Rape suspect asks top Ga. court to overturn DNA testing

<p>A prison inmate who was charged with rape after a sample of his genetic code matched the sperm gathered from a sex crime against a girl is challenging the Georgia law that requires DNA testing of incarcerated felons.</p><p>Attorneys for Kenny Quarterman, an inmate whose DNA swabs were taken while he served a prison sentence in a cocaine case, argued Tuesday in the Georgia Supreme Court that the state laws unfairly target incarcerated felons and should be expanded to all convicted felons.</p><p>"If the Legislature is concerned about solving past and future crimes, it should be concerned regardless of who is committing them," said Michelle Holbrook Homier. "It's irrational to just be concerned about convicted felons who go to prison."</p><p>State attorneys countered that the Legislature chose to target the "worst problems" first, and said DNA testing was a small price to pay to exonerate the innocent and crack cold cases.</p><p>"It's like fingerprinting," said Marc Mallon. "It's like getting someone's proper name off their driver's license ... It's no greater intrusion than getting ink on your fingertips."</p><p>In Quarterman's case, the Georgia Bureau of Investigation told police in September 2005 that his DNA matched sperm gathered from the investigation of an underaged girl's 2002 rape. After police obtained another DNA sample that matched the evidence, Quarterman was indicted on rape charges.</p><p>His attorney argued that taking DNA from incarcerated felons should be considered "cruel and unusual punishment" until the database is expanded to all felons _ and even some misdemeanor cases.</p><p>"It shocks the conscience," she said.</p><p>Since the GBI started a DNA database in 1998, agents have collected tens of thousands of mouth swabs from inmates. The samples have been used to link the convicts to 677 cold cases, including 61 in December alone.</p><p>But the law does not require DNA samples from felons sentenced to probation, by far the more commonly used sentencing option in Georgia. The GBI says that in fiscal 2004, nearly 75 percent more offenders were placed on probation than were sentenced to prison. About 140,000 convicted felons are currently on probation in Georgia.</p><p>The Legislature in April took a step toward expanding the database to include felons sentenced to probation, but the measure must be signed by Gov. Sonny Perdue before becoming law. It's expected to cost as much as $900,000 and would nearly double the number of samples collected by the agency each year, adding 15,000 to the 17,000 samples already collected.</p><p>___</p><p>On the Net:</p><p>HASH(0x2ded1f4)</p>

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