Deal Tries to Meet Objections to DNA Bill

To Gov. Martin O'Malley, expanding the state's DNA database by collecting samples from people arrested for violent crimes makes perfect sense. Using technology to collect "modern-day fingerprints" could help police solve more cold cases -- and could even help exonerate people wrongfully accused of crimes, his administration argues.

But to many black legislators, the DNA proposal announced by O'Malley two months ago was too broad and intrusive. They said it could disproportionately target African Americans, who they said make up the overwhelming majority of those charged with crimes in Maryland.

"It's an inappropriate sweep of our personal space," said Sen. Lisa A. Gladden (D-Baltimore), a black lawmaker and public defender who has helped lead the fight against the bill. "If they want to do such a broad sweep, put all the legislators' DNA in there. But the problem is nobody wants their DNA in a database. Would you want your DNA in there?"

The DNA bill is a top priority for O'Malley (D) and has been backed by prosecutors and police officials. But in these closing weeks of the 90-day legislative session, it has faced fierce opposition from African American lawmakers. Black legislators even walked out of a Democratic delegates' meeting this week after a white delegate said their concerns with the legislation were "irrational."

After days of talks, the Black Caucus and O'Malley's aides said yesterday that they have reached a compromise. It is likely to result in a law that is significantly different from the bill the governor proposed.

Amid negotiations on the bill this week, O'Malley's chief legislative officer, Joseph C. Bryce, said, "We're not pursuing anything that will gut the bill."

Under the compromise, the legislation has been altered to require that a DNA sample be automatically expunged if the suspect is exonerated and to mandate stricter regulations on how DNA samples are collected at crime scenes. The amended legislation originally was to be considered in the House of Delegates last night but was postponed until this morning.

"While we believe it's important to protect victims, we also believe it's important to protect people who are presumed innocent," said Del. Aisha N. Braveboy (D-Prince George's), a black lawmaker who pushed for the amendments.

Del. Joanne C. Benson (D-Prince George's) said she did not like the governor's original bill. "We equated it to racial profiling," she said. She supports the amendments.

Senate President Thomas V. Mike Miller Jr. (D-Calvert) said he understands why black legislators have been so passionate about the DNA issue.

"Historically, public safety has not always been kind to minorities, and I think it's a historic reluctance to move forward and a fear of the unknown," he said.

But, Miller said, O'Malley "has a responsibility to protect the public. If he can use this tool to find a murderer and prevent another murder in the state, it's a valuable tool."

With the amendments, leaders in the General Assembly said they were confident that they have averted nasty floor debates on the issue.

"I don't know whether it will get a total buy-in, but I think there won't be an outright rebellion," said Sen. Brian E. Frosh (D-Montgomery), chairman of the Judicial Proceedings Committee, which voted Wednesday to send the bill to the Senate floor.

Just 24 hours earlier, lawmakers were at loggerheads. When the bill came up at a private meeting of House Democrats, Del. Benjamin F. Kramer (D-Montgomery), who is white, infuriated many black delegates when he described some concerns about DNA as "irrational."

African American lawmakers said they walked out of the meeting in a display of anger.

"We were extremely offended by his remarks," Benson said. "We felt that there was a deep degree of insensitivity to our plight."

"We never, ever qualify what a person's concern is," Del. Tawanna P. Gaines (D-Prince George's) said. "We simply assume it's a genuine concern."

In an interview, Kramer said that his comments were taken out of context and that he did not intend to treat black lawmakers disrespectfully. "I'm very frustrated that somehow what I said got turned on its ear," he said.

Legislative leaders said the governor's DNA bill was not likely to fail. Still, it is important to O'Malley that he win support from black lawmakers by compromise.

"Everyone would like to see a unified voice on the vote for this bill," said House Majority Whip Talmadge Branch (D-Baltimore), who is black.

Del. Herman L. Taylor II (D-Montgomery), a member of the black caucus, said it was significant that the caucus eventually commanded the respect and attention of O'Malley.

"The bottom line is we've shown that we have been a very loyal block of votes and part of this establishment, and we really do matter and we have concerns about the bill that need to be addressed," Taylor said.