FORENSIC BIOLOGY AND COURTICITAP Senior Forensic Advisor Ted Smith

Ted Smith - CV

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 1986

ICITAP Senior Forensic AdvisorMexico, Merida Initiative December 2009 – PresentIraq, Ministry of Interior Forensic Program September 2007 – July 2009

Marshall University Forensic Science Center Special Project Manager January 2010-Present

West Virginia State PoliceDirector Forensic Laboratory March 2002 - September 2007Quality Assurance Manager June 2001 - March 2002Supervisor DNA Laboratory July 1989- June 2001Bench Scientist October 1985 - July 1989

Marshall University College of Science Adjunct Professor 2000 – 2007

ISC 205 Intro Forensic ScienceIST 445 DNA ForensicsIST 482 DNA Applications

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)

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!

Critical Factors…. #2

1.4.1.1 (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.

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

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.

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 Victim 1 Victim 2 Evidence 2

ABO B,O O O B,O PGM 2+,1+ 1+ 2+1- 2+1- GLO 1 2-1 1 2-1 2-1 Secretor Yes Yes Yes Yes

Woodall B 2+2-1, Secretor

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.

(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).

Forensic Science Associates (FSA) - CA

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

DQα Results Exonerate Woodall

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)

All bad precedents begin as justifiable measures. — Julius Caesar, Roman general, statesman and writer (100-44 B.C.)

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

Center for Blood Research (CBR) - MA

CBR conducted

RFLP &

DQα

analyses and eliminated three potential donors as sources of the sperm.

Center for Blood Research (CBR) - MA

Center for Blood Research

DQαRFLP

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

“…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

Evidence Remains with Court Until 2007

Remember - Critical Factor….#1

1.4.1.4 (E)

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

SwabsClothingPop cansChewing gumCigarette filtersDandruffSki masksCondomsHatbands, 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)

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.

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

THE QUALITY ASSURANCE STANDARDS

FOR

FORENSIC DNA TESTING LABORATORIES

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.

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

PREGUNTAS?

Forensic Biology and Court

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