DNA from 12,000 convicted felons is missing from the statewide DNA database, according to a memo from the Wisconsin Department of Justice released Wednesday.
The missing DNA samples include that of Walter Ellis, who is suspected of killing seven Milwaukee women.
The DOJ discovered the missing DNA records after Attorney General J.B. Van Hollen conducted an investigation of Ellis' DNA profile.
According to a statement from Van Hollen, Ellis' sample contained fingerprints and DNA from another inmate.
""I think people should have known it was messed up because they had two samples from the same guy and none from Ellis. There was recognition there was a mess-up, but not a recognition we should do something about it,"" John Pray, co-director of the Wisconsin Innocence Project at the UW-Madison Law School, said.
The statement said the DNA Data Bank identified the sample as a duplicate in 2001 but did not take action to collect a correct sample.
Pray said correct DNA samples could have prevented a 2007 murder Ellis is suspected of committing and freed one of his clients who spent 13 years in prison for a crime he did not commit.
""It's astounding and it's important to get those people in [the database], because there's other cases that are hanging in the balance,"" he said.
Eric Peterson, spokesperson for state Sen. Lena Taylor, D-Milwaukee, the chair of the Committee on Judiciary and Corrections, said the Department of Corrections and the DOJ will be brought before the committee for comment.
""I think there's a lot of work to be done both by the Department of Corrections and by the State Crime Lab. One of the major problems in the justice system is that information is not well shared at times across the departments,"" he said.
Pray said there are safeguards to prevent fraudulent sampling, such as the use of identification cards for inmates. He said it is highly unlikely that many of the 12,000 missing DNA samples were caused by fraud, but said it is still ""extremely important"" to fix the database.
Peterson said blame for the missing DNA has yet to be determined.
""I don't want to point fingers to say who exactly is at fault, but someone is at fault, and it had dire consequences,"" Pray said.
State Rep. Leon Young, D-Milwaukee, requested an audit of how the DOC and DOJ handle DNA and other criminal evidence Thursday.
