DNA backlog grows to nearly 800 cases in state crime labs, new figures show

Keegan Kyle | Appleton Post-Crescent

Show Caption Hide Caption Video: 3 ways Wisconsin crime labs are slower State crime labs are taking longer on average to test DNA, drugs and gun evidence, according to annual lab reports.

MADISON - State crime lab workers have sped up drug tests in the past year, but a backlog of months-old DNA evidence has continued to grow to nearly 800 cases.

Attorney General Brad Schimel, who oversees the state crime labs, released new figures Friday about the tests, about four weeks after USA TODAY NETWORK-Wisconsin requested them under open records laws.

Schimel is campaigning for re-election Nov. 6 and has faced criticism from his opponent, Democrat Josh Kaul, over crime lab delays. When the Republican entered office in 2015, DNA evidence rarely took more than two months to test.

Now, about half of all DNA tests take at least two months and hundreds of cases typically take more than three months — potentially slowing police investigations or court cases that rely on DNA.

State authorities have attributed the increased DNA delays to a surge in demand from law enforcement, more time-consuming FBI rules and inadequate staffing levels. Schimel wants lawmakers next year to approve $1.6 million for 14 new hires.

In a written statement, Schimel called bolstering the crime lab his top budget request priority.

"We have been aggressive and innovative when it comes to staffing and processing times, but we always strive to be better," Schimel said. "Evidence submissions to the crime lab increased 49 percent just from 2015 to 2016, and they continue to stay incredibly high as law enforcement are better utilizing science to solve crimes."

Kaul didn't respond to a message seeking comment. On the campaign trail, he has urged for more resources at the state crime labs to speed up tests but refused to provide details of his plans until after consulting lab workers.

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USA TODAY NETWORK-Wisconsin first reported growing delays at state crime labs in September 2017. At the time, state figures showed hundreds of drug, toxicology, firearms and DNA cases were taking months longer than previous years.

Schimel authorized several steps last year and this year aimed at addressing the backlogs — with mixed success. The crime labs have seen big drops in months-pending drug and toxicology cases, but a small drop in gun cases and worsening delays with DNA cases.

As of Oct. 12, state crime lab figures show 788 of 1,575 pending DNA cases had been waiting for at least 60 days and 582 had been waiting for at least 90 days.

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Schimel and crime lab officials have said the increased DNA delays involve low-priority cases because law enforcement may request expedited testing for urgent needs. But they have also provided no data to back up that assertion.

Last year, about 40 percent of the state crime labs' DNA caseload involved sexual assault cases and 10 percent involved homicide cases. The average DNA case took about 70 days to complete last year, up from 43 days in 2015.

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