DNA Samples obtained by Tasers

Monday, June 15th, 2009

A New York State judge ruled that it’s permissible for police to obtain a DNA sample from suspects by zapping them with a Taser as long as it is done without excessive extent, malice, or resulting injury.

Sara Sheldon Sperrazza of Niagara County decided to obtain another sample of DNA from Ryan Smith (accused of shooting and gas station robbery) because the first one was sent to the wrong lab by the police. As a result, the DNA sample was opened and spoiled.

When Smith refused to give another DNA sample by swabbing his inside cheek, police zapped him with the electronic stun gun (50,000-volt). Patrick Balkin, his defense lawyer, denounced this. He said, “The judge’s decision means that you can enforce any court order by force, and just Taser anybody anytime.”

On the other hand, Sperrazza cited the Criminal Procedure Law of the state and numerous legal precedents. Also, Officer George McDonnell, the one who used Taser on Smith testified that he only used it for one to two seconds, when the data readout on it says that it can be used for four seconds.

Balkin still insists that the court waived the due process of his client. On the other hand, McDonnell reported that the suspect never complained of injury and none was observed as well.

Tags: DNA, George McDonnell, lawyer, New York, Niagara County, Patrick Balkin, Ryan Smith, Sara Sheldon Sperrazza, Taser
Posted in Injury | No Comments »