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Republicans are pleading with Albany Democrats to pass legislation vital to helping police solve cold cases amid an ongoing surge of violent crime. 

A state appellate court decision issued last week blocked the use of so-called familial DNA to track down the relatives of possible suspects who might be listed on law enforcement databases or genealogy websites open to the public.

The use of the emerging technology could resume though if the Democrat-dominated state Senate and Assembly pass legislation sponsored by state Sen. Phil Boyle (R-Long Island) and Assemblyman Doug Smith before adjourning for the year on June 2.

“It’s critical in helping us solve violent crimes – rapes, murders, cold case murders – and without this critical tool, there are going to be dangerous individuals who will avoid justice,” Suffolk County District Attorney Ray Tierney said at a Tuesday press conference in Albany.

Familial DNA is best known for helping locate a suspect in the infamous case of the Golden State Killer.

The NYPD credited the investigatory tool last November for solving a 1999 murder of a 13-year-old Bronx girl – the first successful use of such evidence in the Empire State.


  Suffolk County District Attorney Ray Tierney called the use of familial DNA “critical” for solving a variety of crimes. Zach Williams Suffolk County District Attorney Ray Tierney called the use of familial DNA “critical” for solving a variety of crimes. Zach Williams

The technique also provided answers to a 42-year-old murder case on Long Island, Suffolk County officials announced in March. 

“I cannot think of any more important issues that we should be working on to protect New Yorkers. I’m just going to remind everyone that familial searches are only done for violent crimes, murder, rate, kidnapping, terrorism and other violent crimes,” Boyle said at the press conference. 

Boyle noted at the press conference that state Senate Majority Leader Andrea Stewart-Cousins voted in favor of codifying the use of familial DNA in 2017 while the chamber was still under GOP control.


  State Senate Majority Leader Andrea Stewart-Cousins previously voted to codify use of familial DNA in 2017. Office of Governor Kathy Hochul State Senate Majority Leader Andrea Stewart-Cousins previously voted to codify use of familial DNA in 2017. Office of Governor Kathy Hochul

Spokesmen for Stewart-Cousins and Assembly Speaker Carl Heastie did not respond to requests for comment by publication time.

The outstanding issue of familial DNA emerged amid an ongoing rise in violent crime, which critics say shows a lack of concern from Albany Democrats including Governor Kathy Hochul.

“This should be the #1 priority,” Rep. Tom Suozzi (R-Long Island) said of addressing crime at a virtual press conference on Wednesday.

An appellate court ruling last week invalidated rules adopted in 2017 by the state Commission on Forensic Science that allowed the use of familial DNA. 

State Attorney General Letitia James is currently considering an appeal, according to her office.

Criminal defense advocates who filed a suit challenging the rules issued by the commission say the technique is far from perfect while celebrating the appellate ruling suspending the use of familial DNA. 

“We laud this decision which affirms our serious constitutional, privacy and civil rights concerns around familial searching, a technique that disproportionately impacts Black and Latinx New Yorkers,” Jenny Cheung, supervising attorney of the DNA Unit with The Legal Aid Society, one of the parties challenging the rules, said in a press release.

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