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The Dispatch/Maryland Coast Dispatch
June 7, 2013
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BERLIN – A divided U.S. Supreme Court this week narrowly voted to reverse a Maryland Court of Appeals decision on a landmark case rooted in a Lower Shore rape dating back a decade. On Monday, the U.S. Supreme Court voted 5-4 to reverse an earlier decision by the state’s highest court that the DNA sample collected from a Salisbury man in 2009 and later used to connect him to a brutal unsolved rape in 2003 was unconstitutional under the Fourth Amendment. Maryland Court of Appeals had ruled the DNA sample taken from Alonzo Jay King Jr., now 29, of Salisbury, following his arrest on an assault charge in 2009 was unconstitutional and remanded King’s case back to Wicomico County Ciruit Court for a new trial. However, Maryland Attorney General Doug Gansler immediately appealed to the U.S. Supreme Court to review the Maryland Court of Appeals decision on the DNA testing case. The U.S. Supreme Court heard testimony on the case this spring and on Monday voted 54 to reverse the Maryland appeals court decision, essentially allowing law enforcement officers across the state to continue collecting DNA samples from suspects arrested for violent crimes. Gansler applauded
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the high court’s narrow vote this week. “This is a resounding victory for both law enforcement and civil libertarians,” he said. “This decision will help us solve cases and take criminals off the street. We were confident all along the Court would agree that taking a DNA swab is no more invasive than taking someone’s fingerprints and that DNA is an important tool in both identifying the guilty and exonerating the innocent.” In 2009, King was arrested after evidence identified him as a suspect in an unrelated assault case. Under Maryland’s relatively new law, a DNA sample was taken and entered into the state DNA database and that DNA sample ultimately connected King to an unsolved 2003 rape case. In July 2010, King was found guilty of first-degree rape for a 2003 incident during which he broke down the door of a residence in Salisbury armed with a gun and wearing a mask over his face and sexually assaulted a 52-year-old female victim. King was later sentenced to life in prison without the possibility of parole but quickly appealed his conviction in the rape case, arguing the DNA sample collection violated his constitutional right against unreasonable searches. In the Supreme Court’s majority opinion, Justice Anthony Kennedy SEE PAGE 40
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