Identifying the missing and the dead: as forensic DNA technology improves, new opportunities emerge to solve cases of missing persons and unidentified remains.

Just days after the Sept. 11, 2001, attacks turned the World Trade Center into a smoldering Ground Zero, the National Institute of Justice convened a panel of experts to develop a process for identifying thousands of victims using DNA collected at the site of the tragedy.

The result was a customized version of CODIS, the FBI's DNA index system, created to match the DNA from victims of the attack with that provided by their relatives. The efforts led to the identification of more than a quarter of those reported missing.

Four years later, the same system was used to identify more than 100 victims of hurricane Katrina. The bodies were so badly decomposed by the high temperatures and water that DNA testing was the only way to find out who they were.

The Department of Justice helped with the cost. It awarded $1.5 million to the University of North Texas and another $4.4 million to Alabama, Louisiana and Mississippi to help with the huge undertaking.

DNA DISCOVERIES

The DNA technology that has become integral to investigation of criminal cases is now being put to work to help solve an estimated 40,000 cases of unidentified human remains. In most of these cases a family somewhere is seeking answers.

"DNA testing can make a big difference, but it's not being used like it could be," says John Morgan, director of Science and Technology for the National Institute of Justice.

Morgan says states need to tap into the improved DNA analysis methods used to identify World Trade Center victims. The Justice Department is working with state and local governments to help expand their capacity for forensic DNA technology to identify missing persons and unidentified human remains. Law enforcement agencies in 38 jurisdictions nationwide were awarded $14.2 million in 2005 to help solve "cold" cases and identify missing persons using DNA evidence.

The FBI's Missing Persons DNA Database contains DNA profiles of relatives of missing persons. The system also can accept genetic samples from material known to belong to the victim, such as hair from a comb or a sample taken from the victim's toothbrush. It also contains DNA profiles of unidentified human remains. States have only recently begun to conduct DNA analysis on human remains and to submit the results to the FBI and develop their own databases.

"The more information loaded into the CODIS system from across the country, the better chance we have in solving crimes and identifying missing persons," says Texas Senator Chris Harris. Texas and California are the furthest along.

TEXAS SOLVES CASES

The Texas Legislature created the Texas Missing Persons DNA Database using $1 million from the state's Crime Victims' Compensation Fund. The database is similar to the FBI's Missing Persons DNA system. To address concerns about privacy, the Texas legislation requires that samples remain confidential and be destroyed after a positive identification is made. The database is completely separate from the Department of Public Safety's convicted offender database.

The missing persons database has helped solve several cases. For example, in 2003, the North Richland Hill, Texas, Police Department arranged to have a DNA sample collected from the mother of Donna Williamson, a woman who had been missing since August 1982. The sample was submitted to the database, analyzed and uploaded into CODIS.

Meanwhile, the Johnson County Sheriff's Department was trying to identify a set of skeletal remains that had been stored by the Tarrant County Medical Examiner's office for 10 years. When the Johnson County detective learned about the existence of the Texas database, he had a sample of the remains analyzed. The result was a 95 percent probability of a match with the sample from Donna's mother. Dental records collaborated this discovery.

"The DNA database has been integral in solving some high profile missing persons cold cases," says Senator Harris, the author of the legislation creating the database. "At the same time, it could be used to a fuller extent." Educating law enforcement, medical examiners and coroners, as well as the general public, about the database will go a long way in helping it reach its full potential.

The Texas legislation requires law enforcement agencies, county coroners and medical examiners to retain a sample from unidentified remains before burial or cremation, and forward it to the University of North Texas, which runs the state's database.

CALIFORNIA, TOO

In California, a similar missing persons database was created and funded by increasing the cost of a death certificate by $2, which raises about $3 million a year.

"The legislation goes far beyond the creation of a database," says Jeannine Willie, with the California Bureau of Forensic Services. "It establishes important procedures for law enforcement when a missing persons report is filed and puts requirements on medical examiners when a body is found."

The legislation requires law enforcement to accept a missing person report from anyone and to enter the information into the system. This is important in circumstances where the missing person is not in frequent contact with family members or does not have a family. In situations where the person disappeared under suspicious circumstances or is under age 16, law enforcement officers are required to check with the local coroner or medical examiner, broadcast an alert, and inform parents or relatives that they voluntarily may provide a sample for DNA testing.

Also in California, medical examiners and coroners are required to submit detailed reports to the state's Department of Justice whenever human remains are recovered. The reports include autopsies, fingerprints, dental x-rays, genetic material for DNA testing and other information to assist in identifying the body.

"Very few states require these simple steps, but they go a long way in solving missing person cases," says Willie. "The most important things to do are to require law enforcement and medical examiners to collect and share information in a timely fashion and prohibit state agencies from disposing of unidentified remains without retaining a sample for future analysis."

NATIONAL MODEL

Last year, the U.S. Department of Justice established a task force of representatives from local, state and federal law enforcement, forensic medicine and victim advocacy organizations to study ways to improve the use of federal DNA databases. With help from the task force, the National Institute of Justice developed model state legislation that provides guidance to states on the entire process surrounding missing persons. It outlines model procedures to improve the chances of solving missing person cases and gives states the opportunity to adapt certain provisions to their own specific situations. To date, 24 states allow their DNA databases to be used for the identification of human remains.

"We can do a more thorough job of solving missing persons cases by establishing standard procedures and working as a unified front," says Illinois Representative Dan Brady, a former coroner with more than 20 years of experience in the field.

Senator Harris agrees. He says the Texas Missing Persons Database will encourage partnerships and serve as a model to other states.

"Creating a successful partnership between police, coroners and forensic labs is a recipe to bring closure to thousands of cold missing persons cases," he says.

AMBER ALERT 

The AMBER Alert system created in Texas in 1996 in memory of Amber Hagerman, a 9-year-old girl who was abducted and murdered while riding her bike in Arlington, Texas, now exists in every state. AMBER stands for America's Missing: Broadcast Emergency Response. News bulletins broadcast information about a missing child over the airwaves and on highway alert signs to encourage the public to help law enforcement locate a kidnapped child. The first hours following a child abduction are considered to be critical in terms of response.

According to the U.S. Department of Justice, AMBER Alerts have helped bring home more than 200 abducted children nationwide. "AMBER Alert is a proven success, ensuring we have a strong and seamless network in place to protect our children," says Regina Schofield, assistant U.S. attorney general for the Office of Justice Programs (OJP), and the Department of Justice's national AMBER coordinator.

Two years ago, the federal Protect Act was passed to help coordinate the 50 state AMBER plans. It has provided $12 million so far for training and technical assistance to states and territories. Last fall, OJP announced an initiative to train regional Child Abduction Response Teams nationwide to respond quickly to missing and abducted children cases.

ADULT AMBERS

Adults have often been an ignored population of missing persons, but some states are looking to change this. Of particular concern are missing adults who suffer from Alzheimer's disease or have other medical conditions that leave them disoriented and in need of immediate assistance.

Illinois now requires the Department of State Police to develop a statewide emergency alert system for missing endangered seniors. Training standards are being established for police on how to deal with missing seniors. New Hampshire also enacted a new law requiring expedited broadcasting and reporting of missing elderly adults. And New Jersey just passed a law requiring the Department of Law and Public Safety to establish policies for state police and local law enforcement in working to find lost individuals with Alzheimer's disease and related disorders.

How to expand AMBER Alerts to adults without creating a flood of such alerts has been raised as a concern in some states. Legislation passed in New York last year was vetoed by the governor who believed that it would make missing person alerts so common they would lose their intended impact.

MODEL LEGISLATION

Model state legislation developed by the National Institute of Justice does the following:

* Requires all law enforcement agencies to accept any report of a missing person and to share it within the state and region.

* Requires law enforcement officers to notify the family about how the case will be handled.

* Suggests ways to improve the collection of information about missing persons and prioritizes high-risk cases.

* Ensures prompt dissemination of critical information to other law enforcement agencies and the public that can improve the likelihood of a safe return.

* Lays out an approach for collecting data that can later be used to help identify human remains.

* Suggests ways to improve death scene investigations and ensure the delivery of human remains to the proper examining entity.

* Ensures the timely reporting of identifying information to national databases. DNA samples must be taken within 30 days and uploaded to all relevant national, state and local DNA missing persons databases.

For text of the model law, see www.dna.gov/m_person/model.html

Sarah Hammond specializes in victims' issues and Blake Harrison in crime information systems and policies for NCSL's Criminal Justice Program.