DNA

Standards and best practices for the collection, preservation, and testing of DNA evidence and for its use at trial, published in 2018.

by Peter Gill, Croatian Medical Journal (2001). This 4-page article describes considerations that must be taken into account with Low Copy number (LCN) DNA, including allele dropout and the possibility of contamination. Low Copy number DNA analysis allows a DNA profile to be obtained from just a few cells.

by Samuel Lindsey etal. Jurimetrics 43 (2003). This article presents what DNA analyses can and cannot reveal and a way to improve judges’ and jurors’ understanding of evidence involving probabilities and statistics.

The NC State Crime Laboratory has posted its DNA Section Audit Reports (1999-2018). If you would like a summary of these audits, with issues that may be relevant to casework highlighted, email Sarah Rackley Olson.

This manual for defense attorneys was written by a group of experienced defense attorneys and DNA experts. Its approach to basic and advanced topics is easy to understand. In addition to explaining the science and techniques of DNA analysis, the manual offers advice on topics such as opening and closing statements, jury selection, and cross examination.

NIST has created this document to explain why DNA mixture interpretation can be so complex and to explain how likelihood ratios and probabilistic genotyping software can assist with interpreting complex mixtures.

by Linda Geddes, New Scientist, August 11, 2010 – gives an explanation of how subjectivity and bias affect DNA analysis. Discusses issues such as partial profiles, allelic drop-out and drop-in, mixtures, and thresholds for analysis.

In Nov. 2017, the Royal Society published this primer to assist the UK judiciary when handling DNA and serology evidence in the courtroom. The primer provides a good introduction to forensic DNA analysis, including a description of different types of DNA mixture interpretation software.

by William C. Thompson, Laurence D. Mueller, and Dan E. Krane. The Champion, Dec. 2012. This article is a must-read for attorneys dealing with cases with DNA evidence. The authors show how subjectivity and bias may play a role in DNA analysis, particularly in cases involving very small amounts of DNA, partial profiles, or mixtures.

by Roland AH van Oorschot etal. Investigative Genetics (2010). In a very accessible way, this article describes issues associated with what is often called “touch DNA.” Topics covered include evidence collection, DNA extraction, amplification, profiling and interpretation of trace DNA samples.

This 2017 guide presents information about DNA forensics in a way that is accessible to both a general audience and legal professionals. It focuses on topics such as the context in which DNA evidence is discovered, DNA databases, statistics, and use of DNA to predict appearance or ancestry.

See pp. 128-133 for the National Research Counsel’s description of the forensic use of Deoxyribonucleic acid

Starting Jan. 1, 2017, forensic labs that participate in the FBI’s National DNA Index System (NDIS) increased the number of genetic markers analyzed from 13 to 20. Analyzing an increased number of genetic markers will make the DNA profiles more compatible with international DNA searches and will decrease the likelihood of a random match of two individuals within the NDIS database.

Author: Bess Stiffelman Esq.

by William C. Thompson, for the Council for Responsible Genetics (2008) – discusses how false incriminations can occur in forensic DNA testing, including coincidental DNA profile matches, accidental transfer of DNA, errors in labeling of samples, and misinterpretation of test results.

Chicago Tribune article uses a case example to demonstrate the dangers of using DNA evidence that has very little probative value. New technology is allowing DNA analysis to be performed on very small amounts of DNA which may generate incomplete genetic profiles that may or may not be meaningful in a case.

In 2010, Michael Ryan was convicted of first degree murder and sentenced to death for a 2007 homicide. While the case was on direct appeal and as a result of the Motion for Appropriate Relief hearing, an order issued by Judge W. Erwin Spainhour granted Michael Ryan a new trial in 2017. The State appealed …

Friday, October 4, 2019 NC Judicial Center, 901 Corporate Center Drive, Raleigh, NC Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and …

A new method for interpreting DNA mixtures will be coming online in NC in the coming months. A webinar on probabilistic genotyping will be offered on Aug. 13, 2019 from 12-2 pm to train attorneys on this new methodology. This complimentary forensic science webinar is offered by the National Clearinghouse for Science, Technology, and the …

Attorneys from several counties have received notice through discovery that their cases that their cases were potentially affected by a DNA testing issue at National Medical Services (NMS) Labs in Pennsylvania. DA’s offices in various jurisdictions have sent samples to NMS Labs for DNA testing in recent years. The issue that has been identified is …

NC attorneys may be aware that software programs are being adopted by crime laboratories to assist with interpreting complex DNA mixtures. The NC State Crime Laboratory is working on validating a procedure for the use of STRmix probabilistic genotyping software, which will likely go online in the coming months. It is crucial that attorneys understand …

In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system.   For kits collected …

Superior Court Judge Chris Bragg has overturned Mark Carver’s murder conviction and ordered a new trial. Mr. Carver had been convicted in 2011 of the murder of a UNC Charlotte student. Chris Mumma, executive director of the North Carolina Center on Actual Innocence, represents Mr. Carver. She argued and the court ruled that Mr. Carver …

NIST has created a primer on interpretation of DNA mixtures that explains what are DNA mixtures and why are they sometimes so difficult to interpret. The primer was published on April 3, 2019 and covers topics including: Low sensitivity vs. high sensitivity methods for detecting DNA When is a peak a peak? How to determine …

The FBI Laboratory and the National Institute of Justice’s Forensic Technology Center of Excellence are offering a series of free online workshops to increase knowledge, understanding, and the reliable application of probabilistic genotyping to DNA evidence. As crime labs begin adopting methods that incorporate probabilistic genotyping results, attorneys need to understand the methods, capabilities, and …

In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system. For kits collected on …

Author: Bess Stiffelman Esq.

This 2013 document traces the development of forensic DNA analysis and its use by the NC State Crime Lab. It attempts to identify what technologies were available at what time. Information about the Charlotte-Mecklenburg Police Department Crime Laboratory is not included.

3-minute video explains the basics of DNA’s form and function. Though the focus of this animated film is not forensic DNA, it gives important introductory information that is useful as a building block for understanding forensic DNA analysis.

A new method for interpreting DNA mixtures will be coming online in NC in the coming months. A webinar was offered on Aug. 13, 2019 from 12-2 pm to train attorneys on DNA analyst testimony and new methodologies. The archived recording of the webinar is available on demand.

This complimentary forensic science webinar is offered by the National Clearinghouse for Science, Technology, and the Law at Stetson Law. The program is presented by Rachel Oefelein, the Quality Assurance Manager and a Senior DNA Analyst at DNA Labs International. Ms. Oefelein will present DNA Evidence Essentials: Preparing for Expert Testimony with a Forensic DNA Analyst: New Technologies.

The webinar focused on:

• Basics of DNA analysis
• Compare/contrast types of services available at public vs. private lab
• What is probabilistic genotyping
• Questions attorneys should ask the experts
• Related case law; and preparing for testimony

The webinar is part of the complimentary webinar series, Crime Scene to Courtroom Forensics Training, a project supported by a grant from the Bureau of Justice Assistance.

Boston University Biomedical Forensic Sciences has put lessons on interpretation of DNA Mixtures online. These lessons show many examples of the phenomena that they discuss, which is helpful for understanding this complex topic.

Feb. 2015 Ted Talk video by Dr. Greg Hampikian covers forensic DNA errors including statistical and interpretation errors and contamination issues.

Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services

The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and criminal defense investigators. Senior forensic scientists from the State Crime Lab will present updates and key information about the analysis of physical evidence in the disciplines of Forensic Biology (DNA), Firearms, and Digital Evidence. The Laboratory is working on validating the use of a new software program (STRMix) to interpret DNA mixtures. Once this software is implemented, DNA laboratory reports will have a new format and new conclusions will be used. This program aims to familiarize attorneys with this new program and the testimony that will be provided in court.

Following these presentations, the speakers will address questions from attorneys. Due to the confidential nature of casework, questions about specific cases will not be answered. Attorneys can schedule a meeting at the State Crime Lab to discuss the case with the analyst. Registration is available here. Attendees are encouraged to submit questions ahead of time using the registration form or by emailing sarah.r.olson@nccourts.org.

Attorneys receiving CLE credit will be billed $3.50 per credit hour by the NC State Bar. 3.0 hours of general CLE credit is anticipated. Non-attorneys who wish to receive continuing education credit will receive certificates of attendance.

Module 8 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar available for free on-demand viewing.

Module 3 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

Module 6 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

Module 7 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar available for free on-demand viewing.

Module 2 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

Module 1 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

This virtual CLE is designed to provide a foundation in the principles and evaluation of forensic DNA evidence. It may be viewed for free or for a small fee for CLE credit. Dr. Max Noureddine describes basic concepts of human genetics, key terms related to DNA evidence, laboratory procedures, technologies that aim at increasing the reliability of forensic DNA testing, and some limitations of these tools. Participants will learn about the electropherogram and become familiar with basic profile comparisons as well as anomalies and artifacts that are often revealed in electropherogram data.

Module 5 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

Module 4 of Online Series: Probabilistic Genotyping of Evidentiary DNA Typing Results. Archived webinar now available for free on-demand viewing.

The National Forensic Science Technology Center created this website to explain in simplified terms the principles of each type of forensic analysis and how the analysis is performed. Topics include DNA, digital evidence, fingerprints, firearms, trace evidence, blood stains, and more.

Law and Technology Resources for Legal Professionals compiled this list of books, articles, and other publications that treat different aspects of DNA evidence, including DNA databases, forensic interpretation of DNA evidence, 4th and 5th Amendment concerns, and more.

DNA experts in OH with videos, articles, and a glossary of DNA testing terms available for free download on their website.

NIST scientist Becky Steffen answers questions regarding her preparation of a “Human DNA Standard” which helps forensic laboratories maintain accurate DNA test results.

The NIJ has a number of free or low cost software tools that may be of assistance in understanding forensic evidence disciplines of digital forensics, arson investigation, DNA, death investigation, and more.

Sample direct and cross-examinations of various forensic witnesses, including a firearm/toolmark expert, fingerprint expert, pathologist, DNA expert, and other forensic experts.

A group of approximately 50 scientists representing federal, state, and local forensic DNA laboratories in the United States and Canada. SWGDAM periodically issues new Interpretation Guidelines that crime labs then implement. The 2017 guidelines that supersede the 2010 guidelines are available on the SWGDAM website.

Forensic DNA analysis resources compiled by John Butler. Includes training materials, technical information, and a collection of data by the National Institute of Standards and Technology (NIST).

UNC School of Government blog post by Jeff Welty on the Supreme Court case Maryland v. King which allows the taking of DNA from arrestees.

UNC School of Government blog post by Jeff Welty on the Supreme Court case Maryland v. King which allows the taking of DNA from arrestees.

Three reports were written about the same SBI DNA testing in this case: the first report in 5/09 said defendant excluded as source of DNA; the second report in 6/09 changed the conclusion and said the results were “inconclusive” (the internal SBI lab “reviewer” made the analyst change the report); and the third report in 8/11 said defendant was excluded. For more information about this case, click here.

• Motion for Sanctions for Brady Violations
• Lab Reports
• Transcript of Analyst Winningham’s testimony

This checklist can help attorneys identify what DNA lab reports have been received in discovery and what additional items may need to be requested.

Sample discovery motion regarding DNA evidence.

Motion to exclude the SBI’s analysis of DNA evidence where analysis entirely consumed the sample and was performed in violation of a court order. Drafted by Lisa Dubs and Mark Rabil.

• Orders – Orders from the case above, including Order to Preserve Evidence and Notes, order to not test evidence without written consent of the state and the defense or upon a court order, order excluding evidence of SBI testing, and dismissal of charges.