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Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective

Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective. DNA: Evidence from Defense Perspective. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective. Can we challenge DNA test results???.

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Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective

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  1. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective DNA: Evidence from Defense Perspective DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  2. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Can we challenge DNA test results??? DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  3. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • Review of Laboratory case files shows what happened to a sample from receipt by the laboratory to the opinions generated in a statutory declaration from the laboratory case scientist. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  4. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  5. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA – Do Not Assume™ DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  6. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA Casework DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  7. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA Casework what you should be looking for DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  8. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA Casework what you should be looking for what questions you should be asking DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  9. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • DNA Casework what you should be looking for what questions you should be asking what it all means DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  10. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Incorrect reference to the sample source DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  11. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Incorrect reference to the sample source • “The DNA profile obtained from the saliva on the black balaclava was the same as the reference sample of SMITH”. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  12. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Incorrect reference to the sample source • Presumptive test - “The DNA profile obtained from the swab sample taken from the black balaclava was the same as the reference sample of SMITH” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  13. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Incorrect reference to the sample source • Presumptive test - “The DNA profile obtained from the swab sample taken from the black balaclava was the same as the reference sample of SMITH” • “tests indicated the presence of saliva on the black balaclava” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  14. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Incorrect reference to the sample source • Confirmatory test - “The DNA profile obtained from the saliva on the black balaclava was the same as the reference sample of SMITH”. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  15. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  16. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? • Do the samples that have been tested represent the crime DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  17. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? • Do the samples that have been tested represent the crime or do they represent your client? DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  18. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? • But, after Frank Button went to jail, his defense team demanded the tests be carried out, and the results proved he wasn't the rapist DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  19. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? • During Mr Button's appeal, the Director of Public Prosecutions admitted that crucial DNA tests on bed sheets had not been completed. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  20. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What samples have been tested? • During Mr Button's appeal, the Director of Public Prosecutions admitted that crucial DNA tests on bed sheets had not been completed. • While the samples had been taken, they weren't tested because prosecutors assumed they wouldn't help convict the man. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  21. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  22. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Trace the DNA identification number from when it was assigned in the laboratory note book, to the written recording on the gel sample sheet. DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  23. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  24. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) • Sample F26679-7 (a swab sample taken from a towel from inside the house). DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  25. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) matches client DNA • Sample F26679-7 (a swab sample taken from a towel from inside the house). DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  26. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) matches client DNA • Sample F26679-7 (a swab sample taken from a towel from inside the house). matches unknown male DNA DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  27. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) matches client DNA • Sample F26679-7 (a swab sample taken from a towel from inside the house). matches unknown male DNA matches client DNA DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  28. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Sample F26679-1 (a swab sample taken from a baseball hat found behind the back fence of the property where a break and enter had occurred) matches client DNA matches unknown male DNA • Sample F26679-7 (a swab sample taken from a towel from inside the house). matches unknown male DNA matches client DNA DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  29. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Look at dates DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  30. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Trace the sample through the case file by the DNA identification number • Look at dates • Look at DNA profile result graphs DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  31. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  32. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • extraction of the samples DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  33. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • extraction of the samples • PCR amplification DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  34. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • extraction of the samples • PCR amplification • when the samples were run on a gel DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  35. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • The Sydney Morning Herald reported on the 17/12/03 “No contamination, says scientist” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  36. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • Reported “DNA traces from a female rape victim with no apparent link to the case were identified on Jaidyn’s (Leskie) bib and tracksuit pants” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  37. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • An inquest heard “Maxwell Jones of the Victorian Police Forensic Services Centre conducted sampling procedures from the bib and pants and from the rapist’s condom within a few days of each other in early 1998” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  38. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective • An inquest heard “Maxwell Jones of the Victorian Police Forensic Services Centre conducted sampling procedures from the bib and pants and from the rapist’s condom within a few days of each other in early 1998” • “But Mr. Jones said he was vigilant in following strict protocols such as changing gloves…” DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  39. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • how long the evidence had been in the laboratory before being examined DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  40. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective What dates were the samples processed? • how long the evidence had been in the laboratory before being examined • which technician performed the test DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  41. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  42. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • DNA profile result graph shows peaks at some (not all) of the 9 markers DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  43. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • DNA profile result graph shows peaks at some (not all) of the 9 markers • incomplete profile or a partial profile DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  44. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • Samples are usually re-tested by PCR amplification DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  45. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • Samples are usually re-tested by PCR amplification • re-extracted DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  46. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • sample has been reported in the statutory declaration as having a 9 marker profile DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  47. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • sample has been reported in the statutory declaration as having a 9 marker profile • full profile is the collation of all these partial profiles DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  48. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Partial profiles • sample has been reported in the statatuatory declaration as having a 9 marker profile • full profile is the collation of all these partial profiles • Do we trust this sample? DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  49. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Mixed DNA profile DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

  50. Continuing Legal Education Presentation – DNA: Evidence from Defense Perspective Mixed DNA profile • Reference: Promega.com DNA Evidence Pty Ltd www.dnaevidence.com.au Contact: 0408 454 695

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