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Stephen B. Mercer Appears on CBS’ Sixty Minutes to Discuss DNA Issues    

In July, 2007, Stephen B. Mercer was a featured guest on a CBS News Sixty Minutes report entitled “A Not so Perfect Match,” an examination of the newly-emerging technique of familial searching of forensic DNA databases.

Forensic familial searching involves the use of partial, “near miss” matches of crime scene DNA samples with the DNA databank profiles of convicted criminals, thereby implicating relatives not included in the databanks because they were never convicted of committing any crimes. >> more

 Click here to watch video.

Click here to learn more about DNA databases.

Lawfirm Highlights

Genetic Surveillance for All

What if the FBI put the family of everyone who has ever been convicted or arrested into a giant DNA database?  

Read Jeffrey Rosen’s comprehensive article in Slate Magazine on law enforcement’s expansion of existing DNA databases by placing family members of persons in the databases under genetic surveillance.  Stephen Mercer discusses the recent ban on familial searching enacted in Maryland.

http://www.slate.com/id/2213958/

 

Stephen Mercer was a guest on the Kojo Nmadi Show to discuss Forensic Science, Technology and the Courts

They're the building blocks of our criminal justice system: little pieces of evidence like fingerprints, hair and DNA samples. But a new report cites serious flaws in how this evidence is most commonly collected, analyzed and interpreted by law enforcers. Tech Tuesday explores the capabilities and limitations of forensic science, and how new technologies are likely to affect the rule of law.   Hear the show at:

http://wamu.org/programs/kn/09/02/24.php#24814

 

 

DNA Clears Man Convicted for 1987 Rape, Murder
myfoxdc.com

Watch Video at myfoxdc.com

 

 

 

DNA Clears Man - Keith Daniels
FoxBaltimore.com

A Dundalk man who was convicted of rape and murder and locked up in prison for decades is now free, thanks to D.N.A. evidence.

Media Highlight - Man freed after 21 years thanks to DNA evidence

BALTIMORE (AP) — A man convicted of killing a woman 21 years ago in Baltimore is being freed from prison because prosecutors say they don't have enough evidence to retry him. Click here to read more media highlights on this story.

 

Maryland DNA Rules

A new law went into effect January 1, 2009 -- allowing police to take DNA swabs of people accused of -- but not yet convicted of violent crimes and weapons charges. The Kojo Nmadi Show looks at the controversy over the new law, and how it might affect both criminals and citizens throughout Maryland. Senator Jamin Raskin, State’s Attorney John McCarthy, and Stephen Mercer are featured guests.

Listen to the segment at:
http://wamu.org/programs/kn/09/01/05.php#24429

DNA Database Information: 

Stephen B. Mercer, Esq., is at the forefront of challenges to DNA evidence in the courtroom.  One area of particular concern is the rapid expansion of DNA databases. 

 

Genome Database Will Link Genes, Traits in Public View
By Ellen Nakashima Washington Post Staff Writer
Ellen Nakashima reports on a DNA project that advocates say will assist people by telling them what diseases might lurk in their future.  Stephen Mercer is interviewed regarding the civil liberties concerns of DNA databases that may be misused to advance claims of behavior human genetics.
WashingtonPost.com

 

Podcast available at:
http://www.npr.org/rss/podcast/podcast_detail.php?siteId=9911221

 

DNA Testing Expands to Lesser Crimes
DNA testing in the county is expanding from killings and rapes to less violent robberies, burglaries and drug deals. Prosecutors say this will lead to quicker convictions because defendants will cave and plead guilty. Defense lawyers worry that as more DNA samples are pushed through the county's crime lab, it will boost the odds of false matches. Dan Morse of the Washington Post interviews Stephen Mercer about the potential for the gold standard of forensic science to be undermined. Click here to view at Washington Post

 

DNA-Sample Collection Under the DNA Fingerprint Act of 2005
The Department of Justice has issued proposed regulations to implement the expansion of DNA collection to include federal arrestees and non-United States detainees under the DNA-Sample Collection Under the DNA Fingerprint Act of 2005 and the Adam Walsh Child Protection and Safety Act of 2006.  On May 19, 2008, Stephen B. Mercer, Esq., and William G. McLain, Esq., submitted public comments on FR Doc # E8-08339, in which they requested clarification of the amount of force that agencies are permitted to use for the purpose of extracting DNA from persons who do not voluntarily surrender their DNA.  Further, they requested that the regulations require that counsel be provided upon request before any DNA collection be permitted.  Read more.

 

Familial Searching of DNA Databases: In a comprehensive article, the Washington Post reports on the emerging trend of searching DNA databases to identify family members as possible suspects, and the arguments for and against such an investigative technique.  See Ellen Nakashima, From DNA of Family, a Tool to Make Arrests, The Washington Post (April 20, 2008).  Stephen B. Mercer is quoted regarding the dual privacy concerns of persons becoming genetic informants on their family members, and innocent family members themselves coming under lifelong genetic surveillance. 
Read the full story.

 

On February 13, 2008, Maryland attorney Stephen B. Mercer, testified in opposition to the most recent versions of the bills to expand DNA dragnets to arrestees.  Proponents testifying included Governor O'Mally, Attorney General Douglas Gansler and the Superintendent of the State Police. Click here to read testimony.

 

“Watch Governor’s and Attorney General’s testimony on February 13, 2008, before the House Judicial Proceedings Committee in favor of expanding Maryland’s DNA databank, and testimony in opposition by Stephen Mercer, the Maryland ACLU, and the Office of the Public Defender.” Click here to see video.

 

Baltimore Exaiminer reports, that “By enacting this legislation, the majority of African Americans will either be directly or indirectly in the database,” said Stephen Mercer, a Rockville lawyer.  Read the full story.

 

Baltimore Sun reports O'Malley Urges DNA Collection, Read the full story.

 

Baltimore Sun reports O'Malley Urges DNA Collection, read the story at: http://www.baltimoresun.com/news/local/politics/bal-md.dna14feb14,0,6889506.story

 

Stephen B. Mercer, Esq.
Testimony for the Maryland Senate Judiciary Committee
January 31, 2008

 

Forensic DNA:  After defense lawyers, including Stephen B. Mercer, Esq., challenged the admissibility of DNA evidence in a first degree murder case, and before the court had the opportunity to rule, the State offered the defendant an opportunity to plea to manslaughter and serve no additional jail time.  Read the entire story:

Man Gets No Added Jail Time in Plea in '93 Killing
By Ernesto Londoño
Washington Post Staff Writer
Wednesday, November 28, 2007

Evidently, He's Our Guy:  Stephen B. Mercer, Esq., was interviewed by the Washington City Paper on the controversy surrounding the recent decision to hire the director of the new consolidated forensic crime laboratory.  Read the entire story at: 

Evidently He's Our Man
The man in charge of D.C.'s crime lab has a storied history elsewhere.
By Arthur Delaney
Posted: October 24, 2007

The director of the new consolidated forensic laboratory responds to the news story:
http://www.washingtoncitypaper.com/display.php?id=34056

Stephen B. Mercer addresses the director's comments:
http://www.washingtoncitypaper.com/citypaper/mail/

D.C. Council Acts:  Stephen B. Mercer, Esq., filed a Motion for Reconsideration or En Banc Review with the D.C. Court of Appeals on an issue of public importance impacting the rights of non-parents to obtain child custody.  After the Court of Appeals refused to reconsider its decision, the D.C. Council enacted legislation to overrule the decision of the Court of Appeals that had limited the power of the family court to hear and determine custody complaints brought by non-parents seeking to obtain custody of a child when the child's best interests so require. 
Read the statute (pdf)

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Mr. Justice Sutherland in Powell v. Alabama:

The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel....more.

 

Why SBMlaw for Your Case

To win - A criminal defendant has less than one chance out of four (on average) of winning at trial or reversing a conviction through a direct appeal.  To maximize the chance..more

SBMlaw Appeals - The SBMlaw process for appeals is to: Learn the case backward and forward; Follow cases pending in the Maryland appellate courts (many an appeal is predestinated by decisions or results in intervening cases)...more

SBMlaw Trials - The SBMlaw process for trial work is to learn the facts of the case from every available perspective; Anticipate the judge, prosecutor and local procedure...more

SBMlaw Style for Appellate Briefs and Trial Court Motions
In sum, as Justice Story gave counsel be brief, be pointed; lucid in style and order; spend no words on trifles...more

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Articles

MARYLAND’S  DNA DATABANK:   THE NEED FOR BAR OVERSIGHT
by Stephen B. Mercer and William G. McLain

Stephen B. Mercer, Esq., and William G. McLain, Esq., an Associate Professor at the University of the District of Columbia David A. Clarke School of Law, co-authored an article published in the Maryland State Bar journal that explains the need for Bar oversight of the expansion of DNA databases.  Read the article here:

Maryland DNA Databank (PDF document)