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Judge postpones ruling on return of DNA records

Judge Curtis Wilder listened to arguments from both sides yesterday and then decided to delay his decision until May1 on whether the Michigan State Police must return the genetic blood test records of 160 Ann Arbor men.

Police took and performed DNA testing on the blood samples during an Ann Arbor-area search for 1994's serial rapist. Ervin Mitchell was convicted and sentenced to life in prison last summer for the crimes.

In December, the state police -- under Wilder's orders -- turned over the blood vials but kept the DNA records. Ann Arbor resident Blair Sheldon then sued to recover his DNA records.

Assistant Attorney General Mark Blumer told the court the DNA records the state police are holding are not specific enough to reveal individual traits about Sheldon. "The state police can't even narrow Mr. Sheldon's record down to the population of Ann Arbor," he said.

"There's nothing unique to Mr. Sheldon in what the state police are holding."

Blumer also maintained the police would not use Sheldon's genetic record against him in future cases. "These records are purely internal -- they won't be used against him," he said. "They can't."

Richard Soble, Sheldon's attorney, said precedent in this matter suggests the court should protect privacy rights of the parties involved. "He is entitled based on (the precedent) to get those records back," Soble said.

"The statute is not concerned with the test's accuracy -- the statute is concerned with protecting privacy rights," Soble said. "When you cut right through it the statute says, `Convict or give it back.'"

Blumer also said that if the judge forced the police's crime lab to "perjure" its records, the lab might lose its board certification authorizing it to perform genetic tests.

Soble said deluging the records would not hurt the lab's certification and that "the Michigan State Police, although an organization that operates on the governmental level, is not above the law."

Wilder said this matter had "unique applications to the state of Michigan" before announcing he planned to delay his decision.

After the hearing, Sheldon said the state police were not complying with the court's previous order to turn over the records. "The judge told them to give the records back before and they haven't done that," he said. "They are sandbagging on this issue."

Sheldon, who already received a $60,000 settlement in punitive damages from the city for the taking of his blood sample, said this issue would not end until his police record is erased. "I don't want a permanent record with the state police following me in my personal life," he said.