Solving the problem of the missed collection of lawfully owed DNA

Key takeaways

• Millions of lawfully owed DNA samples are likely missing from CODIS, allowing violent offenders to remain unidentified and continue offending.
• Missed DNA collection has directly enabled preventable rapes and murders, as shown in the Anthony Sowell and Larry McGowan cases.
• The failure is systemic, not individual, driven by breakdowns in policy, intake procedures, tracking systems and interagency accountability.
• Assumptions are a critical vulnerability — investigators often presume DNA was collected and uploaded when no verification exists.
• SAKI funding provides a proven path forward, supporting LODNA censuses, collection, processing, investigation and prosecution.
• Cuyahoga County’s SAKI LODNA task force demonstrates measurable results, including cold hits, sexual assault case resolutions, and offender identification that would otherwise not have occurred.

My previous article, “The DNA failure that’s letting predators slip through the cracks,” [1] highlighted the issue of uncollected Lawfully Owed DNA samples (LODNA). LODNA is the collection of an individual’s DNA under statutory authority or through a legal process, such as arrest, arraignment, institutional commitment, or conviction for a crime specified in the penal code. DNA profiles are processed by FBI-approved and accredited forensic laboratories and uploaded via a software program called the Combined DNA Index System (CODIS). Profiles are ultimately retained within the National DNA Index System (NDIS), which is divided into indexes containing over 25 million offender, arrestee, and forensic DNA profiles. [2]

| RELATED: The DNA failure that’s letting predators slip through the cracks

With an estimated millions of outstanding arrestee/offender DNA samples missing from CODIS, where does one start? I asked myself the same questions and decided to conduct an informal survey. I asked 100 investigators if they knew what “LODNA” was. The results were disappointing but sadly not unexpected. No one immediately understood the term, but after a brief explanation, I asked them, “How do you know your arrestee or convicted offender’s DNA ever made it into CODIS?” All respondents universally “assumed” jail, court, or correctional facility intake personnel had performed their duties correctly.

Imagine finding out the DNA from the heinous felon you worked hard to arrest or convict never had their DNA collected and uploaded into CODIS, and later was freed and committed multiple crimes, leaving in their wake untold numbers of victims. How would you feel if one of your family members were one of those victims? Equally as disturbing would be that the DNA might have exonerated an individual. Let’s explore this problem further.

Cleveland strangler case

As an advocate for crime victims and survivors promoting the use of technology by law enforcement to solve, deter and prevent crime, the Cleveland Strangler case is alarming. It underscores a critical truth: technology, while powerful, is no substitute for a thorough and competent investigation — especially in cases involving sex offenders.

In 1989, Anthony Sowell was arrested for the violent rape of 21-year-old Melvec Sockwell, who was pregnant at the time. He bound, gagged and threatened to kill her. After posting bond, Sowell assaulted another pregnant woman, but the case was dropped when she declined to cooperate. Convicted in the Sockwell case, he served 15 years in prison and was released in 2005. Despite his incarceration and state law allowing DNA collection, Sowell’s DNA was never entered into the national CODIS database.

On December 8, 2008, Glady Wade escaped from the residence of Anthony Sowell after a violent assault and immediately reported the incident to police. Although Wade had showered following the attack, which prevented the collection of a Sexual Assault Kit, investigators discovered her blood inside the home. Despite this physical evidence, the detective assigned to the case failed to review and present it to the county prosecutor. With only Wade’s statement, which Sowell denied by claiming she attempted to rob him, the case was dismissed, and he was released two days later. [3]

Sowell was a registered Tier Three Sex Offender and should have been prosecuted. This incident marked a critical missed opportunity to stop him before his killing spree began. Wade later sued the City of Cleveland and was awarded $40,000.

On April 15, 2009, a woman reported to the Cleveland Heights Police Department that she had been picked up by a man she knew only as “Tony,” taken to an unfamiliar house, and raped. According to the report, filed two days after the incident, the police collected evidence for a Sexual Assault Kit, but processed only the victim’s blood and urine. There was controversy over whether this was a procedural oversight or a deliberate decision, perhaps influenced by toxicology results showing multiple drugs and alcohol in the victim’s system and a limited understanding of the victim’s trauma response. Given the totality of how many sexual assault cases there were historically only superficially investigated, it is reasonable to assume it was the latter.

Despite the victim providing Sowell’s actual first name, he was not identified. His name potentially could have been found in the Registered Sex Offender database and verified by the approximate location indicated by the victim. This case represented the second missed opportunity to arrest Sowell and prevent further deaths.

The victim’s case resurfaced only after she recognized Anthony Sowell in news coverage following his arrest. It took police two more years to locate the Sexual Assault Kit in evidence. Once processed, it matched Sowell’s DNA, which had been collected after the discovery of multiple victims at his residence. This failure to act marked the second missed opportunity to arrest Sowell before he went on to kill additional women.

On September 22, 2009, two Cuyahoga County deputies visited Anthony Sowell’s home to verify his address under the sex offender law. Though allowed to search the property, they did not. They confirmed his residency at the doorway and left. The deputies claimed they noticed nothing unusual, though others questioned this, citing the pungent odor of decaying bodies.

Hours after deputies left Anthony Sowell’s home, Latundra Billups reported being raped at his duplex on Imperial Avenue. When police executed a search warrant on October 29, 2009, Sowell was not present, but investigators made a horrific discovery. Two decomposing bodies were found immediately, and over the following days, the remains of 11 victims were recovered, including a skull in a bucket. Most had been strangled, bound, and gagged, and the odor of death was overwhelming.

Anthony Sowell was charged with 11 counts of aggravated murder and 85 counts related to rape, kidnapping, evidence tampering, and abuse of a corpse. Only after his arrest did authorities discover that his DNA had never been uploaded to the national CODIS database. After the collection and processing of his DNA following his arrest, Sowell’s DNA did not match any other outstanding crimes.

Anthony Sowell was sentenced to death, but a series of legal appeals delayed his execution. He ultimately died from a terminal illness in 2021 while still on death row.

“Your soul will never be free”

During the sentencing phase for the 1997 murder of Maxine Pratt, Robyn Young, Pratt’s niece, addressed the court with raw emotion. The defendant, Larry McGowan, admitted, “I was a monster back then, and they deserve justice.” He pleaded guilty and received a 40-year sentence for Pratt’s murder, as well as for the rape, robbery and burglary of six other women. [4]

McGowan eluded identification for over 17 years. Despite multiple arrests for burglaries and arsons, he was repeatedly released, enabling him to commit further crimes, including rapes. Investigators had developed an unknown male DNA profile linked to three rapes and one murder, but the perpetrator remained unidentified.

Between 2002 and 2003, McGowan’s DNA was collected under Ohio’s DNA collection laws. However, due to a failure to enter his profile into CODIS, the national DNA database, critical connections to unsolved cases were missed.

In 2012, just two weeks after being released on parole for a prior rape conviction, McGowan raped a 53-year-old woman in Akron, Ohio. This time, his DNA was processed correctly and matched to the earlier crimes. Tragically, at least two of his victims were assaulted after his DNA should have been in the system — an oversight that allowed preventable violence to occur.

Systemic breakdowns

By the time Anthony Sowell and Larry McGowan were behind bars, the damage had already been done. Both men had committed unspeakable crimes — rape, murder and assault — while their DNA, legally required to be collected and entered into the national database, was either mishandled or never processed at all.

The failures weren’t isolated. They were systemic. Reasons why Sowell’s and McGowan’s DNA never made it into CODIS are a matter of conjecture.

In Ohio, where both men were incarcerated, investigators later uncovered disturbing lapses in protocol. DNA collection kits were routed through inmate-staffed mailrooms, where they were likely destroyed before reaching the lab. Even more troubling, upon release, prison officials relied on inmates to self-report whether their DNA had been collected. If a prisoner said “Yes,” no verification followed. No sample was taken. No profile was uploaded to CODIS.

These breakdowns weren’t just technical; they were also structural. A lack of interoperable tracking systems, convoluted laws, and human error created a perfect storm. The result: violent offenders remained unidentified, free to commit additional crimes.

The lesson is clear. When systemic flaws are exposed, law enforcement must act swiftly and decisively. System improvement involves implementing checks and balances, upgrading outdated software, and ensuring effective managerial oversight to ensure optimal performance. But even with the will to change, the path forward is steep.

Conducting a LODNA census, which involves a full audit of individuals whose DNA should be in CODIS, is a massive undertaking. It requires locating individuals, collecting samples, verifying legal eligibility, and coordinating with labs to ensure proper processing. It requires time, labor, and funding that most agencies lack.

And yet, the need is urgent. No jurisdiction is immune. Every missed DNA collection is a missed opportunity to solve cases and prevent harm.

For those who recognize the stakes, federal assistance offers a lifeline. Grants, technical support and legislative reform can help local agencies close the gaps and restore trust in the system. Because justice delayed by bureaucracy is justice denied — and the cost is measured not in dollars, but in lives.

The solution: SAKI funding

As someone who has studied systemic investigative and procedural failures, I’ve catalogued numerous cases in which justice was delayed due to the failure to process SAKs and uncollected LODNA. Fortunately, after years of recognizing its impact on violent crime investigations, the U.S. Department of Justice and its Bureau of Justice Assistance have provided grant funding for over a decade to process sexual assault kits and related homicides, and upload LODNA samples to CODIS. The DNA Identification Act of 1994 created the National DNA Index System, and the DNA Backlog Elimination Act of 2000 authorized DOJ grants to state and local agencies to eliminate testing backlogs.

Dr. Angela Williamson [5], who served as the Forensics Unit Supervisor and FBI Behavioral Analysis Unit (BAU) Forensic DNA Specialist at the U.S. Department of Justice (DOJ), was all too aware of the impact of failing to process DNA in criminal cases. In 2015, she created the Bureau of Justice Assistance’s (BJA) Sexual Assault Kit Initiative (SAKI) to address the nationwide backlog of untested sexual assault kits (SAKs). [6] To date, over $350 million has been granted to fund and provide resources to law enforcement, laboratories, prosecutors, and victim advocates to inventory, track, investigate, and prosecute cases stemming from untested sexual assault kits, sexually motivated homicides, and other violent crimes. The SAKI grant is currently divided into six “Purpose Areas.”

• Purpose Area 1: Comprehensive Approach to Sexual Assault Kits.
• Purpose Area 2: SAKI for Small Agencies (including Rural and Tribal entities).
• Purpose Area 3: Expansion of DNA Databases to Assist with Sexual Assault Investigations and Prosecutions & Lawfully Owed DNA (LODNA) Collection/Processing.
• Purpose Area 4: Investigation and Prosecution of Cold Case Sexual Assault.
• Purpose Area 5: Developing and Implementing a Sustainability Plan.
• Purpose Area 6: National Cold Case Initiative.

Dr. Williamson was aware of LODNA shortfalls for several years before joining BJA, through her collaborative casework with Detective Lindsey Wade from the Tacoma Police Department in Washington State. [7] Detective Wade, who is the author of “In My DNA,” discovered that the notorious serial killer Ted Bundy never had his DNA profile uploaded to CODIS. It was also apparent to Dr. Williamson that it would be a disservice to victims if SAKI only focused on supporting the testing of evidence, knowing that potentially hundreds of thousands of the responsible offenders did not have their DNA in CODIS. As such, Dr. Williamson developed and successfully campaigned to include a LODNA focus area under the SAKI grant starting in 2016 (now known as Purpose Area 3).

LODNA in Cuyahoga County

In recognition of the systemic failures in cases such as those of Anthony Sowell and Larry McGowan, among others, Cuyahoga County, Ohio, utilized the LODNA Purpose Area and established a task force to address this issue, applying for the SAKI LODNA grant in 2016 (Award Number 2016-AK-BK-K011). The entire effort was led by the Cuyahoga County Prosecutor’s Office, led by prosecutor Mary Weston. Swabs collected from offenders were sent to the Ohio Bureau of Criminal Investigation (BCI) state laboratory for processing and uploaded to the Combined DNA Index System (CODIS). In 2019, additional funding was provided to continue with the project (Award Number 2019-AK-BX-0029.

The current Purpose Area 3 requires agencies to comply with several objectives, which the task force broke down into three phases:

• Phase 1: Completing a census of individuals who should have had their DNA collected but did not (lawfully “owed” DNA), with a particular focus on identifying individuals who might link to the untested sexual assault kits.
• Phase 2: Lawfully collecting DNA from offenders identified in the census as owing DNA, submitting the swabs for DNA testing, and following up on any possible hits resulting from swabbing.
• Phase 3: Disseminating the findings from these efforts. The research and final report were conducted in partnership with a research team led by Dr. Rachel Lovell. [8] Her peer-reviewed report in the Journal of Forensic Sciences is a must-read for any agencies contemplating applying for the same grant. [9]

Results

State DNA collection laws vary widely, and Ohio’s law is no exception. The Ohio Attorney General’s Office determined that only offenders who are in custody, under supervision such as probation or parole, or facing pending charges can be required to submit a DNA sample. Anyone outside those categories must wait until they reenter the criminal justice system. The figures cited here are current as of June 30, 2022, and will be updated as new data becomes available.

As of June 30, 2022, the completed census confirmed that 14,931 individuals have a lawful obligation to provide a DNA sample.

Officials conducted 26 “sweeps,” which are coordinated efforts to collect and upload DNA samples from census members into CODIS.

Any resulting “hits” were communicated back to the task force and categorized as follows:

• No immediate match: the submitted profile does not match any existing profile in the database.
• Hit/match: the profile corresponds to a possible perpetrator or links to Sexual Assault Kit (SAK) evidence or other crime-scene evidence.
• Cold hit: the match identifies a previously unknown perpetrator, connecting an unsolved crime to a DNA profile for the first time.
• Warm hit: the match points to a named suspect who was already under suspicion before DNA testing.

Of the 14,931 individuals confirmed to owe their DNA lawfully, 3,069 (20.6%) now have their DNA in CODIS.

• 116 forensic hits were identified among the 3,069 individuals who had been swabbed (4%).
• 104 forensic hits occurred from crimes in Cuyahoga County (90%).
• 81 forensic hits were “cold” hits (70%).
• 116 hits were connected to 11 different crime types.
• 55 hits were from sexual assaults (47%).
• 21 hits were connected to burglaries (18%).
• 7 hits were connected to homicides (6%).

These forensic hits produced measurable investigative and prosecutorial outcomes, detailed below:

• 44 cases closed without indictment (38%).
• 27 cases resulted in indictment (23%).
• 13 cases had pending investigations (11%).
• 12 cases were previously disposed (10%).
• 13 individuals (11%) were ruled out as suspects (e.g., consensual partners)
• Six (6) cases were beyond the statute of limitations (5%).

Data review

Examination of the above data raises the question of how many investigative leads might have resulted if the 14,931 individuals originally had their DNA collected. The 3,069 DNA collections funded by the grant yielded 116 forensic hits, for a CODIS forensic hit ratio of 3.7%. Using this percentage, it might be estimated that an additional 560 forensic hits could result (14,931 – 116 = 14,815 * 3.7% = 560). The Prison Policy Initiative concluded that 62% of people released from incarceration are re-arrested within three years. [10] It is not beyond comprehension that some of the individuals identified from the 560 forensic hits may be responsible for multiple crimes.

Dr. Lovell and her team projected 484 forensic hits, theoretically would hit to 102 “backlogged” SAKs, and 97 to non-SAKI sexual assaults for a total of 199 sexual assaults. The conclusion was that the data estimated a total of 86 sexual offenders are still in the area who are likely sexually assaulting others.

Prevention of missed collections

With more than 25 million profiles in the database, CODIS is one of the most effective crime-solving technologies implemented in the past 30 years. Uploading more LODNA profiles would increase investigative lead hits; however, how do we ensure collections are completed? What is needed is a comprehensive acknowledgment of the problem, as well as cooperation and coordination among all segments of the criminal justice system responsible for collection, processing, and uploading to CODIS. We need to collect offender DNA when there is the statutory authority to do so. To miss that window of opportunity is to risk the collection entirely. The following are recommendations to decrease the problem:

• Apply for a BJA SAKI Purpose Area 3 federal grant and partner with a local or state CODIS laboratory and prosecutor’s office to identify and collect samples from individuals lawfully owing DNA.
• Enact state legislation to require and monitor DNA collection, allowing for the immediate processing of all felony and serious misdemeanor arrests.
• Amend laws to compel DNA collection regardless of whether the offender is under criminal justice supervision.
• Establish Rapid DNA booking stations to collect, process and upload LODNA to CODIS upon jail intake.
• Upgrade and deploy Automated Fingerprint Identification Systems (AFIS) to conduct criminal history searches and identify “DNA Tags” indicating that an individual’s DNA is already in CODIS, thereby preventing unnecessary collections.
• Deploy law enforcement case and evidence management software integrated with a CODIS laboratory’s information management system to track sample submissions and provide hit notifications.

Conclusion

The Sowell and McGowan cases are remembered not only for their magnitude and brutality but also for the investigative failures that allowed them to unfold. Had DNA evidence appropriately been collected and key investigatory and prosecutorial mistakes been avoided, many of the victims might still be alive. The consequences of those errors were so profound that the families of six women who were murdered after the mishandling of Gladys Wade’s rape, investigation into the rape of Gladys Wade, successfully sued for damages. Characterizing the detective’s investigation as “reckless and sloppy,” the City of Cleveland was ordered to pay $1 million for its “repeated indifference.” [11]

The Cuyahoga LODNA Task Force was the first initiative funded under SAKI’s Lawfully Owed DNA (LODNA) Purpose Area 3, and it quickly became a model of interagency collaboration. Since then, 15 jurisdictions have committed to tackling the backlog of lawfully owed DNA samples with SAKI support. Most recently, the Louisiana State Police, the Tennessee Bureau of Investigation, and the Arkansas Department of Public Safety received SAKI funding for Fiscal Year 2024 and are set to launch their programs this year. [12] As these efforts unfold, their results will further demonstrate the impact of this work. Most importantly, we encourage additional jurisdictions to seize this opportunity and follow the example of Cuyahoga County and its SAKI LODNA peers, demonstrating the same commitment to closing gaps and strengthening accountability. On September 17, 2025, the Bureau of Justice Assistance released the Fiscal Year 2025 SAKI grant solicitation, and we will eagerly monitor applications from agencies.

Do not assume your arrestee, suspect, defendant, convicted offender, probationer, or parolee’s DNA is in CODIS. Estimates suggest that states have, on average, missed between 40,000 and 50,000 LODNA samples; however, this may be an unrealistically low number. In 2011, the California Department of Justice reported failing to collect 1,049,168 samples. [13] Over the past 14 years, sample collection has not improved, and it is easy to believe there could be as many as 1.7 to 2 million missed LODNA collections in California alone.

If you are a law enforcement professional seeking additional information on conducting a LODNA program, applying for a federal grant, or clearing cases using DNA, please do not hesitate to contact me for further resources.

Acknowledgements

I want to thank Dr. Angela Williamson and Dr. Rachel Lovell for their review of this article. Their expertise and dedication have been instrumental in shaping the success of SAKI grants, which today stand as the most effective programs for addressing Lawfully Owed DNA.

References

1. Levatino, T. (2025). Police1.com. The DNA failure that’s letting predators slip through the cracks. Police1.com.

2. Federal Bureau of Investigation (2025, May 6). CODIS-NDIS statistics-LE.

3. Dissel, R. (2009, November 17). Cleveland woman says she fought, fled Anthony Sowell in 2008 attack, but authorities didn’t believe her. Cleveland.com

4. Dissell, R. (2017, April 28). Serial rapist and murderer Larry McGowan tells victims, family, ‘I was a monster.’ Cleveland.com

5. The University of Queensland (n.d.). Catching Serial Killers.

6. SAKI Sexual Assault Kit Initiative (n.d.). National Sexual Assault Kit Initiative (SAKI).

7. Wade, L. (2023). Lindsey Wade. Lindseywade.org

8. Cleveland State University (2025). Rachel E. Lovell, PhD

9. Lovell, R. (2022). Detailing the process of identifying the outcomes of efforts to address lawfully “owed” DNA.

10. Prison Policy Initiative (2025, May 6). Reentry and recidivism.

11. WKYC Studios (2025). Cleveland paying $1 million to 6 families of Anthony Sowell victims.

12. SAKI: Sexual Assault Kit Initiative (2025). Sakitta.org/sakisites

13. California Attorney General (2025, February 11)-Archived. BFS DNA frequently asked questions.