The Sixth Amendment provides:
“In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.”
Stephen B. Mercer, Esq., P.C.
Suite 520
11 North Washington Street
Rockville, Maryland 20850
(301) 637-5775 (voice)
(301) 838-0322 (fax)
sbm@sbmlaw.com
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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
Lawfirm Highlights
A Preventable Tragedy? In an opinion article published by the Washington Post on July 20, 2008, William G. McLain and Stephen B. Mercer write that the death of Ronnie White, held on a murder charge of a police officer, might have been avoided if Maryland had provided him with consitutionally mandated counsel at his initial appearance before a commissioner. Read the full opinion article here.
In a segment that aired May 18, 2008, Stephen Mercer, was interviewed regarding the privacy implications of familial searching of DNA databanks and his efforts on behalf of Pearl Wilson to have her deceased son's DNA expunged from Maryland's database. Watch the video here.
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
Media Highlight: Some decry forced DNA tests in violent-crime arrests.
Defense attorneys, civil rights and civil liberties groups lined up again this week to testify against bills calling for suspects arrested in violent crimes to submit to DNA tests. Click to read story. | Click to view other media highlights
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, 2007The director of the new consolidated forensic laboratory responds to the news story:
http://www.washingtoncitypaper.com/display.php?id=34056Stephen B. Mercer addresses the director's comments:
http://www.washingtoncitypaper.com/citypaper/mail/
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. Read more:
Rape Conviction Over Turned:
Judge Overturns Rape Conviction
Disabled Woman Was 'an Exhibit'
By Ernesto Londono
SA reverses rape verdict
Defense had right to question mentally impaired woman
CARYN TAMBER
Daily Record Legal Affairs Writer
October 17, 2007
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)
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
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)
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