Consortium Lobbies Capitol Hill on Behalf of Forensic Science Community
Getting Crime Lab Funding on the Congressional Level
By Kelly M. Pyrek

A forensic-science indoctrination is taking place on Capitol Hill -- one that could make or break the ability to resolve the current DNA evidence backlog in crime laboratories and law enforcement agencies everywhere. It is estimated that as many as half a million DNA samples await analysis because of the lack of manpower, money and resources needed by labs. Some strides have been made, including the passage of the National Forensic Science Improvement Act (NFSIA), now called the Paul Coverdell National Forensic Sciences Act of as well as introduction and support of important legislation like the Rape Kit DNA Analysis Backlog Elimination Act, the DNA Sexual Assault Justice Act and the Debbie Smith Act -- bills which if funded, could provide hundreds of millions of dollars to fund DNA evidence analysis, the hiring of more forensic scientists, the creation of more crime labs and the training of more forensic nurses.

It's an ambitious agenda, and leaders of the forensic science community are doing everything they can to persuade lawmakers that funding a bill is just as important as passing one ... or what is the point? With so much money on the line, the forensic science community is attempting to raise awareness of the field among politicians, going so far as to forming a consortium and hiring a lobbyist to represent forensic science interests.

Barry A.J. Fisher

Critical to the future success of crime labs is the funding of the Coverdell act, which earmarks approximately $135 million for such facilities, according to Barry A.J. Fisher, director of the Los Angeles County Sheriff's Department crime lab. He reports that $5 million was divvied up among the country's crime labs last year and says it's a drop in the bucket. However, he is quick to say that it is incumbent upon crime labs to make themselves and their work more visible to Congress.

To that end, four major forensic science associations came together several years ago to form the Consortium of Forensic Science Organizations: the American Academy of Forensic Sciences (AAFS), the American Society of Crime Lab Directors (ASCLD), the International Association for Identification (IAI) and the National Association of Medical Examiners (NAME). The consortium hired Washington lobbyist Beth Lavash to help forensic science raise its profile on Capitol Hill.

"I'm in Washington four to six times a year but the reality is, unless you have a constant presence there to interact with key players and develop networks, you can't make things happen," Fisher says. "We don't have as many champions in Congress as we'd like. The two principle ones are Sen. Jeff Sessions (R-Alabama), who's on the Senate Judiciary Committee, and Congressman Anthony Weiner (D-New York), who has been pushing on the Debbie Smith Act. What we need are champions in the administration. We have reached out to presidential science advisors at the White House Office of Science and Technology Policy (OSTP). Forensic science is typically not on anyone's radar screen and we are trying to change that."

Joe Polski

Joseph Polski, chair of the consortium and chief operations officer of the IAI, explains the consortium was formed after a group called the States Coalition, comprised of state crime bureau directors, was looking for assistance with their cause.

"They put together the precursor to the Coverdell act, the NFSIA," Polski says. "Although they were flying by the seat of their pants, they were able to make some headway with the NFSIA bill but they weren't equipped to handle many of the obstacles to lobbying on Capitol Hill. Congress was getting several different messages from the forensic science community, and Congress said, 'If you every expect to get two dimes from us, you're going to have to get your act together and talk with one voice because we don't know who represents what.'"

Polski says consortium member organizations were able to focus on their commonalities and create solidarity with respect to funding and policy issues affecting forensic science. "We built on the support of the NFSIA, changed it to the Coverdell act and had some success," Polski says. "Not as much success as we wanted, but success nonetheless. We also had more success in policy, getting forensic science interests included in the language of bills and raising the visibility of crime labs in Washington. It's a very slow process. No matter how you cut it we are still a very small part of what goes on in the world. We are happy to be making headway through our Washington lobbyist, Beth Lavash, who represents us five days a week. Right now we are trying to get crime-lab funding through the Coverdell act. The Senate has approved more than the House is likely to approve; the House hasn't appropriated the money yet and probably won't do that until January. "

The consortium's other priority is garnering support for a White House-level summit meeting or commission that would examine issues facing crime labs and the forensic science community. "We know what we would like to see happen but what form these things take is out of our hands. The OSTP has been very receptive to the idea of a summit. We need to get the message out that an adequate level of funding is key, and we need to raise awareness of what part forensic science plays in the criminal justice system. There has been a ton of publicity on DNA but yet DNA, in the crime lab world, is probably only 5 percent of what comes in the door. I don't want to detract from the tremendous strides DNA has helped us make in solving crimes, but the other 95 percent is left in the lurch and there's a tremendous need for resources, equipment and people to do all the other things crime labs do."

Polski says he is optimistic about the impact the consortium is having in Washington, but concedes there's much more ground to cover. "When bills are written and appropriations are made, there seems to be more awareness of the importance of forensic science. In that respect I am encouraged."

Awareness is one thing; money is quite another. "The dilemma is there's never enough to go around," Polski comments. "What we have gotten in the last few years is $5 million and when you lay that over 50 states, that's just nothing. If fully funded, the Coverdell act authorizes $135 million next year. I don't have illusions that we're going to get $135 million, but we certainly would like to get more than $5 million."

Polski encourages members of the consortium to take action on crime labs' behalf. "Between the four organizations in the group we have about 11,000 members. If every member wrote a letter to a senator or congressman, those 11,000 letters to Capitol Hill would make a difference. Our members see the value of our efforts and they are starting to pay off slowly; like our lobbyist said, now when legislation affecting forensic science comes along, she invariably gets a call. People know where to go and we have a pipeline. That's good, but there's still more work to be done."

Fisher explains that currently, one of the difficulties of pushing the forensic science agenda is Capitol Hill's focus on terrorism threats and homeland security. Yet, as Fisher points out, forensic science is a vital component of these policy issues.

"September 11 has changed Washington's focus and if we can relate forensic science's needs to homeland security, we probably have a better chance of getting people's attention," Fisher says. "Crime and forensics is not as hot an issue right now as terrorism, but it's a fallacy to say there's no connection."

He points to the forensic science community's presence at ground zero in New York City. "The major push for identifying the remains of those who died was the Chief Medical Examiner's Office," Fisher says. "This was a local function, not a federal one, as the ME did the DNA work. There was a lot of help from federal resources -- DMORT and other medical and disaster professionals -- but the forensic work was left to the labs. If you look at the contingency plans being put together for terrorist preparedness, there is virtually no mention of the forensic science component. The notion is somehow the FBI will come riding in on their steeds and take over. However, in the first 48 or 72 hours locals will be left to their own devices. And crime labs figure prominently."

Fisher says the consortium hopes to have a hearing before Congress in the spring regarding forensic science needs.

"We have pieces of the puzzle still missing," Fisher says, adding that legislation like the Debbie Smith Act, with its potential to train hundreds more forensic nurses, is one such component that will help put the puzzle together.

"You can have the most capable forensic nurses in a hospital, collecting fantastic evidence that gets handed off to the police and is sent to the crime labs, but if the labs don't have the wherewithal to do the work, all of that effort, as good as it was, has been for naught," Fisher emphasizes.

In the wake of the Debbie Smith Act, which addresses the DNA analysis backlog, come efforts in California to empower rape victims in their inquiries about the status of their rape-kit evidence. California Attorney General Bill Lockyer and Los Angeles County District Attorney Steve Cooley are pushing for legislation requiring that sexual assault victims be kept informed about the processing of the DNA evidence in their cases. The proposed legislation is being called the DNA Bill of Rights for Sexual Assault Victims and is supported by the Los Angeles County Sexual Assault Coalition and the Los Angeles Commission on Assaults Against Women, among other groups.

"The bill will try to empower rape victims, allowing them to ask the hard questions about their rape-kit evidence such as, 'Has it been submitted to the lab? What are the results? Has anything happened?' The economy is tight and there's no money for these kinds of programs, but they are doing this to raise awareness of the issue. It would allow victims to ask, 'Is there an investigation or is it just a public relations effort?'" Fisher says.

That forensics has saturated popular culture via television shows like "CSI" isn't lost on crime lab directors like Fisher; however, the fiction of analyzing trace evidence and solving crimes in mere days has created a false illusion about real forensic labs' capabilities. According to the Bureau of Justice Statistics' Survey of Crime Laboratories , 81 percent of 110 crime labs out of 120 known public forensic DNA laboratories responding to the survey reported DNA analysis backlogs.

"The public has let themselves be drawn into what they see on television, which doesn't mirror reality in most cases," Fisher says. "The truth is, most crime labs can do phenomenal work on an individual case basis, so if there is a hot case we need to work on, we can marshal incredible resources and get it done well. For example, the Los Angeles County Sheriff's Department was helpful with a local investigation where a serial rapist responsible for as many as 30 rapes was identified. We've worked on this case with the police for years; when the person was arrested we turned the evidence around in a weekend with people working around the clock. But as good as that effort was, we can't do that on every case because there are not enough resources. What is the public willing to fund? And how do we get policy-makers at the state and federal level to deal with these backlog issues?"

Fisher is quick to answer his own questions. "The first order of the day is education. We must inform politicians about the consequences of us not being able to do what needs to be done. There are serial rapists out there who are still working their trade because crime labs haven't been able to get to the evidence in time to catch them before they strike again. People are being assaulted and murdered because the impressive arsenal of science and technology that we have is not being used in our crime labs."

Fisher continues, "Something is broken and we need to fix it. (The DNA analysis backlog) is an offensive situation because it places public safety and welfare in jeopardy. It says maybe we'll get to the evidence the second time around. Crime lab personnel are dedicated people but they can't make things happen because policy makers aren't making the right decisions. Because of resource challenges we face significant backlogs. We are trying to grow our capacity but it's almost like a bottomless pit; the more success we have through cold hits, it still points to other cases that need attention, too."

Crime Lab Director Makes a Case for Forensic Nurses

Los Angeles County Sheriff's Department crime lab director Barry A.J. Fisher doesn't mince words when it comes to his support for forensic nurses.

"Forensic nurses fill an important role, in hospitals and other settings, where a trained medical practitioner who has the understanding of what it is to collect and preserve evidence, is needed," he says. "Forensic nurses know how to handle medico-legal issues no one else wants to. I used to lecture, some 25 years ago, to ER physicians; the vast majority of them weren't terribly interested in getting involved in sexual assault or abuse cases because it took them out of the ER and into court. Forensic nurses are a highly capable group of individuals who came along at the right time. They deserve the utmost respect of the rest of the criminal justice system and the support of those of us in the trenches with them."

Fisher says forensic nurses can help by developing relationships with the forensic science crime labs who process and analyze the evidence they collect. Fisher is troubled by the fact there is usually no way for the crime lab to provide feedback about the type and quality of the trace evidence collected by forensic nurses and advocates more communication between the two parties.

"A forensic nurse does the examination, collects the evidence, sends it to the lab and the lab doesn't have the mechanism to say, 'You've done a great job' or 'You're missing the mark.' If that kind of dialogue could be developed, that would be beneficial to everyone involved in the criminal justice process. Unlike other groups just focused in one discipline, the American Academy of Forensic Science is unique because it brings all the people whose first name is 'forensic.' My advice to nurses is to get this kind of cross-pollenization by interacting with all kinds of professionals in the forensic science community. It's important for all of us to interact and understand our commonalities. How forensic nurses deal with physical evidence, DNA evidence, trace evidence is something we need to know, and the ability to kick around ideas is a valuable thing."

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