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FBI dismisses findings as meaningless, scrambles into damage control

DNA evidence presented in criminal trials is often considered infallible, with prosecutors lauding a genetic match as a “forensic gold standard” – certainty that, according to the FBI, has a 1 in 113 billion chance of being wrong. New findings, however, recently unearthed and made public by San Francisco lawyer Bicka Barlow are placing that certainty under threat after state-wide searches found “dozens” of unique DNA pairs that matched according to the government’s criteria.

Barlow points to the findings of little-known Arizona state crime lab analyst Kathryn Troyer, after tests she ran found a pair of genetic profiles that matched, according to state standards. The convicts that her system matched were very much unrelated, however: one felon was white, and the other was black.

Neither state databases, nor the FBI national DNA database called CODIS, keep complete records of a person’s DNA. Instead, databases store a tiny slice of a person’s genetic map – data on 13 specific locations, or loci, along a sample’s (blood, hair, etc.) chromosomes. In the recent past, DNA samples are considered a match when at least 9 out of the 13 loci are found to be identical, however many states now insist on a complete, 13-for-13 match instead. (A lower standard is still applied in cases of damaged, contaminated, or old crime scene evidence.)

Intrigued about her discovery, Troyer and her colleagues ran additional tests and published their findings in “a simple poster” at a national conference of DNA analysts. A handful of attendees said they saw similar findings in their own labs.

Barlow stumbled across the poster three years later, while conducting research for a client accused of 20-year-old charges of rape and murder. Her client was caught by a nine-loci match of his DNA profile and semen found on the victim’s body.

After speaking with Troyer, Barlow obtained a court order to run a radical new search on Arizona’s DNA database, one that would compare every DNA profile stored against every other DNA profile. The results were astonishing: in a database of 65,000 felons, Arizona’s system found nine-loci matches between 122 pairs of profiles. 20 pairs of profiles shared 10 loci, and one pair match at both 11 and 12 loci.

While many of those matches could be explained away – felons in the 11 and 12 loci matches were later determined to be relatives – a heavy majority of DNA matches had no explanation.

Troyer’s findings have the potential to turn the criminal justice system upside-down, bombarding courts with requests to have the supposedly “infallible” DNA evidence reexamined.

The FBI continues to assert the accuracy of its claims, and calls Troyer’s findings the result of an unorthodox, unauthorized style of search. Normal criminal cases do not seek to compare masses of records against each other, and the odds of a false match in the FBI’s permitted check-one-sample-against-the-database search are still in the billions.

Troyer’s findings and Barlow’s insistence have since resulted in requests to run a similar, “Arizona-style” search against CODIS, as well as numerous other states’ internal DNA databases. In many cases, state DNA databases are linked to CODIS.

CODIS head Thomas Callaghan condemned Troyer’s findings as “misleading” and “meaningless,” and the FBI’s national crime lab has threatened to cut off states’ access to CODIS for if they run similar searches – even if they are court-ordered – against it. A massive search against CODIS could have a variety of ill effects, he argued, including knocking the database offline, overloading the FBI’s systems, or data corruption.

Despite FBI resistance, both Maryland and Illinois judges ordered an “Arizona-style” search on their state DNA databases, together adding another 1,000 nine-loci-or-more matches to the pot. Neither state saw their CODIS access cut, nor did they experience any kind of downtime.

In Maryland’s case, a search conducted in January 2007 against a database of 30,000 profiles yielded three “perfect” matches – 13 of 13 loci found identical. Experts say the matches are probably duplicates, or that they belong to identical twins or brothers. The odds of matching two unrelated people, they say, is 1 in 1 quadrillion. The state of Maryland never investigated further.

“DNA is terrific and nobody doubts it, but because it is so powerful, any chinks in its armor ought to be made as salient and clear as possible so jurors will not be overwhelmed by the seeming certainty of it,” said UC Hastings College of the Law David Faigman, who specializes in scientific evidence.

Speaking in a recent phone interview that the Los Angeles Times described as “cautious” and supervised by her superiors, Troyer said she originally saw her findings as “interesting,” and simply “wanted people to understand [that a false positive] can happen.”

“If you’re going to search at nine loci,” said Phoenix lab director Todd Griffith, “you need to be aware of what it means … it’s not necessarily absolutely the guy.”



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Reasonable doubt
By Biodude on 7/22/2008 9:11:14 AM , Rating: 3
This is of course, where the word reasonable comes in. If you poll everybody in the world, of course you are going to find matches. That doesn't mean that finding a match among a group of, say, four suspects meant that there would be reasonable doubt as to it's effectiveness. To quote another part of that article:
quote:
In a database search for a criminal case, a crime scene sample would have been compared to every profile in the database -- about 65,000 comparisons. But Troyer compared all 65,000 profiles in Arizona's database to each other, resulting in about 2 billion comparisons. Each comparison made it more likely she would find a match.
When this "database effect" was considered, about 100 of the 144 matches Troyer had found were to be expected statistically, Myers found.

Troyer's search also looked for matches at any of 13 genetic locations, while in a real criminal case the analyst would look for a particular profile -- making a match far less likely.

Further, any nonmatching markers would immediately rule out a suspect. In the case of the black and white men who matched at nine loci, the four loci that differed -- if available from crime scene evidence -- would have ensured that the wrong man was not implicated.


The lawyers will make a hullabaloo about this, and the non-scientific jurors will be astonished, but the scientific of us will just yawn, and shake our heads.




RE: Reasonable doubt
By Polynikes on 7/22/2008 10:05:31 AM , Rating: 2
I don't think so. What if someone is arrested for a crime and their DNA evidence is taken to be compared to evidence at a crime? There's the potential for a false positive. We cannot allow this to happen. How would you feel if you were the one who got the false positive? Does that seem reasonable to you? Something needs to change in the system to make the DNA evidence more accurate. Even if it is a one in a billion chance, it could mean life and death for an innocent person. I don't care if it means taking new DNA evidence from every person we've ever taken it from in the past. To be honest, that would probably be easier than a round of thousands and thousands of appeals.


RE: Reasonable doubt
By TOAOCyrus on 7/22/2008 11:14:18 AM , Rating: 3
Um its still more convincing then anything other then a confession. Even eyewitness accounts are more unreliable.


RE: Reasonable doubt
By TOAOCyrus on 7/22/2008 11:15:48 AM , Rating: 4
Also remember the criteria is "beyond reasonable doubt" not "beyond all doubt". Otherwise you would never get a conviction.


RE: Reasonable doubt
By Oregonian2 on 7/22/2008 5:52:03 PM , Rating: 3
Yup, even videotaped evidence in combination with DNA testing and full close up witnesses are subject to error with deeds actually being done by an unknown identical evil twin that was separated at birth. Not to speak of the non zero possibility of someone identical-looking from another space-time continuum doing the deed then escaping back. Indeed, there is always some doubt even if very very nearly none.


RE: Reasonable doubt
By GaryJohnson on 7/23/2008 11:32:09 PM , Rating: 3
quote:
...of someone identical-looking from another space-time continuum...

They all have goatees, so they wouldn't be identical-looking.


RE: Reasonable doubt
By mindless1 on 7/23/2008 3:05:56 PM , Rating: 2
You've never heard of people confessing to something they didn't do? It's not even uncommon outside the 1st world countries.


RE: Reasonable doubt
By Biodude on 7/22/2008 11:19:07 AM , Rating: 2
I know there is a lot of emotion in this, so lets think clearly. If my DNA, along with say four other suspects, was taken in a crime and all 13 of my loci matched the crime DNA, and the profile was the same, I would be guilty. We cannot prove, beyond all doubt, that anyone has committed any crime, it's just not possible. I'm more than happy to live with chances between million and billions. Maybe you are not, but, no offense, I hope you don't serve on a jury either.


RE: Reasonable doubt
By Polynikes on 7/22/2008 11:43:37 AM , Rating: 2
At the very least, they need to ALWAYS use the 13 loci method from here on out, which had less false positives.

But on the topic of reasonable doubt, why not go for ALL doubt if it is indeed possible? Everyone's DNA is unique, right? So if you compare enough of it there's no reason there should ever be false positives. Just because the law says "beyond a reasonable doubt" doesn't mean that's the highest standard that has to be used.


RE: Reasonable doubt
By Biodude on 7/22/2008 11:55:03 AM , Rating: 2
Very true, you could go to a higher standard. An I have no doubt that things like this will cause law enforcement to go that direction. Personally, in most cases, I don't think it would be necessary. The real problem lies in that DNA testing isn't like it is on CSI. Results don't pop out of a machine minutes after the DNA is stuck into the vial. It takes days, or weeks if the DNA is scarce enough, to get good results, and that's just for the loci testing. It's just the state of the art right now that full profiles would take much more time and money, something I'm sure your average police department would hate to dip into if there was an easier, and equally effective, way of doing things. Before you know it I'm sure there will be a B&L DNA Sequencer 5000 on the market that will tell you a full DNA profile in minutes, ala GATTACA, but it's just not here yet.


RE: Reasonable doubt
By rudy on 7/22/2008 12:05:19 PM , Rating: 2
Because you can frame someone by placing their DNA at the scene you would still have doubt in all cases. There is also no such thing as removing all doubt. It is possible that you had an identical twin brother you never knew about and no one ever told you about and even your mother lies about and that twin brother killed your wife by accident in the middle of your messy divorce. This introduces doubt simply by fabricating a ridiculous story, however it is not reasonable doubt. You killed your wife and the imaginary brother did not exist so you go to jail.

This is where the 9 loci come in. If everything else lines up, and you only need a DNA match to seal the deal and your sample is damaged it may be you only get 9 hits. But realistically this is the guy and now under your system you cannot nail him? When cost come down and methods get better we may do a complete SNP profile for every case and pull the odds to 1 in trillions. But for right now I think the evidence should be taken into account based on the other factors in the case. If nothing lines up and all you have is DNA then you should need 13 or more loci to match and a fairly reasonable explaination for why the defendant is not truthful. However if the guy was seen at the site had known motive and owned the gun and you can only get 9 loci to match i think that is fine. Cause odds he did not do it are unreasonable.


RE: Reasonable doubt
By RedStar on 7/22/2008 6:24:53 PM , Rating: 1
what if you handle something in a store that is later used in a murder ..or is at the scene of a murder.

What if it becomes mandatory for every citizen to provide DNA so it can be screened for criminal activity.

The such searches, as noted in the article, would become common.

the potential for mistakes would increase dramatically.

Well, unless you are in california where the dna handling has already seen to be atrocious.


RE: Reasonable doubt
By Alexstarfire on 7/22/2008 10:21:45 PM , Rating: 2
Since we aren't even nearly that close I think it's safe to say that it isn't a problem yet. Even if we did have everyone, I think they'd know something was up if it said a guy from NY was in Missouri and killed someone. It's not like DNA evidence overrules everything else they find. If you had DNA that matched guys in NY, GA, and FL and 2 of the 3 weren't in FL where the killing occurred but the third guy lives 2 blocks away and had a dispute with the victim, then I think you still removed reasonable doubt that one of the other 2 people was actually the killer.


RE: Reasonable doubt
By mmatis on 7/22/08, Rating: 0
RE: Reasonable doubt
By Icelight on 7/23/2008 11:35:38 AM , Rating: 2
quote:
It is possible that you had an identical twin brother you never knew about and no one ever told you about and even your mother lies about and that twin brother killed your wife by accident in the middle of your messy divorce. This introduces doubt simply by fabricating a ridiculous story, however it is not reasonable doubt. You killed your wife and the imaginary brother did not exist so you go to jail.


I smell a new Hollywood blockbuster!


RE: Reasonable doubt
By masher2 (blog) on 7/22/2008 12:08:50 PM , Rating: 2
> "Everyone's DNA is unique, right? So if you compare enough of it there's no reason there should ever be false positives"

While we can probably do better than a 13-loci test, it just isn't practical to compare 'all' of a person's DNA. There's just far too many base pairs.