 
     opportunity to have his DNA sample entered into the system 
     and to prevent further violence.
       In June 1998, a 31-year-old woman was found murdered. Her 
     body was discovered in an abandoned building on the 5000 
     block of South May Street.
       On August 13, 1998, a 44-year-old woman was found murdered. 
     A rehabber discovered her body in the kitchen of an abandoned 
     house on the 900 block of West 52nd Street. Her clothes were 
     found in the alley. DNA evidence was recovered.
       On August 13, 1998, a 32-year-old woman was found murdered. 
     A real estate agent discovered her decomposed body lying on 
     the floor in the attic on the 5200 block of South Marshfield. 
     DNA evidence was recovered.
       On December 8, 1998, a 35-year-old woman was found 
     murdered. A rehabber discovered her body with her pants one 
     around her ankle and the other completely off in a building 
     on the 1200 block of West 52nd Street. She had rope marks 
     around her neck and injuries to her face. DNA evidence was 
     recovered.
       On February 2, 1999, a 35-year-old woman was found 
     murdered. Her body was discovered on the 1300 block of West 
     51st Street. DNA evidence was recovered.
       On April 21, 1999, a 44-year-old woman was found murdered. 
     Her body was discovered in the upstairs of an abandoned house 
     on the 5000 block of South Justine. DNA evidence was 
     recovered.
       On June 20, 1999, a 41-year old woman was found murdered. 
     Her body was found in the attic of an abandoned building on 
     the 1500 block of West 51st Street. DNA evidence was 
     recovered from blood on the wall which indicated a struggle.
       In November 1999, Andre Crawford was arrested for 
     possession of a controlled substance (felony). Another missed 
     opportunity to have his DNA sample entered into the system 
     and to prevent further violence.
       In January 2000, Andre Crawford was charged with 11 murders 
     and 1 aggravated criminal sexual assault. If his DNA sample 
     had been taken on March 6, 1993, the subsequent 10 murders 
     and 1 rape would not have happened.
     Offender Brandon Harris, 18 years old: 4 preventable rapes 
         and 1 preventable kidnapping
       Brandon Harris was convicted of five aggravated criminal 
     sexual assaults and one aggravated kidnapping/attempted rape.
       In August 2000, Brandon Harris was arrested with a felony 
     charge. If Illinois required him to give a DNA sample after 
     that arrest, a DNA match could have been obtained with the 
     DNA evidence recovered from his first rape, thereby 
     identifying him as the offender and the subsequent four rapes 
     and one attempt rape/armed robbery/aggravated kidnapping 
     would have been prevented.
       Timeline of events: On December 2, 1999, a 17-year old girl 
     was raped. As she was waiting for a bus, an offender 
     displayed a knife, forced her to an abandoned garage on the 
     100 block of South 83rd Street and raped her.
       On August 25, 2000, Brandon Harris was arrested for 
     aggravated criminal sexual assault.
       On October 29, 2000, Brandon Harris was arrested for 
     aggravated criminal sexual assault.
       The following are 4 preventable rapes and 1 attempted rape/
     armed robbery/aggravated kidnapping which would not have 
     occurred had Harris's DNA sample been taken on August 25, 
     2000.
       On November 26, 2000, a 25-year old woman was raped. As she 
     walked to work, an offender approached her, displayed a 
     handgun, forced her into an abandoned house on the 7900 block 
     of South Yale and raped her. DNA evidence was recovered.
       On November 29, 2000, a 19-year old girl was robbed and 
     kidnapped. As she attempted to exit an L-Train, an offender 
     displayed a handgun and demanded her to stay on the train. 
     The offender ordered the victim to exit the train at a later 
     stop, took her to an abandoned basement on the 200 block of 
     West 80th Street where he made her take her clothes off and 
     took her money.
       On December 7, 2000, Brandon Harris was arrested for 
     robbery--armed with a firearm & UUW (felony). However, 
     Brandon was not convicted until February 5, 2001 and 
     sentenced to home confinement. Six days later, he rapes 
     again.
       On February 11, 2001, a 22-year old woman was raped. As she 
     was waiting for a bus, an offender pulled up in a vehicle, 
     ordered her into the car at gunpoint and raped her on the 
     8200 block of South Harvard. DNA evidence was recovered.
       On February 28, 2001, a 15-year old girl was raped. She 
     exited an L-station and began to walk home when an offender 
     walked up behind her, stuck a piece of glass to her neck, 
     forced her to a basement stairwell on the 8000 block of South 
     Princeton and raped her. DNA evidence was recovered.
       On May 19, 2001, a 17-year old girl was raped. As she 
     waited for a bus, an offender approached her, led her at 
     gunpoint to a backyard on the 8100 South Harvard and raped 
     her.
       Brandon Harris was convicted of 5 aggravated criminal 
     sexual assaults and 1 attempt aggravated criminal sexual 
     assault. If his DNA sample had been taken on August 25, 2000, 
     the subsequent 4 rapes and 1 attempt rape would not have 
     happened.
     Offender Geoffrey T. Griffin, 31 years old: 8 preventable 
         murders and 1 preventable rape
       Geoffrey Griffin has been charged with eight murders and 
     one aggravated criminal sexual assault.
       In December 1993, Geoffrey Griffin was arrested for 
     possession of a controlled substance (felony). If Illinois 
     required him to give a DNA sample after that felony arrest, a 
     DNA match could have been obtained with the DNA evidence 
     recovered from his first rape, thereby identifying him as the 
     offender and the subsequent eight murders, one rape and one 
     attempted rape would have been prevented.
       Timeline of Events: On August 26, 1995, Geoffrey Griffin 
     was arrested for possession of a controlled substance.
       On July 10, 1998, a 37-year-old woman was raped. She was 
     forced into an abandoned building on the 6700 block of South 
     Halsted. After being raped, she was beat into unconsciousness 
     and left to die. DNA evidence was recovered from the sexual 
     assault kit.
       The following are 8 preventable murders, 1 rape and 1 
     attempted rape which would not have occurred had Griffin's 
     DNA sample been taken on August 26, 1995.
       On July 11, 1998, a 36-year-old woman was found murdered. 
     She was found in the rear yard on the 7400 block of South 
     Halsted, naked from the waist down. She suffered blunt trauma 
     to the face and head. DNA evidence was recovered from the 
     sexual assault kit.
       On February 7, 1999, a 22-year-old woman was raped. She was 
     attacked in an abandoned building on the 10900 block of South 
     Edbrooke. The offender raped her, then beat her in the head 
     with a brick and burned her eyes. DNA evidence was recovered 
     from the sexual assault kit.
       On May 2, 2000, a 33-year-old woman was found murdered. She 
     was raped, and then strangled to death on the 15800 block of 
     South Park. She was found naked. DNA evidence was recovered 
     from the victim's fingernail clippings.
       On May 12, 2000, a 32-year-old woman was found murdered. 
     She was found naked in an abandoned building on the 11800 
     block of South Yale. She was strangled to death. DNA evidence 
     of the assailant was recovered from the sexual assault kit.
       On May 17, 2000, a 32-year-old woman was found murdered. 
     Her body was discovered in an abandoned building on the 11900 
     block of South LaSalle. The murderer's jacket had the 
     victim's blood stains on it. DNA evidence was recovered.
       On June 13, 2000, a 21-year-old woman was attacked. As she 
     was in an abandoned building on the 11900 block of South 
     Wallace, an offender attempted to rape her. She was struck 
     with a knife, but escaped.
       On June 16, 2000, a 29-year-old woman was found murdered. 
     Her body was discovered in an abandoned building on the 10700 
     block of South Michigan. DNA of the assailant was recovered 
     from the victim's fingernails. Later matched.
       On June 19, 2000, a 47-year-old woman was found murdered. 
     Her body was found naked from her waist down and the cause of 
     death was strangulation on the 20 block of East 113th Place 
     (occurrence May 25, 2000). DNA of the assailant was recovered 
     from the victim's fingernails.
       On June 22, 2000, a 39-year-old woman was found murdered. 
     Her body was found in an abandoned house on the 200 block of 
     West 112th Place (occurrence June 13, 2000). She was naked 
     from the waist down and the cause of death was strangulation. 
     DNA evidence was recovered. The murderer's jacket had the 
     victim's blood on it.
       On June 27, 2000, a 44-year-old woman was found murdered. 
     She was strangled to death. Her body was found naked from the 
     waist down on the 11000 block of South Edbrooke (occurrence 
     June 13, 2000). The murderer's jacket had the victim's blood 
     on it.
       Geoffrey Griffin was arrested on June 17, 2000. He has 
     subsequently been charged with eight murders and 1 aggravated 
     criminal sexual assault. If his DNA sample had been

[[Page S9531]]

     taken on August 26, 1995, the 8 murders, 1 rape and 1 
     attempted rape would not have happened.
     Offender Mario Villa, 37 years old: 8 preventable rapes or 
         attempted rapes
       Mario Villa has been charged with four rapes, linked by DNA 
     to two other rapes, and a main suspect in an additional rape 
     and two attempted rapes.
       In February 1999, Mario Villa was arrested for felony 
     burglary. If Illinois required him to give a DNA sample after 
     that arrest, a DNA match could have been obtained with the 
     DNA evidence recovered from his first rape, thereby 
     identifying him as the offender and the subsequent six rapes 
     and two attempted rapes would have been prevented.
       Timeline of Events: On February 6, 1999, Mario Villa was 
     arrested for burglary (felony).
       On July 5, 1999, a 16-year-old girl was raped. As she slept 
     in her apartment on the 1300 block of North Dean Street, an 
     offender entered her apartment and raped her. He ordered her 
     to take a shower after raping her. DNA evidence was recovered 
     from the criminal sexual assault kit.
       The following are 8 preventable rapes or attempted rapes 
     which would not have occurred had Villa's DNA sample been 
     taken on February 6, 1999.
       On May 26, 2002, a 32-year-old woman was raped. As she 
     slept in her apartment on the 1300 block of South Greenview, 
     an offender entered her residence, raped her and then ordered 
     her to take a shower. DNA evidence of the assailant was 
     recovered from the criminal sexual assault kit.
       On March 17, 2003, a 47-year-old woman was raped. As she 
     sat in her car at a forest preserve in Lisle, Illinois, the 
     offender ordered her into the woods and raped her. DNA 
     evidence of the assailant was recovered from the criminal 
     sexual assault kit. Linked by DNA.
       On June 8, 2003, a 19-year-old woman was attacked in her 
     apartment. As she slept in her apartment on the 1800 block of 
     North Halsted, an offender entered her residence and 
     attempted to rape her. The victim yelled, ``Fire, fire'' and 
     the offender fled.
       On August 22, 2003, a woman was raped in Kenosha, 
     Wisconsin. DNA evidence of the assailant was recovered from 
     the criminal sexual assault kit. Linked by DNA.
       On October 4, 2003, a 29-year-old woman was attacked at 
     home on the 1200 block of West Byron at 3 a.m. in the 
     morning, an offender entered her apartment and attempted to 
     rape her.
       On October 15, 2003, a 24-year-old woman was raped. As she 
     slept in her apartment on the 3500 block of West Greenview, 
     the offender entered her residence, placed a pillow over her 
     face and raped her. Offender ordered her to take a shower 
     after raping her.
       On December 20, 2003, a 40-year-old woman was raped. As she 
     slept in her apartment at 1300 of West Ohio, an offender 
     entered her residence, told her not to say anything, placed a 
     pillow over her mouth and raped her. Offender ordered her to 
     take shower after raping her.
       On February 7, 2004, a 23-year-old woman was raped. As she 
     slept in her apartment, an offender entered her residence on 
     the 2000 block of North Cleveland and raped her. The offender 
     ordered her to take a shower after raping her.
       On March 19, 2004, police officers obtained a search 
     warrant and swabbed a DNA sample from Mario Villa as he 
     appeared in court on an unrelated criminal trespassing 
     charge. Subsequently, Mario Villa was charged with 4 
     aggravated criminal sexual assaults, linked by DNA or 
     similarities in the other crimes. If his DNA sample had been 
     taken on February 6, 1999, the subsequent 6 rapes and 2 
     attempted rapes would not have happened.
     Offender Bernard Middleton, 55 years old: 1 preventable 
         murder and 2 preventable rapes
       Bernard Middleton has been charged with one murder and 
     three aggravated criminal sexual assaults.
       Bernard Middleton was arrested for felonies in 1987 and 
     1993, if Illinois required him to give a DNA sample after 
     either arrest, a DNA match could have been obtained with the 
     DNA evidence recovered from his first rape, thereby 
     identifying him as the offender and the subsequent murder and 
     two rapes would have been prevented.
       Timeline of Events: On January 17, 1987, Bernard Middleton 
     was arrested for aggravated battery.
       On May 6, 1993, Bernard Middleton was arrested for felony 
     theft.
       On September 25, 1995, a 22-year-old woman was raped. As 
     she waited for a bus, an offender placed a knife to her head, 
     led her to an isolated area, beat and raped her on the 600 
     block of West Garfield. DNA evidence was recovered.
       The following is 1 preventable murder and 2 preventable 
     rapes which would not have occurred had Middleton's DNA 
     sample been taken on May 6, 1993.
       On October 16, 1995, a 32-year-old woman was found 
     murdered. She was lured into a stairwell at Hope Academy on 
     the 5500 block of South Lowe, raped, and then murdered. Her 
     body was found in the stairwell. DNA evidence was recovered 
     from the criminal sexual assault kit.
       On May 28, 1997, Bernard Middleton was arrested for felony 
     theft. Another missed opportunity to have his DNA sample 
     entered into the system and to prevent further violence.
       On July 25, 1997, a 34-year-old woman was raped. The 
     offender placed a knife against her head, told that she would 
     be killed and then raped her on the 5500 block of South 
     Calumet. DNA evidence was recovered.
       On September 14, 1998, Bernard Middleton was arrested for 
     felony theft. Convicted on October 9, 1998 and sentenced to 
     probation for 1 year. Another missed opportunity to have his 
     DNA sample entered into the system and to prevent further 
     violence.
       On October 31, 1998, a 48-year-old woman was raped. As she 
     walked down the street, an offender grabbed her from behind, 
     placed a knife against her, forced her to the alley and raped 
     her on the 1500 Block of North Claremont Avenue. DNA evidence 
     was recovered.
       On November 12, 2001, Bernard Middleton was arrested for 
     possession of a controlled substance. Another missed 
     opportunity to have his DNA sample entered into the system 
     and to prevent further violence.
       On August 8, 2002, Bernard Middleton was arrested for 
     felony retail theft. Convicted and sentence to 20 months. 
     Another missed opportunity to have his DNA sample entered 
     into the system and to prevent further violence.
       On May 1, 2003, Bernard Middleton was charged with the 
     aforementioned murder and three rapes. While Bernard 
     Middleton was in prison for a retail theft conviction in 
     2002, his DNA sample was entered into the DNA database and 
     his sample matched the evidence recovered from the previous 
     unresolved cases. If his DNA sample had been taken on May 6, 
     1993, the murder and 2 rapes would not have happened.
     Offender Ronald Macon, 35 years old: 2 preventable murders 
         and 1 preventable criminal sexual assault
       In 2003, Ronald Macon was convicted of three murders and 
     one criminal sexual assault.
       Ronald Macon was arrested for a felony charge on three 
     separate occasions in 1998. If Illinois required him to give 
     a DNA sample after his first felony arrest in 1998, a DNA 
     match could have been obtained with the DNA evidence 
     recovered from his first murder, thereby identifying him as 
     the offender and the subsequent two murders and one criminal 
     sexual assault would have been prevented.
       Timeline of Events: On January 13, 1998, Ronald Macon was 
     arrested for retail theft (felony).
       On July 20, 1998, Ronald Macon was arrested for defacing 
     property (felony).
       On September 8, 1998, Ronald Macon was arrested for retail 
     theft (felony).
       On February 18, 1999, a 43-year-old woman was found 
     murdered. Her body was discovered on the 100 block of East 
     45th Street. DNA evidence was recovered.
       The following are 2 preventable murders and 1 preventable 
     criminal sexual assault which would not have occurred had 
     Macon's DNA sample been taken on January 13, 1998.
       On April 4, 1999, a 35-year-old woman was found murdered. 
     She was choked and beaten to death with an electrical box on 
     the 5900 block of South Damen Ave. DNA was evidence 
     recovered.
       On June 21, 1999, a woman was found murdered. She was 
     choked, raped; her hands and feet were bound with shoelaces, 
     and then strangled to death with a strap from a bag. Her body 
     was discovered on the 400 block of East 69th Street. DNA 
     evidence was recovered.
       On August 9, 1999, Ronald Macon was arrested for criminal 
     sexual assault of a 65-year-old woman. Ronald Macon placed a 
     knife to the victim's neck and demanded her jewelry and 
     money. Ronald Macon then wrapped a cord around her hands, led 
     her into the bedroom and raped her.
       On September 11, 2003, Ronald Macon was sentenced for life 
     in prison for killing the three women and sentenced to 30 
     years for raping a 65-year-old woman. If his DNA sample had 
     been taken on January 13, 1998, 2 murders and 1 rape would 
     not have happened.
       [The remainder of the study describes 11 preventable rapes 
     committed by offenders Ronald Harris and Arto Jones, and 5 
     preventable rapes committed by offender Nolan Watson, all of 
     which could have been prevented if Chicago had collected DNA 
     from all felony arrestees.]
                                 ______