The Lab Report. Letter from the Laboratory Director. Acceptance of DNA Evidence. Featured Unit - Evidence Control. "Justice through Science"

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1 The Lab Report Letter from the Laboratory Director Acceptance of DNA Evidence Featured Unit - Evidence Control Volume 1 Issue 1 / January 2013 Letter from the Laboratory Director Welcome to the first issue of 'The Lab Report' - the Kern Regional Crime Laboratory's quarterly newsletter! As you know, the laboratory serves a variety of criminal justice and law enforcement agencies throughout the county that all vary dramatically in size, need, and even mission. Therefore, the purpose of this newsletter is to begin a dialogue with you - our clients - to better assist you in the effective use of science and technology to further justice for the citizens of Kern. We are committed to performing forensic examinations and calibrations, and reporting the related results, in a manner that is accurate, clear, unambiguous and objective, and in accordance with our written laboratory policies, protocols, and procedures. As part of this commitment, we strive to continuously improve our processes and services to exceed your expectations and to ensure compliance with regulatory standards. In future issues of 'The Lab Report', we will keep you abreast of what we are doing to provide you with quality forensic service, answer your questions, and inform you of issues that impact your work - such as the turn around time for testing and our case backlog. Please let us know if there is specific information that you would like to see in future newsletters ( your responses to "da_lab@co.kern.ca.us"). We hope that this publication will provide an informational resource to everyone in your agency. "Justice through Science"

2 DNA Evidence Acceptance Policy As you are aware, much more biological material is collected from crime scenes in Kern County than can reasonably be tested. Furthermore, biological testing is both time consuming and expensive. Therefore, in an attempt to better serve our client agencies, the Kern Regional Crime Laboratory has initiated several changes to streamline testing of biological evidence. In order for biological evidence to be tested (for either the presence of biological fluids or DNA), the case must first be approved, in writing, by Assistant District Attorney (ADA) Scott Spielman or his designee. All biological evidence submitted to the laboratory shall be DNA tested. However, only complete submissions of physical evidence will be accepted. A submission is considered complete when it contains all of the following: 1. A completely filled out "request for analysis" form; 2. A paper copy of the from the ADA approving all work; 3. Up to five of the most probative items of evidence in the case (submissions are limited to five items only, but compound items such as a sexual assault kit are considered as single items); And 4. All known reference blood or buccal samples from all named persons of interest (including, but not limited to the victim, suspect(s), persons to be eliminated and, in the case of criminal paternity, the mother, putative father, and child(ren)) - exceptions to this will only be made in "suspect-less" cases (such as property crimes) and cases where known references cannot be obtained because this would adversely affect the case. However, these exceptions must be noted and approved in writing by the ADA or his designee, or the case shall be rejected by the laboratory as incomplete. The five item limit has been placed on all cases involving biological evidence in order to ensure that all agencies have an equal opportunity to develop timely leads in their cases. Additional items in a case may be tested on an "as-needed" basis, and these analyses will be the subject of subsequent reports. Agencies that need assistance with the paring down of evidentiary items for submission may contact the Case Management Lead Criminalist within the Evidence Control Unit for assistance ( ). Incoming firearms evidence is stored within the main vault of the Evidence Control Unit. Although the Firearms and Toolmarks Unit has a backlog of casework extending back to 2010, a new analyst is currently training with the ATFE in Maryland to assist with backlog reduction.

3 DNA Evidence Acceptance Policy (cont.) Finally, new National DNA Index System (NDIS) requirements dictate that the laboratory fully document the provenience of the samples that it enters into the Combined DNA Index System (CODIS) - the national DNA database. Therefore, it is now important that police reports or synopses of how the submitted items relate to the individuals thought to be involved with the crime(s) are submitted with the items themselves. Documentation of the associations of evidentiary items with individuals, as much as possible, will ensure that the laboratory is able to enter and keep the DNA profiles developed from these items in CODIS. Featured Unit - Evidence Control "Property Control", as it was once called, functioned as an offshoot of the laboratory's analytical units, handling a variety of functions and none of these actually dealt with the handling of property (forensic laboratories test evidence - they do not store property)! The Kern Regional Crime Laboratory's newly re-organized Evidence Control Unit (ECU), however, now functions as the nerve center of the entire analytical testing and calibration facility. For the first time in the laboratory's history, ECU is now under the control of a Case Management Lead Criminalist, whose responsibility it is to ensure that the interactions between the laboratory and its client agencies are smooth and efficient, and that testing deadlines are noted upon submission and immediately made part of analytical workflows. This individual is a Criminalist with analytical, crime scene, and courtroom testimony experience so that meaningful assistance can be provided to agencies the minute they walk into our reception area. The Case Management Lead is assisted by a Forensic Technician and two Laboratory Helpers for both technical and non-technical issues. The ECU still accepts physical evidence, including vehicles, each weekday - including court holidays, but not county holidays - from 8.00 AM to 5.00 PM. However, the unit is most noted as the custodian of "JusticeTrax," the laboratory's most important information repository. JusticeTrax is a Laboratory Information Management System, or LIMS, which integrates evidence tracking, analytical results, and laboratory management information to maintain a clear view of the laboratory and every [cont. on p. 4] The evidence envelope is being photographed and loaded into an electronic case file via the Mideo Caseworks system. This system, and all other laboratory systems, will be interfaced with the new JusticeTrax LIMS.

4 Featured Unit - Evidence Control (cont.) forensic case processed through it. In 2013, it is our goal to begin to use JusticeTrax to customize and streamline laboratory workflows, use workload tracking to begin to address turn-around-time and case backlogs, and to share real-time information with you, our clients. As part of the JusticeTrax implementation, the laboratory shall be moving to a system of electronic submission of evidence via a software plug-in program called iprelog. This program, which will be given to each client agency free-of-charge by the laboratory's Information Technology Unit, will allow the agency to control the submission of its physical evidence to the laboratory via a secure URL, and to manage access to information and individual access directly without laboratory involvement. Within iprelog, a submitting official can enter information regarding the nature of the evidence that needs to be examined, and the related offense(s), individual(s) and details regarding the specific analyses requested. When arriving at the laboratory, a submitting official will need only to provide a printed laboratory receipt along with the physical evidence that pertains to the case to Evidence Control Unit personnel. Another JusticeTrax plug-in module, called iresults, will eventually replace our current web-based reporting system. Unlike the current system, iresults will allow users to check the status of their testing requests, and to receive reports of testing results in real time. With the move to JusticeTrax, all reports of examination issued by the Kern Regional Crime Laboratory shall be released to the client agency representative(s) that originally submitted the items of evidence for examination as well as to the Kern County Office of the District Attorney ONLY. If you would like laboratory results on a case that you did not submit, then you must contact the submitting agency directly - and not the laboratory - for this information. It is also noteworthy that the Evidence Control Unit is not able to release case information to anyone via telephone, fax, or . All requests for information must be made, in writing, and accompanied by a court order when appropriate. Written requests may be made electronically to "da_lab@co.kern.ca.us". [cont. on p. 5] Courtney Nuzum is ECU's newest member. A graduate of the California State University, Channel Islands, Courtney joined our laboratory after completing an internship with the Ventura County Sheriff's Crime Laboratory.

5 Featured Unit - Evidence Control (cont.) The Quality Assurance Unit (QAU) is responsible for the laboratory's training activities, and a member of the QAU has already contacted each agency for the name(s) of individual(s) who will receive initial training on the JusticeTrax iprelog system. Lastly, agencies that have employed the Portable Evidentiary Breath Testers (PEBTs) may not know that they can download data directly to the ECU. To do this, simply send the units to the laboratory with your evidence and ECU personnel will assist you. The process is very quick, and your couriers will be able to return to your agency with the PEBTs units in hand. This should provide you with a good alternative to modem-based loads, as these are sometimes difficult. Laboratory Training in 2013 Every year, the laboratory receives many more requests for training from law enforcement and criminal justice agencies than our staff can reasonably accommodate. In addition, we have found that we will typically conduct on-site training for an agency only to be called back by a different representative from that same agency for the same type of training the next week. In response to your training needs, we have instituted quarterly laboratory-wide training days beginning in These days present an opportunity for you to come to the laboratory, meet our staff as well as your colleagues from other agencies that use our services, and get your specific questions answered. It also provides us with the opportunity to receive input regarding what you are seeing in the field and how we may better respond to it. Training days are "workshop-based", with discussions and demonstrations going all day from 8:30 AM to 4:30 PM (with a break for lunch from 12:00-1:00 PM). This means that you can pick and choose from whatever sessions we have on our program for whatever time you have available. So, you can come for the coffee hour (we should have donuts available, but feel free to bring your own!), stay for a couple of discussions over the course of a morning or afternoon, or enjoy a full day away from your usual routine. [cont. on p. 6] Test fires being repackaged by ECU for the Firearms Test Evidence Reference Collection. The Kern Regional Crime Laboratory is one of the few in the region chosen to enhance their NIBIN capabilities.

6 Laboratory Training in 2013 (cont.) The training dates for 2013 include: Tuesday, February 26 Friday, June 14 Monday, August 12 Monday, October 14 The agenda for the training on February 26, which is scheduled to be held on the 1st floor of the Child Support/Forensic Science Division Building, in the multi-purpose room is as follows: : New evidence acceptance policies : New / misdemeanor attorney orientation to chemical analyses, with lab tour : Lunch (on your own) : Portable Evidentiary Breath Tester (PEBT) training (Maximum = 30) Registration for training classes is generally not required (unless maximum numbers of individuals is set), but it is requested to allow laboratory staff to prepare. You may register for any or all events by calling the Quality Assurance Unit or by ing "da_lab@co.kern.ca.us". New Toxicological Testing Kits & Policy The Kern Regional Crime Laboratory has developed new kits for the toxicological testing of blood and urine, which are due to come online this quarter. While these kits contain basically the same components as the ones that have always been used, the new kits provide better evidence protection and greater volume storage for future testing needs. The most notable change, however, is the outer shipping carton which allows officials from submitting agencies, and particularly those in outlying jurisdictions, to mail their evidence directly to the laboratory! Certain restrictions to the submission of evidence by mail apply, and the most notable of these is the requirement that containers be shipped by TRACKABLE carrier (e.g. FedEx, UPS, or other vendor that offers a tracking number from which chain-of-custody information may be obtained). Please contact the Case Management Lead Criminalist within the Evidence Control Unit before you submit evidence by mail for the first time. [cont. on p. 7] As part of our continued standardization of laboratory processes, new toxicological testing kits are being distributed county-wide. The above photo is a preview of the new Blood Alcohol kits.

7 New Toxicological Testing Kits & Policy (cont.) The Collections Unit of the laboratory, which has been collecting blood and urine kits for toxicological analysis from collection sites around the county for a number of years began a phasing out period in The unit will be completely shut down some time in As a result, all agencies regardless of location shall have to submit their evidence to the laboratory themselves. Our studies indicate that the impact of this is generally negligible with the exception of the Central Recieving Facility operated by the Kern County Sheriff's Office. At this facility, it has been the practice that the Collections Unit would collect testing kits from a central refrigerator that a variety of agencies used when booking into the jail. This practice is being phased out. If your agency currently uses the central refrigeration units of jails to drop off your evidence, then you must adopt an alternative method of submission - such as mail by trackable carrier - as soon as possible. Once the new kits are available, the laboratory would appreciate the destruction or return of all the old, unused kits from all client agencies. Hours of Operation & Evidence Receipt: Monday - Friday, 8 AM to 5 PM; including court holidays, but not county holidays. Crime Scene Response: Dial the laboratory's main number ( ), and then dial "0". Case-Related Requests: all requests for discovery, information, testing, customer care, etc., to: "da_lab@co.kern.ca.us". "The Lab Report" is a quarterly publication of the Kern Regional Crime Laboratory's Administrative Services Unit. We invite readers to contribute content and to submit questions or ideas for future articles by directly to the Laboratory Director (kmiller@co.kern.ca.us). Editor - Kevin Miller Feature Contributors - Jodi Kessler & Scott Spielman Training Coordinators - Tammi Noe & Emily Walter Kern Regional Crime Laboratory th Street, 4th Floor Bakersfield, CA (661) "The purpose of this newsletter is to begin a dialogue with you - our clients - to better assist you in the effective use of science and technology to further justice for the citizens of Kern." Kern Regional Crime Laboratory - Accredited since 2006 All information included in this issue is up-to-date as of 01/25/2013