By Chris Fox
AUSTIN (KRLD) - The backlog of about 15,000 untested rape kits has forced the State House Homeland Security Committee to consider overhauling the current forensic testing process handled by the Texas Department of Public Safety.
Lynn Garcia of the Texas Forensic Science Commission testified that "they (DPS) have had a crisis really in terms of their ability to fully support the demands on their laboratory over the last decade."
Garcia also explained to lawmakers that the backlog in forensic testing forced DPS to look out of state for help.
"We tried to help the laboratory leadership in their efforts to outsource to private laboratories in other states to get those kits worked, and worked quickly. They were able to do that."
That option didn't sit well with State Representative Travis Clarty.
"Offsourcing this most important evidence to some people out of state…they have no accountability to us? As a Legislature, I am much more comfortable giving money to the DPS and them ramping up their laboratories."
Clarty also questioned why police and district attorneys in his district have complained that DPS was giving preferential treatment to other cities and counties. Garcia explained how DPS established an option for markets to get their testing done quicker.
"They decided to offer an option to agencies, counties, and district attorneys' offices that wanted to have their evidence analyzed more expeditiously." This included the payment of an extra lab fee.
Clarty also took exception to this system as well saying, "I'm concerned about the perception that it's somehow pay-for-play…and some citizens in this state are entitled to more vigorous prosecution and investigation of their cases, and others are being put on the back-burner."
Garcia says her commission suggested in a recent report that the State Legislature take action.
"I think it would be great for the Legislature to conduct a study about what really is the best way to do forensic analysis in this state…I would suggest that that be done in the next cycle and then in the meantime that DPS's request for additional support be given very strong consideration."




