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Q&A
Introduction and questions about the city's local DNA database
0:28:56
ยท
3 min
Council Member Yusef Salaam initiates a discussion about the city's local DNA database and the NYPD's practices of collecting and storing samples. Deputy Commissioner Michael Gerber provides an overview of the database, explaining that it's managed by OCME, not NYPD, and contains over 33,000 entries.
- Gerber clarifies that NYPD doesn't have demographic data on the database contents
- He explains different methods of DNA collection, including court orders, consent, and abandonment samples
- OCME's policies on processing samples are briefly outlined, including limitations on misdemeanors and the need for comparator evidence
Yusef Salaam
0:28:56
Thank you for your testimony.
0:28:58
I'd like to acknowledge that we've been also joined by council member Paladino.
0:29:02
I'd like to start by asking some questions about the city's local d DNA database and the NYPD's practices of collecting and storing samples from individuals without obtaining a judicial warrant.
0:29:19
How many persons currently have DNA samples in the city's local DNA database and how many of these samples have been collected from suspects or arrestees and what is the racial breakdown of the individuals with samples stored in DNA databases and how many persons have had DNA collected and stored when they were under the age of 18?
Michael Gerber
0:29:47
Alright.
0:29:47
So there are a bunch of different questions there.
0:29:49
Let me try to cover as many as I can.
0:29:51
So so there are two different things here.
0:29:53
Right?
0:29:54
One is the the database itself, which is not an NYPD database.
0:29:58
I think that's very important.
0:29:59
It's it's OCME's database.
0:30:02
They control the database.
0:30:05
They are the keepers of the data regarding their own database.
0:30:11
There there is some information that that OCME makes publicly available.
0:30:17
There's a dashboard they have on their website.
0:30:20
Basically provides essentially monthly data.
0:30:25
And looking at that, there are, this is as of a day or two ago, 33,221 entries in the OCME database, and again this is the sort of suspect database.
0:30:44
So 33,221 searchable in that database.
0:30:49
Now in terms of the breakdown of that database, whether it's demographics or otherwise, we actually don't have that data.
0:30:58
It's OCME's data.
0:31:01
And to the extent there are questions about that, think they need to be directed to to OCME.
0:31:09
Now in terms of the NYPD and what we sort of send so to back up, right, if we're if we're taking DNA from from an individual, it could be through multiple different channels.
0:31:25
It could be via a court order.
0:31:27
It could be via consent.
0:31:31
It could be via an abandonment sample.
0:31:34
And if we do that, it will then go to the lab.
0:31:38
It will then go to OCME.
0:31:40
Now I should say just on on the OCME side of things, they are not going to even sort of process that sample unless it falls within certain categories.
0:31:55
Certain felonies, generally they will not do that for misdemeanors.
0:31:59
There are some narrow exceptions, for example, for like sex crime misdemeanors, but generally they will not.
0:32:03
They also generally will not process it unless we have something to compare it to.
0:32:07
So to the extent you have a DNA sample and there's no object of evidence as comparator, OCME is gonna wait six months and if there's still no comparator, they're gonna send it back.
0:32:20
Right?
0:32:21
So they're actually on the OCME side, and these are their policies, again, which are public.
0:32:26
You know, they've imposed all sorts of sort of constraints on what they'll even process, which that in of itself has a significant narrowing effect.
0:32:37
Now in terms of our collection, and I chair, if I may, just in terms of your question, you wanna focus on generally or you wanna focus on juveniles?