MA- The state Appeals Court said yesterday that the government cannot unilaterally decide to keep DNA profiles of civilians who are not accused of any crimes.

The state Appeals Court said yesterday that the government cannot unilaterally decide to keep DNA profiles of civilians who willingly provide genetic information to law enforcement as police try to solve crimes.

In a unanimous ruling, the court revived a lawsuit filed by Keith Amato against Cape and Islands District Attorney Michael O’Keefe and the State Police for keeping his DNA profile, which was collected to help authorities solve the slaying of Truro fashion writer Christa Worthington, an Amato acquaintance.

“DNA information is highly sensitive,’’ Judge David A. Mills wrote for the court. “Citizens have a reasonable expectation of privacy in such information. . . . We are not convinced [O’Keefe and State Police] have acted reasonably as a matter of law.’’

Amato voluntarily gave a biological sample in 2002, and has fought for years for the removal of his genetic profile from State Police files, particularly since Christopher McCowen was convicted of murdering Worthington and his conviction was upheld.

Amato has since recovered the biological sample. But his genetic profile, which is developed by processing the sample, is still in government hands, though he has not been convicted of a crime.


Links:
http://news.bostonherald.com/news/regional/view/20110825court_allows_dna_lawsuit_in_cape_cod_slay_case/srvc=home&position=recent

http://www.boston.com/Boston/metrodesk/2011/08/appeals-court-says-cape-prosecutors-must-show-they-need-dna-profiles-worthington-witnesses/VDFsHvpTgMJTJLks6UGCuN/index.html