Sexual Assault

Attorney General Kamala D. Harris Announces End to Backlog that Slowed DNA Analysis at Justice Department Labs

January 25, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced that the California Department of Justice has cleared a backlog that slowed the analysis of DNA crime scene evidence and will now be able to perform routine analysis within 30 days, down from an average of 90 to 120 days.

“DNA testing is a powerful law enforcement resource – a smart on crime tool that we’re using in cutting edge ways in California,” Attorney General Harris said. “Public safety is too important not to embrace innovation and adopt technology where needed. Crime scene evidence is too important to sit unanalyzed for months, while the victims await justice.”

Attorney General Harris made DNA testing a priority in 2011, because of the direct link between timely investigations and successful prosecutions. Along with committing resources and encouraging Department of Justice labs to improve their procedures, the Attorney General introduced new technology that dramatically increased the speed with which cases are analyzed. Using robotics, an extraction method in sexual assault evidence analysis that once took two days now takes just two hours.

As a result of these efficiencies, state forensic analysts - for the first time ever - eliminated the backlog of untested evidence. In 2011, the Department’s Bureau of Forensic Services analyzed 5,400 evidence samples – an increase of 11 percent from 2010 (4,800) and 24 percent from 2009 (4,100).

As part of the DNA analysis, evidence samples are run through the CAL-DNA Data Bank. A “hit” occurs when DNA evidence from an unsolved crime sample matches a DNA profile from evidence in another case or the DNA profile of an offender or arrestee in the data bank.

The Bureau of Forensic Services operates 13 regional laboratories, seven of which perform DNA testing of biological evidence to assist local agencies in solving sexual assault cases and other crimes of violence. The seven DNA labs are located in Ripon (near Modesto), Fresno, Redding, Riverside, Sacramento, Santa Barbara and Richmond. The Bureau serves 47 of California’s 58 counties.

The CAL-DNA Data Bank contains the DNA profiles of 1.8 million offenders and arrestees in California, as well as crime scene evidence. It is the largest working DNA data bank in the United States and the fourth largest in the world.

DNA Helps Nab L.A.'s Suspected Westside Rapist

August 18, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – Attorney General Edmund G. Brown Jr. announced today that accused Westside Rapist John Floyd Thomas, Jr., who is scheduled to appear in a Los Angeles courtroom today, was apprehended in pursuit of DNA evidence in the Grim Sleeper serial murder case.

Thomas is accused of murdering seven women in Los Angeles and is a suspect in as many as two dozen other murders.

“DNA analysis by the state lab provided the key that unlocked the mystery of the Westside Rapist’s murders of women over two decades,” Brown said. “A suspect is in custody today because our forensic scientists were able to link his DNA to multiple crime scenes.”

Starting in 1972, a killer preyed late at night on older women in the mid-Wilshire area on the west side of Los Angeles. He also struck in Inglewood and Lennox. After raping and strangling his victims to death, he left their faces covered with a blanket or pillow. Most of them were in their 60s, 70s or 80s.

A decade later, a similar skein of rape-murders occurred in Claremont, east of Los Angeles.

The killings stopped in 1989. For years, police were unable to solve any of the cases.

Twenty years later, frustrated by their inability to catch the Grim Sleeper, who was believed to have killed as many as 10 people in south Los Angeles, LAPD officers tried a new tack. In the fall of 2008, they fanned out across the city to collect DNA from 92 registered L.A. sex offenders whose DNA was not already in the state databank.

Thomas was one of them. He had been convicted of a sexual assault in 1978 in which he snapped a 78-year-old woman’s ankle during an attack in Pasadena. She survived, a neighbor identified a license plate, and Thomas served five years in prison.

In the 2008 dragnet, Police doggedly pursued Thomas and the other offenders. Finally, Thomas agreed to come in for testing. Dressed for work as an insurance adjuster in slacks and a long-sleeved red dress shirt, Thomas reported to the LAPD Southwest Community station, where a DNA sample was taken from the inside of his cheek.

In March 2009, officials at the Department of Justice forensics lab that maintains the state DNA database notified Los Angeles detectives there was a DNA match between Thomas and unsolved murders – but not the Grim Sleeper cases police had set out to solve.

Thomas’ DNA matched genetic evidence found at the scene of a 1972 homicide of a 68-year-old woman in the mid-Wilshire area, one of the first of the Westside Rapist cases. His DNA was also linked to DNA collected at other Westside Rapist slayings.

Thomas, 74, is currently being held without bail in Los Angeles County Jail on seven counts of murder. He is scheduled to appear today in Department 30 on the fifth floor of the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles to set a date for his preliminary hearing.

Ultimately, the state DNA lab also played a critical role in the Grim Sleeper case. At the behest of the Los Angeles Police Department in 2008 and 2010, the lab searched its DNA databank for family members of the suspect. One convicted felon’s genetic blueprint showed he was almost certainly the suspect’s son. After further investigation, police on July 7 of this year arrested Lonnie David Franklin Jr. and charged him with multiple counts of murder in that case.

Brown Cites First-Degree Murder Verdict As Further Evidence of Power of DNA Matches to Solve Violent Crimes

July 30, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO - Attorney General Edmund G. Brown Jr. said today that a jury’s verdict of first-degree murder this week in a 1988 homicide in Redding is a powerful example of how DNA analysis conducted every day by state laboratories can “stop criminals from getting away with murder.”

“The Harper conviction, like the Grim Sleeper arrest earlier this month, is further evidence that DNA is becoming an increasingly important factor in fighting violent crime,” Brown said. “Work being done every day in our labs stops criminals from getting away with murder.”

Brian Harper, 40, was convicted Tuesday afternoon in a Redding court room for the 1988 murder of Judith Hasselstrom, 43, a Shasta County woman whose body was found in a local park. Investigators determined she had been strangled.

After Hasselstrom’s murder 22 years ago, blood was found on bamboo stalks that covered her body, but there was no way then to submit DNA from the blood for forensic analysis. DNA technology had yet to be developed for use in criminal investigations, but in 2002, investigators were able to test that blood sample to create a DNA profile of an unknown suspect in Hasselstrom’s murder. No suspects were identified, however, and for years, the evidence remained stored in the Redding Police Department’s “cold case” locker.

Harper’s DNA was collected after he was convicted of a 2007 bank robbery. Although Harper had never been a subject of the murder investigation, his DNA was tested and found to match the DNA found at the 1988 murder scene. State forensic scientists were also able to match two palm prints found on the bamboo stalks to Harper’s prints. Harper initially denied knowledge of Hasslestrom’s murder, but eventually admitted to killing her.

It was Redding’s first cold case homicide arrest involving a DNA hit. The Shasta County jury trial lasted three weeks and came back with its first-degree murder verdict after several days of deliberations. Harper is scheduled to be sentenced on September 10. He faces 25 years to life in prison.

Like the “Grim Sleeper,” the Harper case is an important example of how every day Brown’s forensic labs use DNA to solve violent crimes. Harper’s conviction illustrates the state’s DNA program is fulfilling its promise to make Californians safer and to bring criminals to justice. Each day, an average of nine “hits” are made in which forensic scientists match crime scene DNA to that of a suspect in the state database of 1.5 million offenders and arrestees.

Brown Announces Results of Operation Watchdog to Keep Tabs on Hundreds of Registered Sex Offenders in San Diego

July 15, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN DIEGO -- Attorney General Edmund G. Brown, Jr. announced today the successful completion of “Operation Watchdog,” an unprecedented law enforcement sweep to verify that 300 registered sex offenders in San Diego are obeying the law and living at the address they have reported to authorities. Nine arrests were made.

“Because of sex offenders’ propensity to reoffend, keeping tabs on them is crucial to protecting the public,” Brown said. “As in many things, the price of safety is constant vigilance, and my office is committed to providing that.”

Led by David Collazo, a special agent supervisor in Brown's office, Operation Watchdog involved more than 100 state, federal and local law enforcement officers, who fanned out over San Diego County yesterday to check on more than 300 registered sex offenders. Five of the 26 task force teams took along specially trained dogs to check for illegal drugs and guns.

Some 4,600 registered sex offenders live in San Diego.

Sex offenders on probation or parole were searched. The others were questioned to make sure they were complying with all state laws, including living at the same address they provided to law enforcement authorities. Arrests were made for parole and probation violations and possession of drug paraphernalia and guns.

As Operation Watchdog began yesterday morning, the Attorney General visited the command center and was briefed. Besides its enforcement function, the Attorney General’s office maintains a website at http://meganslaw.ca.gov/ that lists the locations of 63,000 sex offenders in the state, along with other pertinent information.

The SAFE (Sexual Assault Felony Enforcement) task force that conducted the operation was formed nearly a decade ago to reduce the number of sex crimes in San Diego County and apprehend the perpetrators of those crimes. SAFE assists in criminal investigations such as the case of convicted sex offender John Albert Gardner III, who was sentenced to life in prison earlier this year for the 2009 rape and murder of 14-year-old Amber Dubois and the February 2010 rape and murder of 17-year-old Chelsea King. Gardner had lied to authorities about his residence, listing Riverside County instead of San Diego.

Yesterday’s sweep was the first such large-scale effort, although SAFE conducts hundreds of face-to-face interviews with sex offenders each year to make sure they are in compliance with the law.

Brown Fights to Solve Violent Crimes with DNA Collected from Adults Arrested for Felonies

July 13, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Edmund G. Brown Jr. continued his fight today against an attack on the state’s innovative use of DNA to identify suspects of violent crimes, asserting that “DNA is the fingerprint of the 21st century.”

In an argument before the federal court of appeals in San Francisco, Brown’s office defended the state’s voter-mandated collection of DNA from adults arrested for felonies.

“California is at the forefront of solving crimes through new and innovative uses of DNA technology, and I intend to do everything in my power to defend the state’s ability to reduce crime by collecting DNA from those arrested for felonies,” Brown said. “So far, DNA collected from arrestees has led to the identification of suspects in more than 970 rapes, murders and other very serious crimes,” Brown added.

This case arose when the ACLU filed a lawsuit seeking to stop the state’s DNA arrestee program. The Attorney General prevailed in the United States District Court, and the ACLU appealed to the federal court of appeals.

Samples are taken through a simple procedure using a wooden swab to collect DNA from the inside of a person’s cheek. Strict safeguards ensure that the samples are used only by law enforcement officials to identify an individual and not for any other purpose.

Brown pointed out that about 40 percent of homicides and 60 percent of rapes go unsolved. For example, many of the victims of the Grim Sleeper might still be alive if the suspect had been identified from DNA taken when he was previously arrested.

Collecting DNA samples from those arrested for felonies is a profoundly important way to help solve murders, rapes and other very serious crimes. It should be noted that almost half of those arrested for felonies are repeat offenders.

In 2004, California voters approved Proposition 69, which required law enforcement officers to begin last year taking DNA samples from every adult arrested for a felony.

The program is accomplishing its purpose: identifying criminal suspects. In its first 18 months, DNA collected from arrestees has lead to the identification of 970 suspects of serious felonies. For example:

• DNA collected from Donald Carter, 56, arrested in Sacramento in 2009 on a felony drug charge, was linked to the unsolved 20-year-old murder of Sophie McAllister, 80. Although Carter's drug charge was dismissed, he was later charged with murder and his trial is pending.

• In April 2009, Christopher Rogers, 34, was arrested in Sacramento for assault with a deadly weapon, which was ultimately reduced to a misdemeanor. But his DNA, collected at the time of arrest, was matched to DNA taken at the scene of a 2004 murder in Sacramento. In October, Rogers was arrested and charged with murder. He awaits trial.

• In August 2009, Rene Hernandez, 26, was arrested in Watsonville for felony assault. His DNA was linked to a February 2009 sexual assault of a Watsonville woman, and he was arrested on multiple charges related to that crime. His trial is pending.

• In May 2009, Anthony Vega was arrested in Los Angeles County on felony drug charges, which were later reduced to misdemeanors. His DNA, collected at the time of arrest, was linked to two separate crimes committed in Orange County, a burglary in 2007 and a 2008 armed home invasion robbery. A preliminary hearing is scheduled.

• Earlier this year, Joshua Graham Packer, 20, was arrested in Santa Barbara on armed robbery charges. His DNA was matched to a sample taken at the site of an unsolved 2009 triple murder in Ventura County. He was arrested for that crime in April and charged with murder.

Oral arguments in the case were scheduled today in the Ninth Circuit United States Court of Appeals at Seventh and Mission streets in San Francisco.

Attached are briefs filed in the case. An earlier press release on the DNA felony arrestee program can be found at http://ag.ca.gov/newsalerts/release.php?id=1936&

Brown's Forensic Experts Identify Grim Sleeper Serial Killer Suspect Through Unprecedented Use of Familial DNA

July 8, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – In less than two years, a new and controversial DNA searching program launched by Attorney General Edmund G. Brown Jr. has proven its worth by nabbing a man suspected of being the “Grim Sleeper” who carried out the murders of at least 10 women in the Los Angeles area over the past 25 years.

Lonnie David Franklin, Jr., 57, of Los Angeles, was arrested yesterday on multiple murder counts after the state DNA lab uncovered a DNA link between the murder-scene material and Franklin’s son. Last year, the son was convicted of a felony weapons charge, and his DNA was collected and sent to the state DNA data bank for the first time.

“In the face of a multitude of objections, we’ve crafted a balanced policy to respect the rights of citizens and at the same time deploy the most powerful DNA search technology available,” Brown said. “Forensic scientists at our Richmond crime lab have developed unique computer software and rigorous protocols that can link a family member of a convicted offender with DNA taken from a murder or rape scene. The successful match in this case demonstrates the extreme importance of this new forensic procedure.”

California became the first state to adopt a familial search program in 2008. It has been used only ten times since its inception in November 2008. The initial familial search under the new program that same month was aimed at finding the “Grim Sleeper” suspect, but it failed to find a relative in the database. A second search initiated on April 28, 2010, was successful because, in the meantime, Lonnie David Franklin’s son had been convicted, his DNA analyzed and linked to the crime scenes in accord with California’s unique familial search procedures.

The suspect would still be at large except for the familial search program.

Familial search works by searching the crime scene sample against convicted offenders in the state database to see if they could be related to the crime scene sample. The convicted offenders are compared to the crime scene sample by looking at how many of the DNA markers are shared and how rare the markers are.

Last month, investigators established a connection between Franklin’s son's DNA and DNA taken from the murder scenes. After corroboration with other information, such as google mapping and where Lonnie David Franklin was living during the time the murders occurred, it was determined that Lonnie David Franklin was a viable suspect.

The Los Angeles Police Department then confirmed our finding by taking the suspect’s personal DNA.

Familial DNA searches are done under rigorous guidelines established by Brown’s office. They are only allowed in major violent crimes when there is a serious risk to public safety and all other investigative leads have been exhausted.

“Now we’ve proven how important this forensic technology is by tracking down a suspected serial killer who terrorized Los Angeles for more than two decades,” Brown added.

By following rigorous protocols, scientists from the DOJ Bureau of Forensic Services were able to identify an offender in its DNA Data Bank who did not match the crime scene DNA profile of the Grim Sleeper, but shared sufficient genetic characteristics that ranked him high on a list of potential first-order male relatives, such as a father/son relationship or a brother/brother relationship.

Brown’s lab conducted further testing of the DNA on the Y-chromosome of the offender and compared it to the crime scene Y-chromosome DNA profile, in order to corroborate or disprove the theory that they are close relatives. The Y-chromosome profiles matched, indicating a strong possibility that they are paternal relatives.

State agents then reviewed additional information to corroborate or disprove the theory of kinship. The information collected showed that Franklin was a viable suspect in the murders.

Finally, the Familial Search Committee, a body created to verify familial DNA search results, reviewed all available data. The Department of Justice then provided the name of the database offender to the Los Angeles Police Department as an investigative lead, asserting a reasonable probability that the offender, while not the perpetrator, is a close relative.

The Grim Sleeper

The serial killer known as the “Grim Sleeper” is believed to have committed at least eleven murders and one attempted murder in Los Angeles since 1985. The crimes have been linked by DNA evidence, but until the familial DNA match, there was no suspect in the case.

The Grim Sleeper’s eleven victims include ten women and one man between the ages of 14 and 36 years. All of the victims were strangled or shot and most were dumped in alleys in Los Angeles.

California’s DNA Data Bank

At California’s DNA Data Bank, formally established in 1990, offender and arrestee samples are analyzed every day at the Jan Bashinski DNA Laboratory located in Richmond, CA. Each day, local law enforcement agencies submit offender and arrestee samples in an effort to solve an unsolved case such as a burglary, sexual assault or homicide. These samples are analyzed and uploaded into CODIS (Combined DNA Index System) otherwise known as the CAL-DNA Data Bank.

The state’s forensics laboratory has the fourth largest DNA database in the world with more than 1.5 million convicted offender and arrestee DNA profiles and a hit rate of more than 300 hits per month. Each month the lab processes up to 25,000 and 30,000 offender/arrestee samples. Weekly, offender/arrestee sample DNA profiles are uploaded to the DNA database and searched against forensic evidence DNA profiles from crime scenes submitted by local California crime laboratories and the rest of the nation.

California's Familial DNA Search Program Identifies Suspected "Grim Sleeper" Serial Killer

July 7, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – Attorney General Edmund G. Brown Jr. announced today that California’s ground-breaking familial DNA search program -- enacted in April 2008 -- led to the identification and arrest of the man accused of being the 'Grim Sleeper' serial murderer.

“This arrest provides proof positive that familial DNA searches must be a part of law enforcement’s crime-fighting arsenal. Although the adoption of this new state policy was unprecedented and controversial, in certain cases, it is the only way to bring a dangerous killer to justice,” Brown said.

“This is an extraordinary piece of detective work accomplished by our skilled forensics team at the Department of Justice,” Brown added.

Lonnie David Franklin, Jr., 57, was arrested this morning by Los Angeles police, and the Los Angeles District Attorney planned to charge him later today with 10 counts of murder and one count of attempted murder, all with special circumstances.

The suspect would still be at large except for a controversial policy change Brown pushed through, over concerted opposition, that allowed familial DNA searches where there is great risk to public safety. California is the first state to use familial searches, and today’s arrest is proof that the new technique works.

The familial search process involves using the DNA of family members to find suspects through the state’s DNA Data Bank. Last year, the DNA of one of Franklin’s family members, who had been convicted of a felony weapons charge, was entered into the DNA Data Bank. Last month, a familial search was conducted, and late last month, investigators established a familial connection between the family member and DNA collected at the murder scenes. That connection was used to identify and arrest Franklin after his DNA was obtained.

Familial DNA searches are done rarely – and only under rigorous guidelines established by Brown. They are only allowed in major violent crimes when there is a serious risk to public safety and all other investigative leads have been exhausted.

Brown will reveal more details tomorrow at a press conference in Los Angeles.

When: Thursday, July 8, 2010 at 11 a.m.

Where: Los Angeles Police Administrative Building, 100 West 1st Street, Los Angeles 90012

Who:

Attorney General Jerry Brown
Los Angeles County District Attorney Steve Cooley
Los Angeles Police Chief Charlie Beck
Mayor Antonio Villaraigosa, City of Los Angeles (Tentative)

Brown Releases Study Showing DNA Collected at Arrests Helps to Solve Murders, Rapes and Other Violent Crimes

June 16, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Edmund G. Brown Jr. today released a detailed forensic analysis showing that DNA collected at arrests –- even for non-violent offenses -- is “cracking cold cases” by providing positive identification of suspects in violent crimes such as rape, murder and robbery.

Proposition 69, which voters passed in 2004, required law enforcement officials to take DNA samples from all adults arrested for felonies in the state. So far it is working: more than 800 crime-scene samples have been matched since the beginning of last year to DNA collected from suspects under arrest.

In its analysis, the Attorney General’s office surveyed 69 DNA matches made over 15 months. The study revealed that in 78 percent of the matches to an unsolved violent crime, DNA was collected from an adult arrested for a non-violent offense such as fraud, drug or property crimes.

“Collecting DNA at the time of arrest is cracking cold cases that might have gone unsolved forever,” Brown said. “It is particularly significant that individuals arrested for non-violent crimes have been linked to the commission of violent crimes such as murder and rape.”

Since the 1990s, California law enforcement officers have collected DNA samples from people convicted of serious felony offenses. In January 2009, as part of changes mandated by Proposition 69, officers began collecting DNA samples from adults arrested for felonies by swabbing the inside of the cheek.

The effort is already yielding results.

For example, DNA collected from Donald Carter, 56, arrested in Sacramento in 2009 on a felony drug charge, was linked to the unsolved 20-year-old murder of Sophie McAllister, 80, in the capital. Although Carter’s drug charge was dismissed, he was later charged with murder and his trial is pending. (There are other examples at the end of this press release.)

In October, the ACLU filed a lawsuit seeking to stop the DNA arrestees program. The Attorney General prevailed in U.S. District Court, and the ACLU has appealed to the Ninth Circuit Court of Appeals. In support of the Attorney General, the California District Attorneys Association filed a brief in March arguing that “the collection of DNA samples from felony arrestees serves an overwhelming interest in the pursuit of justice.” Oral arguments in the case are scheduled for July 13.

In its analysis of 69 DNA matches linking felony arrestees to violent crimes between January 1, 2009, and March 19 of this year, investigators found that 32 percent of the DNA matches were from adults arrested for felony property crimes, 26 percent from adults arrested for drug-related felonies, 10 percent from adults arrested for fraud and 10 percent for other non-violent crimes. Only 22 percent were for violent crimes.

Cases were selected for the analysis from arrests of suspects from whom DNA had never been taken. Here are some of the other findings:

• In 16 percent of the DNA matches involving unsolved rape cases, the new DNA sample came from a person arrested for fraud.
• In 34 percent of the DNA matches involving an unsolved murder case, the new DNA sample came from a person arrested for a drug crime.
• In 36 percent of the DNA matches involving an unsolved robbery case, the new DNA sample came from a person arrested for felony DUI.

A summary of the analysis can be found at http://ag.ca.gov/bfs/pdf/arrestee.pdf

Some cases that illustrate how collecting DNA at arrests helps to nab suspects in crimes that might otherwise remain unsolved:

• In May 2009, Anthony Vega was arrested in Los Angeles County on felony drug charges, which were later reduced to misdemeanors. However, his DNA, collected at the time of arrest, was linked to two separate crimes committed in Orange County, a burglary in 2007 and a 2008 armed home invasion robbery. A preliminary hearing is scheduled for next month.
• Earlier this year, Joshua Graham Packer, 20, was arrested in Santa Barbara on armed robbery charges. His DNA, collected at the arrest, was matched to a sample taken at the site of an unsolved 2009 triple murder in Ventura County. He was arrested for that crime in April and charged with murder.
• In April 2009, Christopher Rogers, 34, was arrested in Sacramento for assault with a deadly weapon, which was ultimately reduced to a misdemeanor. But his DNA, collected at the time of arrest, was matched to DNA taken at the scene of a 2004 murder in Sacramento. In October, Rogers was arrested and charged with murder. He awaits trial.

Overall, the state’s DNA Data Bank is the fourth largest such program in the world. It has aided more than 12,000 criminal investigations.

For more information about Prop. 69, see the California Department of Justice website: http://ag.ca.gov/bfs/prop69.php.

Justice Department Seeks Information about a Fullerton Man Suspected of Committing Multiple Rapes and Burglaries

June 9, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – The California Department of Justice asks the public for any information about Kevin Lee Francois, 44, who was arrested recently on charges related to an unsolved 2003 rape in Arizona and is a possible suspect in other sex crimes throughout the country.

Authorities believe Francois, who worked as a painter, may have other victims. He resided and worked in Orange and Los Angeles counties, but traveled extensively.

Police believe Francois primarily targeted college-age women who lived in residential areas near colleges. At times, he is suspected of breaking into homes and returning at a later date to assault a resident. He attended major sporting events around the world, including the Olympics, the Final Four College Basketball Tournament and the Super Bowl.

In January 2010, Newport Beach police arrested Francois, who was loitering around an apartment complex. His DNA sample, taken when he was booked on a felony charge of resisting an officer, matched DNA from a 2003 burglary and rape in Tempe, Arizona. As of Jan. 1, 2009, a DNA sample is taken from adults in California arrested for a felony.

Working with Arizona law enforcement officials, special agents with the California Department of Justice obtained a search warrant for Francois’ Fullerton residence. There, the agents found evidence indicating that Francois may be responsible for other burglaries and assaults throughout the United States over decades. Among the items found were more than 300 school and government photo identifications, hundreds of photos of unknown females, and worn women’s underwear.

Francois remains in custody at the Orange County Sheriff’s Department while awaiting extradition to Arizona.

A photograph of Francois is attached. Anyone with information about Francois is encouraged to call (323) 869-3400 and ask to speak to any special agent at the department’s Bureau of Investigation and Intelligence’s Major Crimes Team.

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State DNA Data Bank Has Linked Thousands of Crimes to Violent Criminals

April 8, 2010
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Los Angeles—Attorney General Edmund G. Brown Jr. announced today that the state DNA Data Bank has now matched 12,000 crime scene DNA samples to violent offenders and other suspects, helping to “secure thousands of convictions” of rapists, murderers, and kidnappers.

The DNA Data Bank’s 12,000th match was made at the state DNA database facility in Richmond. On average, the DNA Data Bank receives 300 hits per month. In March, the Data Bank had 405 DNA matches, the most ever in a single month.

“This is a remarkable milestone in the advancement of criminal justice technology,” Brown said. “The DNA database has been used in over 12,000 investigations and contributed to thousands of convictions of the most violent criminals. Otherwise, these crimes are likely to go unsolved.”

Recent notable cases in which the California Department of Justice assisted local law enforcement in the apprehension of dangerous sexually violent predators through DNA evidence include:

• In February, John Gardner III, a convicted sex offender, was arrested on suspicion of rape and homicide in the disappearance of Chelsea King, a 17-year-old high school student from San Diego County who went jogging in a park. She was found in a shallow grave in the park.
• In January, David Joseph Carpenter, a Death Row inmate also known as the “Trailside Killer”, was linked by DNA evidence to the killing of Mary Bennet, who was stabbed to death in San Francisco. The crime occurred in 1979. (Additional cases are listed below.)

The DNA Data Bank has been in operation since 1994 and contains over 1.5 million DNA samples. Approximately 25,000 samples are added to the database each month.

A voter-approved initiative in 2004, Proposition 69, required all defendants convicted of a felony to submit a DNA sample. On January 1, 2009, this requirement was extended to all adults arrested on felony charges.

In criminal investigations each day, state and local law enforcement agencies submit evidence from crime scenes to one of California’s seven Department of Justice crime labs or 15 local labs with forensic DNA capability. These labs try to establish DNA profiles to identify the perpetrators.

The DNA profiles then are uploaded to California’s database and sent to the national Combined DNA Index System (CODIS), which indexes samples for searching in categories such as convicted offenders, arrestees, crime scene samples, missing persons, relatives of missing persons, and unidentified human remains. DNA from convicted offenders and arrestees is compared with crime scene samples, and crime scene samples are compared to link cases together.

ADDITIONAL CASES WITH DNA MATCHES:

In September 2009, Richard Ramirez, a Death Row inmate known as the “Night Stalker”, was linked to yet another crime: the 1984 killing of a 9-year-old San Francisco girl, Mei Leung, after San Francisco Police Department criminalists reprocessed old evidence in the case to obtain DNA.

In August 2009, a 34-year-old cold case was solved when Dennis Vasquez, 50, of Los Angeles, was arrested and required to submit a DNA sample to authorities. Vasquez’s DNA matched the DNA found at a murder scene in 1975. He is being prosecuted for murder by the Los Angeles District Attorney’s Office.

In March 2009, Ryan Nigel Curtis, 27, of Los Angeles, was arrested for stabbing a man after an argument in Huntington Beach. Curtis’ DNA was obtained from a cigarette pack he left before fleeing.

In May 2008, Alberto Pablo Ruiz, 25, of San Jose, was sentenced to 41 years in prison after he assaulted a female jogger in Alum Rock Park in San Jose. The San Jose Police Department linked Ruiz through DNA evidence found on the victim and at the crime scene. Ruiz’s DNA had been submitted to the database for previous violations.

In March 2008, James Dixon, 37, of Pomona, was sentenced to death after his DNA matched DNA found at a 2001 murder scene in Los Angeles County. The Los Angeles County Sheriff’s office obtained DNA from a cigar tip found in the truck where the victim was murdered. Dixon’s DNA also matched that found in a 1996 home invasion in which two females were raped. The accomplice in the 1996 home invasion and rape had been sentenced to 70 years to life.

In 2001, a woman’s body was found near Mussel Shoals beach in Ventura County. The Ventura County Sheriff’s Office collected DNA and uploaded it into the national DNA database. The sample matched Douglas Dworak, 43, of Oakview, a convicted rapist who had been sentenced to death in 2005.