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Forensic Biology And Court

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1 Forensic Biology And Court
ICITAP Senior Forensic Advisor Ted Smith

2 Ted Smith - CV ICITAP Senior Forensic Advisor
Education Graduate : Marshall University, School of Medicine, Huntington, WV 1999 Forensic Science/DNA Analysis Undergraduate: Marshall University College of Science, Huntington, WV, 1978 Biological Sciences  WV State Police Academy, Institute, WV ICITAP Senior Forensic Advisor Mexico, Merida Initiative December 2009 – Present Iraq, Ministry of Interior Forensic Program September 2007 – July 2009 Marshall University Forensic Science Center Special Project Manager January 2010-Present West Virginia State Police Director Forensic Laboratory March September 2007 Quality Assurance Manager June March 2002 Supervisor DNA Laboratory July June 2001 Bench Scientist October July 1989 Marshall University College of Science Adjunct Professor – 2007 ISC 205 Intro Forensic Science IST 445 DNA Forensics IST 482 DNA Applications Worked technically as a forensic biologist for twenty-three years and have examined and analyzed evidence for thousands of biology cases. During my tenure as a forensic biologist implemented, developed, equipped, and supervised the WVSP DNA analysis laboratory; served as the first WVSP CODIS Databank Administrator and DNA Technical Leader; served as the WVSP Laboratory’s initial Quality Manager; and was its Director from 3130 Genetic Analyzer, capillary based DNA analysis system (2006) PowerPlexY, fluorescent/capillary based-DNA analysis system (2006) YPlex6, fluorescent/gel based-DNA analysis system (2002) PowerPlex16, fluorescent/gel based-DNA analysis system (2001) AmpFlSTR Profiler Plus, fluorescent/gel based-DNA analysis system (1998) 377 Gene Analyzer, gel based DNA analysis system (1998) Geneprint STR System FFV, silver staining/gel PCR-based DNA analysis system (1996) Geneprint STR System CTT, silver staining/gel PCR-based DNA analysis system (1996) AmpliFLP D1S80, silver staining/gel PCR-based DNA analysis system (1994) AmpliType HLA-DQα, dot blot PCR-based DNA analysis system (1993) Hae III RFLP DNA analysis system, probes D2S44, D13S14, D4S139, and D1S7; (1992)

3 DNA Identification Perhaps the most significant advance in criminal investigation since the advent of fingerprint identification is the use of DNA technology to help convict criminals or eliminate persons as suspects.

4 Use of DNA Evidence Since 1987, DNA analysis has been used in tens of thousands of cases that resulted in conviction. El ADN se introdujo por primera vez como prueba en el sistema judicial de los Estados Unidos en La tecnología de ADN se ha convertido en una herramienta forense cada vez más poderosa para identificar o eliminar a las personas como autores de un delito cuando en el escenario del delito se dejan pruebas biológicas como saliva, tejidos, sangre, pelo o semen. Fuera del tribunal, el ADN puede dar importantes pistas de investigación para resolver problemas de identificación humana.

5 Sensitivity of DNA Analysis

6 Critical Factors….#1 Sensitivity of DNA Analysis
IS EVIDENCE PROTECTED FROM LOSS, CROSS TRANSFER, CONTAMINATION, AND /OR DELETERIOUS CHANGE? ASCLD/LAB Sensitivity of DNA Analysis Any cellular material can be used as a source of DNA. Age of evidence is not important!

7 Critical Factors…. #2 Chain of Custody
(E) DOES THE LABORATORY HAVE A WRITTEN OR SECURE ELECTRONIC CHAIN OF CUSTODY RECORD WITH ALL NECESSARY DATA WHICHPROVIDES FOR COMPLETE TRACKING OF ALL EVIDENCE? ASCLD/LAB Chain of Custody Demonstrate the integrity of the evidence from scene to court.

8 Critical Factors….#3 DNA Tool Ignored Crimes go unsolved.
ARE CONCLUSIONS AND OPINIONS IN REPORTS SUPPORTED BY DATA AVAILABLE IN THE CASE RECORD, AND ARE THE EXAMINATION DOCUMENTS SUFFICIENTLY DETAILED SUCH THAT, IN THE ABSENCE OF THE EXAMINER(S), ANOTHER COMPETENT EXAMINER OR SUPERVISOR COULD EVALUATE WHAT WAS DONE AND INTERPRET THE DATA? DNA Tool Ignored Crimes go unsolved. Authorities not following up; they continue to believe that freed defendants are guilty. Exonerated? Time issue!!!

9 Wild & Wonderful WV Almost Heaven!

10 The Huntington Shopping Mall

11 Incidents at the Huntington Mall
Year -1987 Two women, in separate incidents, were abducted at knife point in the mall’s parking lot. Both times the assailant wore a ski mask and forced the victims to close their eyes throughout the attack. In the first instance, the attacker drove around in the woman's car, repeatedly raped her, and stole a gold watch and $5. The victim opened her eyes briefly to note that the assailant wore brown pants and was uncircumcised. In the second case, the man repeatedly raped the woman and stole a gold watch. This woman was able to note the man's boots, jacket, and hair color. She also noted that he was uncircumcised. While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder; we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully and retrieved methodically, or it can be contaminated.

12 Evidence Presented at Trial
Characteristics of body fluid secretions from semen recovered from the evidence were consistent with defendant. A comparison of beard hair from the defendant was reported to be consistent with hair recovered from a victim's car. Partial visual identification of the defendant was made by one of the victims. One victim identified clothing that matched clothing found in the defendant's house. Both victims testified that the assailant was not circumcised, in common with the defendant. A distinctive smell about the assailant was noted by both victims and also was found at the defendant's workplace.

13 WV State v. Woodall On July 8, 1987, a jury found Glen Woodall guilty of first-degree sexual assault of one woman, first-degree sexual abuse of a second woman, kidnapping both women, and aggravated robbery of both women. He was sentenced by the circuit court to two life terms without parole and to to 335 years in prison, to be served consecutively.

14 Evidence Testing - West Virginia

15 “Huntington Mall” Case
Evidence Victim Victim Evidence 2 ABO B,O O O B,O PGM 2+, GLO Secretor Yes Yes Yes Yes Woodall B 2+ 2-1, Secretor

16 Evidence to Alabama and Maryland

17 WV State v. Woodall In Woodall, the West Virginia Supreme Court was the first State high court to rule on the admissibility of DNA evidence. The court accepted DNA testing by the defendant, but inconclusive results failed to exculpate Woodall. DNA rulings have affected all of forensics!!!! Theory and practice are generally accepted among the scientific community. Techniques are generally accepted by the scientific community. Pretrial hearings are required to determine whether the testing laboratory's methodology was substantially in accord with scientific standards and produced reliable results for jury consideration. "...ideally, a defendant should be provided with the actual DNA sample(s) in order to reproduce the results. As a practical matter, this may not be possible because forensic samples are often so small that the entire sample is used in testing. Consequently, access to the data, methodology, and actual results is crucial...for an independent expert review.”

18 WV State v. Woodall On July 6, 1989, the West Virginia Supreme Court of Appeals affirmed Woodall's conviction. (385 S.E.2d 253). Woodall continued to file motions to allow DNA testing of the evidence. He filed several appeal petitions and habeas corpus petitions with both the trial court and with the West Virginia Supreme Court. The Court finally allowed the evidence to be released to the defense for additional DNA testing. This evidence was forwarded to Forensic Science Associates (FSA).

19 Forensic Science Associates (FSA) - CA

20 DQα Results Exonerate Woodall
Sample DQα Woodall's reference 2, 3 Underpants of victim 2 3, 4 (sperm) Underpants of victim , 3 Denim skirt of victim 1 3, 4 (sperm) Denim skirt of victim , 4 Victim 1- reference 1.2, 4 Victim 2 - reference 1.2, 3 Assailant in both cases had the same DQα type and the type did not match Woodall!

21 100%, unequivocally, categorically WRONG
Conventional body fluid identification Body and beard hair from the victim's car. Partial visual identification by a victim Identification of clothing by a victim Uncircumcised Distinctive smell identified by both victims Other investigative circumstances

22 Eyewitness Evidence Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing. Innocence Project 2011 Tests conducted in 1979 have shown an enormous 54% swing from a non-guilty verdict, to that of guilty within the same case simply through the introduction of an eyewitness. (Loftus, 1979) Eyewitness evidence – though technically reliable in its own right – tends to convict innocent individuals in a devastatingly high proportion, estimated at 45%. (Loftus & Ketcham,1991) While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder; we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully and retrieved methodically, or it can be contaminated.

23 If you live long enough, you get accused of things you never did and praised
for virtues you never had. — I.F. Stone, 20th-century American journalist All bad precedents begin as justifiable measures. — Julius Caesar, Roman general, statesman and writer ( B.C.)

24 Center for Blood Research (CBR) - MA
CBR continued conducting RFLP analysis and eliminated three potential donors as sources of the sperm. This was to counter the prosecution's argument that the stains may have come from consensual partners. The RFLP analysis also excluded Woodall, and the State conducted its own DNA test. The State's results also excluded Woodall, as noted in a report of April 23, 1992.

25 Center for Blood Research
Center for Blood Research (CBR) - MA CBR conducted RFLP & DQα analyses and eliminated three potential donors as sources of the sperm. Dr. David Bing Harvard Research Center Woodall and the husband & boyfriend of the victims. RFLP DQα

26 Broward County Sheriff’s Office - FL
The State conducted its own DNA test. The State's results also excluded Woodall, as noted in a report of April 23, 1992. West Virginia moved to dismiss Woodall's indictment on May 4, 1992, and the trial court granted the motion. Woodall served 4 years of his sentence in prison and spent a year under electronic home confinement.

27 WV State v. Woodall As a result of the additional testing, West Virginia moved to dismiss Woodall's indictment on May 4, 1992, and the trial court granted the motion. Woodall served 4 years of his sentence in prison and spent a year under electronic home confinement. Glen Woodall was awarded $1 million USD from West Virginia for his wrongful conviction and false imprisonment.

28 Evidence Returns to Court in WV - 1992

29 1994 WV CODIS System Created
Senate Bill 252 established the West Virginia Combined DNA Index System (CODIS) under the authority of the West Virginia State Police. Creation of the Marshall University Forensic Science Center to do data banking for WVSP

30 Remember - Critical Factor….#3
ARE CONCLUSIONS AND OPINIONS IN REPORTS SUPPORTED BY DATA AVAILABLE IN THE CASE RECORD, AND ARE THE EXAMINATION DOCUMENTS SUFFICIENTLY DETAILED SUCH THAT, IN THE ABSENCE OF THE EXAMINER(S), ANOTHER COMPETENT EXAMINER OR SUPERVISOR COULD EVALUATE WHAT WAS DONE AND INTERPRET THE DATA? DNA Tool Ignored Crimes go unsolved. Authorities not following up; they continue to believe that freed defendants are guilty. Exonerated?

31 Reluctance to Accept DNA Identifications
“…law- enforcement authorities are still struggling-- and in some cases refusing--to fully exploit DNA technology.” The Chicago Tribune examined every case in the U.S. where DNA testing has freed a convicted inmate, focusing on 115 murders and rapes where the release left a crime unsolved. In 18 of those cases, DNA was quickly used to link known suspects to the crime. But in 44 of the remaining 97 cases, or just under half, authorities have not followed up by submitting the genetic profile of the suspected perpetrator to the FBI's national DNA database, NDIS. October 26, 2003

32 Evidence Remains with Court Until 2007
The State conducted its own DNA test. The State's results also excluded Woodall, as noted in a report of April 23, 1992.

33 Remember - Critical Factor….#1
IS EVIDENCE PROTECTED FROM LOSS, CROSS TRANSFER, CONTAMINATION, AND /OR DELETERIOUS CHANGE? ASCLD/LAB Sensitivity of DNA Analysis Age of evidence is not important! BLOOD SEMEN SALIVA HAIR ROOTS BONE TOOTH PULP SKIN TISSUE SWEAT Swabs Clothing Pop cans Chewing gum Cigarette filters Dandruff Ski masks Condoms Hatbands, etc. Evidence was handled by seven laboratories and at least seven scientists and it was handled in court! And it was handled without contamination!

34 2008…..Childs said in prepared statement:
Chris Chiles, Prosecuting Attorney for Cabell County. 2008…..Childs said in prepared statement: "Early this summer we received notification that there was a [national DNA database] CODIS match between the unknown DNA profile from our case with an individual named Donald Good, who is from Kanawha County."

35 Woodall’s Appeal Lawyer
Charleston, WV attorney Lonnie Simmons fought for years to have Woodall's DNA tested at a time when the science surrounding DNA evidence was in its infancy. Reached on Friday, Lonnie Simmons credited police and prosecutors for continuing to work on the case, even decades after the crimes occurred. "It shows the value of science," he said. "With this kind of evidence, you have actual objective facts. And those objective facts can be tested and reviewed by other scientists..” You eliminate some of the problems you have with eyewitness testimony and witnesses' memory. October 22, 2010, Charleston Gazette

36 Remember - Critical Factor…. #2
DOES THE LABORATORY HAVE A WRITTEN OR SECURE ELECTRONIC CHAIN OF CUSTODY RECORD WITH ALL NECESSARY DATA WHICHPROVIDES FOR COMPLETE TRACKING OF ALL EVIDENCE? ASCLD/LAB Chain of Custody Demonstrate the integrity of the evidence from scene to court.

37 Evidence Chain of Custody

38 March 30, 2011 Forensic expert testifies during the second day of the Huntington Mall rape case trial on Wednesday, March 30, , at the Cabell County Courthouse in Huntington.

39 April 1, 2011 The jury found Donald Good guilty on 20 of 22 counts.
Cabell County Circuit Judge Alfred Ferguson sentenced him to two life sentences for each of the kidnapping charges plus 150 to years for the remaining counts of sexual assault and sexual abuse.

40 Use of DNA Evidence According to the FBI, about a third of those named as the primary suspect in rape cases are excluded by DNA evidence. NRC 2, 1966 In the past 25 years, DNA testing has emerged as a revolutionary forensic tool, providing an unprecedented exactitude in identifying and convicting criminals and freeing prisoners convicted of crimes they did not commit, 273 to date. Historically, DNA technology has been used primarily as a prosecutorial weapon rather than an investigative tool, but the REAL promise of DNA evidence lies in its ability to be an investigation tool!! Widespread availability, longevity and sensitivity.

41 Critical Factors - Summary
THE FBI QUALITY ASSURANCE STANDARDS AUDIT FOR FORENSIC DNA TESTING LABORATORIES IN ACCORDANCE WITH THE QUALITY ASSURANCE STANDARDS FOR EFFECTIVE SEPTEMBER 1, 2011 An Audit of: ______________ Dates of Audit: ____________ Auditor(s): _______________ Sensitivity of DNA Analysis Chain of Custody Acceptance of the DNA Tool Laboratory Practice Techniques used are generally accepted by the scientific community. Methods were done accord with scientific standards and produced reliable results for court consideration Access to the data, methodology, and actual results for an independent expert review. Harrison County Case

42 Accreditation Pretrial hearings are required to determine whether the testing laboratory's methodology was substantially in accord with scientific standards and produced reliable results for jury consideration

43 Forensic Biology and Court
PREGUNTAS?


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