Three years ago, Blair Shelton, like more than 160 other black Ann Arbor residents, submitted a DNA sample during the city's search for a serial rapist. During the year, police stopped him nine times because he fit the rapist's very loose description - that of a black male. What started as a witchhunt turned into a civil lawsuit filed against the Michigan State Police for violating the suspects' civil rights. More than two years after Shelton brought the case to the Washtenaw County Circuit Court, the Michigan State Supreme Court ruled that police officials must release the DNA records - providing the innocent men with justice that is long overdue.
Hysteria took over the city of Ann Arbor in 1994. A serial rapist was on the loose and to facilitate his apprehension, city police requested DNA submissions from many men to clear their name. The American justice system's backbone is that accused persons are innocent until proven guilty. The city's actions violated that dictum, requiring the men to prove that they were not guilty when there was no reason to believe that they were.
In a court trial, it is very difficult to compel a defendant to submit DNA. Because it is such an invasion of privacy, prosecutors often find it next to impossible to get a court order. If the state stockpiles the DNA records of innocent men, it violates their right to privacy and gives potential prosecutors an unfair advantage should they be brought to court. Director of Forensics for the Michigan State Police Richard Lowthian went so far as to call the contested files "business records." But DNA records are much more than a typical financial record - they contain very personal information that needs protection.
In April 1995, Shelton sued law enforcement officials for violating his civil rights. He also requested that the state release his DNA records. Earvin Mitchell was the only man convicted for the rapes - the rest of the men who contributed DNA samples are no longer under suspicion. Hence, they should have their samples returned to them to prevent their potential adverse use in the future.
After the Washtenaw County Court ruled in favor of Shelton, the state police appealed to the state Supreme Court. The Supreme Court justices upheld the circuit court's decision and ordered the police to release all DNA records of innocent persons. Justice for more than 160 men was a long time in coming - the court did the right thing. The state police should quickly comply with the ruling and destroy or return all DNA records.
The ruling marks an important victory for the right to privacy. If the state could stockpile DNA information like it does other records, it could put many people at a severe disadvantage in possible litigation. To protect residents' civil liberties it is vital that such records not be kept. Beyond being harassed and submitting to a DNA sample, Shelton also lost his job because of the search for the serial rapist. It is about time that the state stop their continued harassment and surrender the DNA records. Citizens must have the right to keep such private information away from governmental collection.
11-26-97
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