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COMMENTARY: Lying to get DNA evidence from innocent people should not be tolerated

FLORIDA COURIER — Voluntarily submitted. That is the context for a second tragedy that has now unfolded. In October of 2018, Orlando police went to the home of Eleanor Holmes in Valdosta, Georgia. There the police approached Mrs. Holmes at her front gate and asked her if she would consent to providing a DNA cheek-swab so that police could identify a possible relative in Orlando who had been found dead many years earlier. That was a lie. Orlando police were actually looking for evidence to link Mrs. Holmes son to the murder of Christina Franke.

Published

5 years ago

March 14, 2020

Oakland Post

The Fourth Amendment protects all private citizens; the innocent perhaps even more than those suspected of criminal activity. The taking of DNA from a person not suspected of a crime, by lying to that person, in order to obtain evidence against her son, was shocking behavior. (Photo: iStockphoto / NNPA)

By Leroy Pernell, Florida Courier

A horrible tragedy occurred in 2001 when 25-year-old Christina Franke was brutally murdered in her central Florida home. Without leads, the case remained unsolved for 17 years.

In 2018, Orlando police, using a relatively new technique referred to as “Target Testing” sought out family DNA information for use in a program called GEDMatch. The acceptance of such programs in court has yet to be fully determined.

However, a key component has been the use of family DNA voluntarily submitted in programs such as Ancestry.com and 23andMe.

Voluntarily submitted. That is the context for a second tragedy that has now unfolded. In October of 2018, Orlando police went to the home of Eleanor Holmes in Valdosta, Georgia.

There the police approached Mrs. Holmes at her front gate and asked her if she would consent to providing a DNA cheek-swab so that police could identify a possible relative in Orlando who had been found dead many years earlier. That was a lie.

Orlando police were actually looking for evidence to link Mrs. Holmes son to the murder of Christina Franke.

Not guilty plea

It is unclear whether police had sufficient evidence to form probable cause for such suspicion but what was clear is that police had already used this lie to trick other members of Mrs. Holmes family into providing a DNA sample.

The information gained from the police deception was used to ultimately charge Mrs. Holmes son, Benjamin Jr., with the death of Christina.

Benjamin has pled not guilty and it remains to be seen what role this largely unproven and deceptively received DNA evidence (the DNA not of the accused but of his family) will play in that trial.

Trickery is not ethical

Issues of the DNA reliability aside, the issue here is not the guilt or innocence of the accused but whether an American citizen not accused of anything, can be tricked into causing her child to be prosecuted.

Taking personal DNA information from private citizens, without a warrant and through deceit, is an outrageous, unreasonable and unconstitutional invasion of privacy. The Florida Association of Criminal Defense Lawyers in 2018 challenged the proposition that lies can be used to gain consent to enter a home.

That situation involved a defendant’s home. This situation is much worse. Mrs. Holmes is not a suspect and information from her body receives much greater Fourth Amendment protection than does the home.

The Florida Supreme Court has only approved obtaining saliva samples by deception-obtained consent only from a defendant who was already in custody pursuant to probable cause.

Protected privacy violated?

It was also unnecessary. There was no indication of an attempt to obtain a warrant, or indeed, being honest with Mrs. Holmes as to the real purpose. She may well have cooperated in order to clear her son’s name.

Nor is there any indication that exigent circumstances existed that might justify warrantless action.

While there is precedent for allowing police to lie to a suspect after the suspect has knowingly, intelligently and voluntarily waived his or her right to remain silent, in order to obtain a confession there is no such precedent for innocent persons to be tricked into an invasion of their privacy.

Consent to a search obtained through trickery is not a valid consent particularly as to personal and private information within our bodies. Such information is entitled to the highest level of Fourth Amendment protection.

Real consent

DNA information contained within our bodies, whether it be blood, urine or saliva has consistently been held to be protected by the Fourth Amendment from unreasonable removal from our bodies by the state.

Not only has such received Fourth Amendment protection, but such actions have been held to require a warrant in the absence of exigent circumstances. With the passage of 17 years, the situation can hardly be described as an exigent-emergency circumstance.

In 1968, the United States Supreme Court said that when police obtained consent to enter a home by lying about the existence of a warrant, such consent was invalid.

While invasion of our protected privacy can be justified by consent, that consent requires real consent. Not consent based on a lie. LeRoy Pernell is a professor at Florida A&M University’s College of Law in Orlando.

The post Lying to get DNA evidence from innocent people should not be tolerated appeared first on Florida Courier.

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OP-ED: The Illusion of Allyship. White Women, Your Yard Signs Mean Nothing to Me

NNPA NEWSWIRE – “The blue bracelets are something White women are wearing so others can see that they didn’t vote for Trump,” says Liberal Lisa from Oklahoma on X. Chile, bye. These bracelets are hollow symbols, empty gestures that mean nothing to me. An accessory to claim distance from Trump’s legacy is superficial comfort, while the choice to not stand with us in the voting booth is far more profound.

Published

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Oakland Post

Political yard signs can symbolize intentions and allegiance. But this year, they’ve also symbolized betrayal. During this general election, Black women were led to believe that more White women would stand with us. Exit polls, however, told a different story. Despite overwhelming displays of support, more White women still chose to vote for the convicted felon, reality TV star, and rapist. White women answered the call but left us hanging at the polls.

A Familiar Disappointment

I live in DeKalb County, Georgia, and the abundance of Harris-Walz yard signs could’ve fooled me. But I’ve seen this before, back when Stacey Abrams ran for governor. White women showed up, put up signs, attended rallies, knocked on doors, and phone-banked. Yet, when it came time to vote, they let us down—not once but twice. I’ve been here for over 15 years, and if there’s one thing I know, it’s that political signs are symbols without weight.

In every election, I’ve talked with White women. Most aren’t the primary earners in their families and vote along party lines, aligning with the preferences of their fathers and husbands. These conversations reveal a reluctance to break from tradition, even when their votes affect women and certainly when their votes impact the lives of people who look like me.

The Illusion of Solidarity—Symbols Are Not Enough

On social media, I’m seeing White women posting pictures of blue bracelets to “prove” they didn’t vote for Trump. “The blue bracelets are something White women are wearing so others can see that they didn’t vote for Trump,” says Liberal Lisa from Oklahoma on X. Chile, bye. These bracelets are hollow symbols, empty gestures that mean nothing to me. An accessory to claim distance from Trump’s legacy is superficial comfort, while the choice to not stand with us in the voting booth is far more profound.

I’ve seen Black Lives Matter signs and black squares posted on Instagram to “prove” support for Black people, but we now know that was a lie, too. Will those same people who claimed Black lives mattered now take down their Harris-Walz signs and show their true selves?

Navigating these truths is a daily struggle for me—professionally and socially. White women often misuse their privilege, supporting us only when it’s convenient. Seeing overqualified Black women sabotaged or abandoned by White women at critical moments is a constant emotional challenge. It’s exhausting to live with this reality, especially when solidarity seems like something they pick up and discard at will.

One clever campaign ad from Harris-Walz that spoke directly to White women. “Your Vote, Your Choice” emphasized that their vote was private—independent of their household situation. Another was from Olivia Howell Dreizen, the “Vote Without Fear” campaign, which empowered women to consider the greater impact of their choices. But it seems many still couldn’t choose the roadmap to freedom—even when it was handed to them.

A Call for Action Beyond Words

White women, I want to believe you care, but actions speak louder than yard signs, bracelets, or Instagram posts. Show up in our communities, advocate in your workplaces, and stand up to dismantle the structures that uphold white supremacy. Only through real action will we know where you stand.

If you choose not to act, we see you—and we know exactly where you stand. Good luck these next four years.

Disclaimer: The views and opinions expressed in this article do not necessarily reflect the official policy or position of BlackPressUSA.com or the National Newspaper Publishers Association.

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Supernova Parenting Conference Empowers Over 100 Parents with Resources for Neurodivergence and Mental Health

The inaugural Supernova Parenting Conference was co-hosted by Natasha Nelson, known as Supernova Momma, and Yolanda Walker, founder of Parenting Decolonized. It brought together over 100 parents, caregivers, and educators dedicated to fostering understanding and support for neurodivergent children and mental health challenges. The conference provided invaluable resources, expert insights, and a collaborative space for […]

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The event featured a variety of workshops, panel discussions, and keynote speeches from leading experts in neurodiversity and mental health. Attendees left with practical tools and strategies to enhance their parenting journeys, emphasizing the importance of understanding and supporting the unique needs of neurodivergent children.

“While the conference was a tremendous success, we believe that our work doesn’t end here,” said Natasha Nelson. “It’s crucial to continue providing ongoing support and resources for parents as they navigate this important journey. We want to ensure families can access the tools they need long after the conference.”

To extend the momentum generated at the conference, Natasha and Yolanda are excited to announce the launch of the Supernova Parenting Community. This membership-based initiative aims to offer a safe and supportive environment for parents and caregivers to continue their growth as conscious parents.

Membership is available for as little as $5 a month via Patreon, making it accessible for all families seeking support.

“We know that parenting can be a challenging journey, especially when navigating neurodivergence and mental health issues,” Yolanda Walker added. “Our goal is to build a community where parents feel seen, heard, and supported. We hope you’ll join us in this vital work.”

For more information about the Supernova Parenting Community and to sign up for membership, please visit supernovaparenting.org