State lawmakers tackling controversial DNA bill
OLYMPIA, Wash. -- A controversial new bill would require suspects to give a DNA sample as soon as they're arrested, but some people argue the law would be unconstitutional.
Opponents of the bill say it could violate Fourth Amendment rights against illegal search and seizure, but supporters say public safety should outweigh that risk.
Nobody has a stronger opinion on the proposal than Charisa Nicholas, who was kidnapped by a violent serial rapist in 2005.
Anthony Dias was on a crime spree seven years ago when he tied up two Tacoma women and made them watch as he raped their roommate.
Nicholas was one of those kidnapped women, and she's now breaking her silence about the horrific crime in order to illustrate how important this new bill could be.
"There's not words that could definitely describe the horror that unfolded that night," Nicholas said.
Nicholas believes lawmakers could have done more to prevent crimes like the one she endured.
Right now, the legislature is considering a bill that would mandate suspects give a DNA sample after they've been arrested for a serious crime, rather than when they're convicted. The sample would be entered into a database and would be destroyed if the suspect is found to be innocent.
In the case of Dias, he was out on bail for a felony hit-and-run when he went on a crime spree, raping a half dozen people, including children.
Prosecutors argue that if Dias had given a DNA sample after his hit-and-run arrest he would have been caught following the first rape.
"DNA is better than the best witness," said Pierce County Prosecutor Mark Lindquist. "DNA has no bias, has no prejudice, it doesn't need glasses, memory never fades. It's absolutely reliable evidence."
But opponents argue that the evidence would come at too high a cost.
"Just doing it with anybody that gets arrested and not convicted is a loss of due process, a loss of privacy," said King County Councilman Larry Gossett.
Nichols feels differently and says she will not stop until the bill becomes law.
"I don't want any other child or woman to have to go through -- or man -- what we endured that night. Horrific. And nobody needs to go through that," she said.
House Bill 2588 is currently in committee. Similar versions have failed in previous sessions.
Opponents of the bill say it could violate Fourth Amendment rights against illegal search and seizure, but supporters say public safety should outweigh that risk.
Nobody has a stronger opinion on the proposal than Charisa Nicholas, who was kidnapped by a violent serial rapist in 2005.
Anthony Dias was on a crime spree seven years ago when he tied up two Tacoma women and made them watch as he raped their roommate.
Nicholas was one of those kidnapped women, and she's now breaking her silence about the horrific crime in order to illustrate how important this new bill could be.
"There's not words that could definitely describe the horror that unfolded that night," Nicholas said.
Nicholas believes lawmakers could have done more to prevent crimes like the one she endured.
Right now, the legislature is considering a bill that would mandate suspects give a DNA sample after they've been arrested for a serious crime, rather than when they're convicted. The sample would be entered into a database and would be destroyed if the suspect is found to be innocent.
In the case of Dias, he was out on bail for a felony hit-and-run when he went on a crime spree, raping a half dozen people, including children.
Prosecutors argue that if Dias had given a DNA sample after his hit-and-run arrest he would have been caught following the first rape.
"DNA is better than the best witness," said Pierce County Prosecutor Mark Lindquist. "DNA has no bias, has no prejudice, it doesn't need glasses, memory never fades. It's absolutely reliable evidence."
But opponents argue that the evidence would come at too high a cost.
"Just doing it with anybody that gets arrested and not convicted is a loss of due process, a loss of privacy," said King County Councilman Larry Gossett.
Nichols feels differently and says she will not stop until the bill becomes law.
"I don't want any other child or woman to have to go through -- or man -- what we endured that night. Horrific. And nobody needs to go through that," she said.
House Bill 2588 is currently in committee. Similar versions have failed in previous sessions.
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