Transcript Slide 1

FORENSIC BIOLOGY AND
COURT
ICITAP Senior Forensic Advisor Ted Smith
Ted Smith - CV
Education
Graduate :
ICITAP Senior Forensic Advisor
Mexico, Merida Initiative
December 2009 – Present
Iraq, Ministry of Interior Forensic Program
September 2007 – July 2009
Marshall University,
School of Medicine,
Huntington, WV 1999
Marshall University Forensic Science Center
Forensic Science/DNA
Analysis
West Virginia State Police
Undergraduate:
Marshall University
College of Science,
Huntington, WV, 1978
Biological Sciences
WV State Police
Academy, Institute, WV
1986
Special Project Manager
January 2010-Present
Director Forensic Laboratory
Quality Assurance Manager
Supervisor DNA Laboratory
Bench Scientist
March 2002 - September 2007
June 2001 - March 2002
July 1989- June 2001
October 1985 - July 1989
Marshall University College of Science
Adjunct Professor
ISC 205 Intro Forensic Science
IST 445 DNA Forensics
IST 482 DNA Applications
2000 – 2007
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.
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 1987. 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.
http://projects.nfstc.org/otc/espanol/module1/1.1.001.htm
Sensitivity of DNA Analysis
Critical Factors….#1
1.4.1.4 (E)
Sensitivity of DNA Analysis
IS EVIDENCE
PROTECTED FROM
Any
LOSS,
CROSS TRANSFER,
CONTAMINATION,
AND /OR
DELETERIOUS CHANGE?
ASCLD/LAB
cellular material can be
used as a source of DNA.
Age
of evidence is not
important!
Critical Factors…. #2
1.4.1.1 (E)
Chain of Custody
DOES THE LABORATORY
HAVE A WRITTEN OR
SECURE ELECTRONIC
CHAIN OF CUSTODY
RECORD WITH ALL
NECESSARY DATA
WHICHPROVIDES FOR
COMPLETE TRACKING OF
ALL EVIDENCE?
Demonstrate the integrity of the
evidence from scene to court.
ASCLD/LAB
Critical Factors….#3
1.4.2.16 (E)
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?
Wild & Wonderful WV
The Huntington Shopping Mall
Incidents at the Huntington Mall

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.
Year -1987
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.
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 203
to 335 years in prison, to be served
consecutively.
Evidence Testing - West Virginia
“Huntington Mall” Case
Evidence 1

ABOB,O
PGM
GLO 1
Secretor

Woodall



Victim 1
O
2+,1+
2-1
Yes
B
2+
2-1,
Secretor
Victim 2
O
1+
1
Yes
Evidence 2
B,O
2+12-1
Yes
2+12-1
Yes
Evidence to Alabama and Maryland
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.”
WV State v. Woodall
On July 6, 1989,
the West Virginia
Supreme Court of
Appeals affirmed
Woodall's
conviction.

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).
(385 S.E.2d 253).
Forensic Science Associates (FSA) - CA
DQα Results Exonerate Woodall
Sample
DQα
Woodall's reference
2, 3
Underpants of victim 2
3, 4 (sperm)
Underpants of victim 2
1.2, 3
Denim skirt of victim 1
3, 4 (sperm)
Denim skirt of victim 1
1.2, 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!
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
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)
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 (100-44 B.C.)
Center for Blood Research (CBR) - MA
for Blood
Research
CenterCenter
for Blood
Research
(CBR) - MA
CBR
conducted
RFLP &
DQα
analyses and
eliminated
three
potential
donors as
sources of the
sperm.
RFLP
DQα
Broward County Sheriff’s Office - FL
WV State v. Woodall - 1992
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.
Evidence Returns to Court in WV - 1992
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
Remember - Critical Factor….#3
1.4.2.16 (E)
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?
Reluctance to Accept
DNA Identifications
“…lawenforcement
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
Evidence Remains with Court Until 2007
Remember - Critical Factor….#1
Sensitivity of DNA Analysis
1.4.1.4 (E)
IS EVIDENCE
PROTECTED FROM
LOSS,
CROSS TRANSFER,
CONTAMINATION,
AND /OR
DELETERIOUS CHANGE?
ASCLD/LAB

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.
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."
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
Remember - Critical Factor…. #2
1.4.1.1 (E)
Chain of Custody
DOES THE LABORATORY
HAVE A WRITTEN OR
SECURE ELECTRONIC
CHAIN OF CUSTODY
RECORD WITH ALL
NECESSARY DATA
WHICHPROVIDES FOR
COMPLETE TRACKING OF
ALL EVIDENCE?
Demonstrate the integrity of the
evidence from scene to court.
ASCLD/LAB
Evidence Chain of Custody
March 30, 2011
Forensic expert
testifies during
the second day
of the Huntington
Mall rape case
trial on
Wednesday,
March 30,
2011, at the
Cabell County
Courthouse in
Huntington.
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
380 years for the remaining
counts of sexual assault and
sexual abuse.
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.
Critical Factors - Summary

THE FBI QUALITY ASSURANCE STANDARDS
AUDIT FOR
FORENSIC DNA TESTING LABORATORIES
IN ACCORDANCE WITH



Sensitivity of DNA Analysis
Chain of Custody
Acceptance of the DNA Tool
Laboratory Practice
THE QUALITY ASSURANCE STANDARDS
FOR

FORENSIC DNA TESTING LABORATORIES
EFFECTIVE SEPTEMBER 1, 2011

An Audit of: ______________
Dates of Audit: ____________
Auditor(s):
_______________

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.
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
Forensic Biology and Court
¿ PREGUNTAS?