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Our only agenda is to publish the truth so you can be an informed participant in democracy. We need your help. More Info ### I would like to contribute One Time Monthly Yearly Join Now ![](\\" ![](\\" Eric Toney stated on April 14, 2022 in News release: The state crime lab under Attorney General Josh Kaul \"is testing significantly less items than former AG Brad Schimel and is still taking longer to test many categories of key items in comparison to Schimel, including DNA.\" ![\\"true\\"](\\" true/3d4df195c595a07e3fd69b5e4aab3e3c.jpg.\\") ![\\"true\\"](\\" true.jpg\\") * Criminal Justice * Legal Issues * Crime * Wisconsin * Eric Toney ![\\"\(Associated](\\" (Associated Press) By D.L. Davis May 10, 2022 # State Crime Lab doing less testing and generally taking longer than under previous AG #### If Your Time is short * In 2018, Schimel’s last year, the crime lab took 12,680 cases. In 2021, under Kaul, that fell to 9,297 cases – a nearly 31% drop. * In 6 of the 10 categories tracked, turnaround time was faster in 2018 under Republican Brad Schimel than in 2021 under Democrat Josh Kaul. * But the picture is not as clear-cut as Toney makes it, in that Kaul’s office fares better in four categories. See the sources for this fact-check Delays at the state crime lab have been a front-burner issue every election cycle, including in 2018, when Democrat Josh Kaul won the attorney general’s job on promises to clear a backlog of DNA samples in sexual assault cases. Now, just as Kaul skewered then-Attorney General Brad Schimel, a Republican, one of the Republican candidates hoping to face Kaul in November 2022 is saying Kaul \"is trying to bury his abysmal failure of mismanaging the crime lab.\" In an April 14 , 2022, news release, Fond du Lac County District Attorney Eric Toney went on to claim that Kaul \"is testing significantly less items than former AG Brad Schimel and is still taking longer to test many categories of key items in comparison to Schimel, including DNA.\" Is he right? Cases and turnaround times When asked for data to support his claim, Toney directed PolitiFact Wisconsin to an annual report from Kaul’s own Department of Justice. We should note that while it’s commonly referred to as the State Crime Lab, there are actually three labs where testing is done – Madison, Milwaukee and Wausau. For our purposes here, we will group them all together. When looking at overall cases, in 2018, Schimel’s last year, the crime lab took 12,680 cases. In 2021, under Kaul that fell to 9,297 cases – a more than 30% drop. So Toney is right that Kaul \"is testing significantly less items than former AG Brad Schimel.\" What about turnaround times? According to the labs’ 2021 annual report, in the 10 categories analyzed, turnaround took more time in six of them under Kaul than under Schimel. Let’s start with DNA, since that is what Toney emphasized in his claim. The report actually breaks down DNA in two areas. DNA analysis involves analyzing and interpreting samples, and comparing them to others. The DNA databank category involves receiving, verifying and analyzing a repository of reference samples. Before we get started, there is an important nuance to note on the intake and output figures. The output figure can be higher than the input figure, and vice versa, since a sample may come in late one year and not be completed until the next year. In both DNA areas, under Kaul the crime lab is handling fewer cases and taking longer with them. In the DNA analysis category, in 2018 the lab had a case intake of 8,626, case output of 5,664 and median turnaround time was 50 days. In 2021, case intake was 3,612, case output was 3,526 and median turnaround was 115 days – more than double. In the DNA databank category, in 2018 sample intake was 29,900 and turnaround time was 24 days. In 2021 sample intake was 20,736 and median turnaround time was 41 days. Here are the other five areas where the lab is lagging 2018 numbers: In the Automated Fingerprint Identification System (AFIS) category, the quality control figure was 131,412 in 2018 under Schimel and 83,072 in 2021 under Kaul. The system performs comparative analysis of submitted fingerprints, including conducting database searches and provides technical and analytical support to state and federal agencies. According to the DOJ, this is the check an analyst has to do any time a set of fingerprints is submitted. Analysts check to make sure they’re putting quality prints in the database – that is, ones not smudged or less readable. \"If someone has prints submitted multiple times, even decades apart, our analysts review both sets and retain the clearest version of each finger,\" said Gillian Drummond, the DOJ spokeswoman. #### Featured Fact-check ![](\\" ![](\\" TikTok posts stated on September 18, 2024 in a TikTok video “Attorney General Merrick Garland just vetoed charging Ryan Routh with attempted assassination” of Donald Trump. ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Jeff Cercone • September 20, 2024 In the controlled substances category, in 2018 case intake was 5,283, case output was 5,422 and median turnaround time was 35 days. In 2021, case intake was 4,430, output was 3,522 and median turnaround time was 49 days. In firearms, in 2018 case intake was 446, output was 419 with median turnaround time of 87 days. In 2021, case intake was 437, output was 399 and median turnaround time was 104 days. In toxicology, in 2018 case intake was 3,897, output was 4,051 and median turnaround was 23 days; in 2021 case intake was 4,073, output was 4,078 with median turnaround time of 27 days. In forensic imaging, in 2018 case intake was 62, output was 59 and median turnaround time was 25 days. In 2021, case intake was 84, output was 71 and median turnaround was 55 days. So, on those six areas, there generally were fewer cases handled and the median time to complete them was longer, sometimes considerably so. And Toney’s claim was a narrow one – not that turnaround was up in all categories, but in \"many\" categories. That said, it’s worth noting Kaul did have a better showing in turnaround time in some areas: For instance, the median turnaround time in the latent prints category was 43 days in 2021, compared to 139 in 2018, under Schimel. In trace evidence, it was 29 days, compared to 58. Additionally, in the footwear category, Kaul’s median turnaround was 11 days, compared to 134 under Schimel. And in crime scene responses, Kaul did better, with 155 responses to Schimel’s 122. Coronavirus impact The arrival of the pandemic and its effect on daily lives and workplaces nationwide also had an effect at the Wisconsin Department of Justice. In its 2021 report, the Department of Justice noted that COVID-19 created various \"challenges\" for the agency, affecting its work flow and, in some cases, the ability of staff members to work from home. For instance, according to department spokeswoman Gillian Drummond, social- distance requirements meant staggered shifts and were tough to address in Milwaukee and Wausau, due to space issues. \"Further, following court closures in 2020, there was a spike in jury trials in 2021, increasing the amount of time staff were away from laboratory benchwork in order to testify,\" the agency report said. \"These consequences of the pandemic impacted case queues and, in turn, turnaround times.\" For his part, in an email to PolitiFact Wisconsin, Toney argued \"the private sector, first responders, prosecutors, and court staff across Wisconsin juggled staffing and Covid issues and found ways to be in person throughout 2021, often in cramped settings.\" Both sides make fair points here – even if Kaul’s office may be being selective, in that the COVID conditions they blame for some delays did not seem to hamper other areas, where timeliness improved. Our ruling Toney claimed the state crime lab under Kaul \"is testing significantly less items than former AG Brad Schimel and is still taking longer to test many categories of key items in comparison to Schimel, including DNA.\" Reports from the Department of Justice show that overall cases are down from 2018, Schimel’s last year at the helm, and 2021 under Kaul. What’s more, in six of 10 categories monitored, including the vital DNA category, the median processing time is up under Kaul, sometimes dramatically so. And while the lab under Kaul improved in some areas, Toney’s claim was limited in scope – to \"many categories.\" We feel he met that mark, and rate his claim True. #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources WisPolitics.com, \"Toney campaign: Josh Kaul’s abysmal crime lab failures,\" April 14, 2022 Wisconsin Department of Justice \"2021 Annual Report,\" April 14, 2022 Wisconsin Department of Justice \"2020 Annual Report, April 15, 2021 Email, Eric Toney, April 29, 2022 Email and phone conversation, Gillian Drummond, April 27, 2022 ## Browse the Truth-O-Meter ### More by D.L. Davis ![](\\" ![](\\" Robert Cowles stated on July 12, 2024 in Radio address: “The most recent State Budget increased funding for the Department of Tourism by 98 percent.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • September 16, 2024 ![](\\" ![](\\" Joe Biden stated on May 16, 2024 in News release: \"The Trump administration handed out taxpayer dollars to a foreign company. Hundreds of homes and farms were bulldozed, and over $500 million in taxpayer dollars were wasted preparing for Foxconn.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By D.L. Davis • July 13, 2024 ![](\\" ![](\\" Ron Johnson stated on April 15, 2024 in Podcast: \"Every Senate Democrat has voted to support unlimited abortions up to the moment of birth.” ![\\"false\\"](\\" ![\\"false\\"](\\" By D.L. Davis • May 17, 2024 ![](\\" ![](\\" Lisa Subeck stated on February 16, 2024 in X, formerly Twitter: “The United States is an outlier, one of only about half a dozen countries, without any guarantee of paid leave for new parents and/or other health care needs.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • April 16, 2024 ![](\\" new/e5f81dc43ebbfab7c9d9b56cfba2f398.jpg\\") ![](\\" new/9fbc38bd9f4148c4e7374ecdd8d95da4.jpg\\") Tammy Baldwin stated on February 1, 2024 in Facebook post: “Big drug companies charge as little as $7 for an inhaler overseas and nearly $500 for the exact same one here in the US.” ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • February 23, 2024 ![](\\" ![](\\" Robin Vos stated on January 7, 2024 in TV interview: “The law in Wisconsin (on abortion time limit) is 20 weeks. That is way outside the international bounds.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • February 9, 2024 ![](\\" ![](\\" Cindi Duchow stated on November 9, 2023 in Wisconsin Assembly: \"Unfortunately during COVID, the clerks in Madison and Milwaukee told their constituents that they were actually indefinitely confined and did not have to come and vote, which was incorrect.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • January 26, 2024 ![](\\" ![](\\" Ron Tusler stated on September 12, 2023 in X, formerly Twitter: Wisconsin Republicans are backing “a nonpartisan redistricting plan based off the Iowa Model. ... Republicans, Democrats, and the Governor pushed this plan last time redistricting happened in 2020.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By D.L. Davis • December 8, 2023 ![](\\" ![](\\" Rebecca Cooke stated on September 1, 2023 in X, formerly Twitter: \"Derrick Van Orden is one of the only members of Congress who participated in the deadly January 6th insurrection. He now serves in the building he tried to burn down.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • October 11, 2023 ![](\\" ![](\\" LaKeshia Myers stated on June 6, 2023 in News release: During the spring 2020 election in Milwaukee, a reduction to only five polling locations “came days before the election and was done without proper notice to voters.” ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • September 8, 2023 ![](\\" ![](\\" Kelda Helen Roys stated on April 26, 2023 in Twitter: Infertility is treated differently than other issues and \"often excluded from insurance coverage\" ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • May 26, 2023 ![](\\" ![](\\" Robin Vos stated on March 9, 2023 in Podcast: “When a basketball player or football or baseball player from another team plays in Wisconsin, that one game\'s salary, they pay Wisconsin income tax on it. ... So, if for some reason we do not have the Brewers in Wisconsin all of those player salaries that generate dollars for the State of Wisconsin go away.\" ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • May 12, 2023 ![](\\" ![](\\" Paul Ryan stated on February 23, 2023 in TV interview: \"WOW county swing suburban voters (in Wisconsin) don\'t vote for Donald Trump.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • April 18, 2023 ![](\\" ![](\\" Tony Evers stated on March 8, 2023 in Twitter: The money for upgrades to the Milwaukee Brewers stadium in Evers’ budget is \"a bipartisan plan.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • March 28, 2023 ![](\\" ![](\\" Joan Ballweg stated on January 24, 2023 in Twitter: \"Wisconsin has seen over 63 billion dollars of federal pandemic-related funding funnel into our state over (Gov. Tony Evers\') tenure.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • March 14, 2023 ### State Crime Lab doing less testing and generally taking longer than under previous AG * ![](\\" ![](\\" Viral image stated on September 30, 2024 in a Threads post: Image shows a photo of former President Donald Trump wading through floodwater after Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 2, 2024 * ![](\\" ![](\\" Donald Trump stated on September 29, 2024 in a rally in Erie, PA: Kamala Harris \"let in the 13,099 convicted murderers and opposes all efforts to find them and to remove them.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Marta Campabadal Graus • October 2, 2024 * ![](\\" ![](\\" Facebook posts stated on September 25, 2024 in a Facebook post: “Georgia coach Kirby Smart\'s family ends relationship with Taylor Swift: ‘We do not support her endorsement.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 1, 2024 * ![](\\" ![](\\" Viral image stated on September 20, 2024 in a Facebook post: “TD Jakes MYSTERIOUSLY VANISHES: The search for the renowned bishop begins!” ![\\"false\\"](\\" ![\\"false\\"](\\" By Ciara O\'Rourke • October 1, 2024 * ![](\\" ![](\\" X posts stated on September 29, 2024 in X posts: A biolab caught fire in Georgia right before the 2024 election. ![\\"false\\"](\\" ![\\"false\\"](\\" By Sofia Ahmed • October 1, 2024 * ![](\\" ![](\\" Donald Trump stated on September 29, 2024 in a rally in Erie, Pennsylvania: Vice President Kamala Harris “even wants to legalize fentanyl.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Amy Sherman • October 1, 2024 * ![](\\" ![](\\" House Majority PAC stated on September 9, 2024 in a television ad: Laurie Buckhout is “trying to get to Congress to pass a national abortion ban, allowing politicians to ban abortions with no exceptions and prosecute women if they get an abortion, treating women right here like criminals.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Paul Specht • October 1, 2024 * ![](\\" ![](\\" Donald Trump Jr. stated on September 9, 2024 in a post: “Less than three months ago, Kamala Harris and her administration blocked 300,000 unvetted Haitian migrants from being deported out of our country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Kwasi Gyamfi Asiedu • September 30, 2024 * ![](\\" ![](\\" X posts stated on September 30, 2024 in an X post: Photo shows President Joe Biden lounging on the beach \"while towns all over America were being wiped out” by Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Samantha Putterman • September 30, 2024 * ![](\\" ![](\\" Social Media stated on September 30, 2024 in in social media posts: “Biden Announces: ‘2.4 billion more to Ukraine’ but ‘no more aid for Hurricane Helene.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 30, 2024 Load more ### Support independent fact-checking. 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The state crime lab under Attorney General Josh Kaul is testing significantly less items than former AG Brad Schimel and is still taking longer to test many categories of key items in comparison to Schimel including DNA