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State Must Relinquish DNA Records

In the months leading up to Mitchell's arrest, the AAPD came under great criticism for its poor handling of the investigation - the biggest uproar resulting from its perceived treatment of black males during the investigation. The police released a vague, general description of the suspect as a light-complexioned black man between the ages of 25 and 35, standing approximately six feet tall and weighing about 170 pounds. The AAPD proceeded to collect blood samples from approximately 160 men, acting on anonymous tips from frightened citizens deluded by an extremely vague description. Even though a comparison of the suspects' DNA with genetic material in samples retrieved from the victims cleared most men from suspicion, the damage - in terms of vicious rumors and slander - was done.

Lawsuits followed closely thereafter. Blair Shelton, one of the men forced to supply blood, may have lost his job as a result. In response to that and other alleged incidents, he filed a lawsuit in April 1995 claiming undue harassment by local police. Besides resulting in a $60,000 out-of-court settlement for Shelton, the suit also indirectly led to a ruling last December. Wilder's original ruling instructed the state laboratory to return the blood samples and the analysis records to the AAPD, so that it could return both to the cleared men. The state eventually turned over the blood samples, which remain available for pickup by their owners. However, the state lab retained the test records, necessitating a second court session before Judge Wilder. Thus, last Wednesday, nearly five months after his original ruling, Wilder had to reissue his order that the lab return the DNA records to Ann Arbor.

As of yet, the lab has not complied with the ruling. In addition, the state is considering an appeal of Wilder's decision. Although it seems doubtful the state will succeed in its appeal, the very fact that it ponders challenging the ruling is disturbing.

In defense of the state's disobedience, officials cited a need to keep the material for record-keeping purposes. In response to critics concerned about state police using the files in future investigations, officials offered to label the files off-limits for any future investigations.

This is clearly an inadequate solution. By insisting they keep the DNA test records, state officials reduce the city's action - relinquishing the blood samples - to an almost meaningless gesture. If the state successfully appeals Wilder's order to turn over the records, the city's action to return the blood samples is pointless - the state would still have on file all the information obtained from the samples.

The state's arguments in favor of retaining the DNA records are invalid. The fact remains that the men who donated the samples are innocent of the crimes in which they were suspects. If these men are not guilty of this crime, the state police should not retain their records.

The state police must overcome its reliance on paperwork and do the right thing in this case: turn over the records to the Ann Arbor police so they may be released to their rightful owners or destroyed. Following a series of debacles and wrongful accusations, it is time for the case of the serial rapist and its shoddy aftermath to finally be put to rest.