a brief history of forensic dna

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www.esr.cri.nz PAGE 1 www.esr.cri.nz 22 B: 22•2300434405 / EPOS 22 Y: 22•2300434405 / 1800 1600 1400 1200 1000 800 600 400 200 0 2100 2400 27 A BRIEF HISTORY OF FORENSIC DNA 1990 – 2010 marking 20 years of DNA analysis for the New Zealand criminal justice system

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This is about the application of a broad spectrum of sciences and technologies to investigate and establish facts about DNA

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Page 1: A brief history of forensic DNA

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A brief history of forensic DnA 1990 – 2010

marking 20 years of DnA analysis for the new Zealand criminal justice system

Page 2: A brief history of forensic DNA

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ESR provides independent impartial forensic service expertise to support the New Zealand justice system. This comprehensive forensic service is underpinned by robust research and the latest DNA technology.

It seems hard to believe that only a little more than two decades ago, using

DNA to fight crime was unheard of. The development of DNA ‘fingerprinting’

revolutionised forensic science and the investigation of crime worldwide.

In the early years DNA profiling was primarily used to solve serious crimes.

It is now routinely used to investigate a range of crimes from burglaries, to

homicides. Often the investigation of a major crime using DNA technology

has led to a number of different and often completely unrelated crimes

being solved. When confronted with DNA evidence many offenders plead

guilty, saving resources and money in criminal investigations, and through

the court system. The continual development and improvements in the use

of forensic DNA technology has enabled some of New Zealand’s most

challenging cold cases to be solved. and it is also

an extremely important tool in exonerating the

innocent. Behind the scenes it can be the

tool that excludes suspects or changes the

focus of a police investigation.

New Zealand has continually been at the

forefront of developing and utilising forensic

DNA technology. Our forensic scientists have

been instrumental in major technological

advances; most notably in the development of

low copy number trace DNA and interpretation

of DNA profiles. New Zealand’s ‘hit rate,’

linking individuals to crimes through the

databank, is one of the highest in the

world. Our DNA expertise is recognised

throughout the world and our forensic

systems and scientists are sought after by other

jurisdictions particularly in Australasia. The New Zealand

criminal justice system has benefitted from two decades of continuous

development and implementation of forensic DNA. The partnership between

users of the criminal justice system, and particularly between ESR and the

New Zealand Police, should ensure that New Zealand retains its place as a

world leader in the use of this crime fighting technology.

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2008New extraction technology introduced

2009 – 100,000th individual profile added to databank

2004New Zealand exports forensic database expertise

2007Increased discrimination between DNA profiles

2006Y-STR introduced

2005Robots introduced to the DNA laboratory

2006Low Copy Number technology introduced to NZ casework

2002NZ’s purpose built forensic DNA laboratory opens

2001Theresa Cormack ‘cold case’ solved using improved DNA technology

1985British scientists, Drs Peter Gill, Alec Jeffreys and Dave Werrett publish “Forensic application of DNA fingerprints.”

1987–1988 NZ scientists begin training in the new technologyIntroduction of DNA profiling into casework in New Zealand

Mid 1990s – 2000ESR introduces more sensitive and discriminating DNA technology

early 1990sAmplification of DNA

1995–1996National DNA Databank established

1990First DNA evidence presented in NZ court

forensic DnA timeline

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1990 DnA evidence presented in new Zealand court

In 1990 Dr Lawton presented DNA evidence for the first time in a New Zealand court in Q v Pengelly.

Michael James Pengelly was accused of the murder of an elderly woman in her Auckland home. Various bloodstains were located in the house. These were blood typed, then DNA tested. It was found that some of the bloodstains could not be from the deceased. DNA testing showed that the blood could be from the accused, and Pengelly was later convicted of the murder.

Early 1990s Amplification of DnA

The first PCR-based methods were introduced into NZ in the early 1990s. This meant the DNA could be extracted and amplified (copied many times) to obtain a DNA profile. Results were obtained within a few days rather than the previous timeframes of weeks.

Police recognised that a large number of sexual assaults in South Auckland between 1983 and 1994 occurred with the same modus operandi and developed a profile of an assailant. ESR reviewed old cases and was able to link 15 of the sexual assaults using the new DNA testing.

A mass DNA screen was undertaken and 700 suspects were eliminated from the investigation. One male on the suspect list matched. Joseph Thompson admitted a total of 61 charges of sexual

violation and 68 other offences and was sentenced to 30 years in prison.

In 1995 seven rapes and a homicide in South Auckland were linked by DNA testing. In 1996 DNA linked another series of rapes in central Auckland to the South Auckland rapes. A mass DNA screen of several thousand men was undertaken. Malcolm Rewa headed the suspect list but couldn’t be located. In May 1996 Rewa was arrested following an attack on a 16 year old girl. His DNA profile matched the DNA linked crimes. On the first day of his trial he pleaded guilty to all cases where there was DNA evidence except for the homicide. He was found guilty in 26 other cases. A second trial found him guilty of the homicide.

It was these types of investigations that provided the impetus for the establishment of the NZ National DNA Databank.

1985

In 1985 British scientists, Drs Peter Gill, Alec Jeffreys and Dave Werrett published a paper in Nature, “Forensic application of DNA fingerprints.”

This provided a method for identification of individuals by DNA profiling and was the beginning of DNA testing in forensic science. It’s proved to be the biggest single advance in the field since conventional fingerprinting.

In a paper to mark 20 years since the discovery Drs Gill and Prof Jobling said – “Sherlock Holmes said ‘it has long been an axiom of mine that the little things are infinitely the most important’, but he never could have imagined that such a little thing, the DNA molecule, could become perhaps the most powerful single tool in the multifaceted fight against crime. Twenty years after the development of DNA fingerprinting, forensic DNA analysis is key to either conviction or exoneration of suspects. It is also central to the identification of victims of crimes, accidents and disasters, driving the development of innovative methods in molecular genetics, statistics and the use of massive intelligence databases.”

At the time of the DNA breakthrough in the UK, New Zealand’s DSIR Chemistry Division provided forensic

services for the New Zealand Police

including the identification and

grouping of bloodstains and semen stains. This was done using blood typing. The new DNA-based method would prove to be far more discriminating than conventional blood typing for

the identification of individuals involved in crime.

1987-1988 new Zealand scientists begin training in the new technology

In 1987 forensic scientist Dr Steve Cordiner was awarded a fellowship to study the new technique with Dr Geoff Chambers at Victoria University.

At the same time Dr Margaret Lawton, Government Analyst at DSIR Auckland, was given responsibility for managing the introduction of DNA profiling into casework in New Zealand.

Funding was provided to establish new DNA testing facilities, and in 1988 a group of NZ forensic scientists went to the UK to train at the Home Office Laboratory with Drs Gill and Werrett

When they returned to NZ they began establishing DNA profiling laboratories.

A brief history of forensic DnA analysis in new Zealand

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In the UK in 1993 –‘94 Dr Gill was leading the team which confirmed the identity of the remains of the Romanov family, murdered in 1918, and the subsequent investigation which disproved the claim of Anna Anderson to be the Duchess Anastasia.

This work led the way for the use of forensic DNA analysis methods in the investigation of historic crimes of international significance, and ultimately the use of these and similar techniques in the investigation of mass disasters, including war crimes.

1995-1996 national DnA Databank established

The introduction of the Criminal Investigations (Blood Samples) Act 1995, legislated for a “DNA Profile Databank”. The New Zealand National DNA Databank was implemented in August 1996 and is composed of two separate databases;

• theNationalDNADatabase

• theCrimeSampleDatabase.

Mid 1990s – 2000

In 1995 ESR introduced the more sensitive and discriminating STR (Short Tandem Repeat) technology into forensic casework. This involved the analysis of three STR DNA loci plus a gender test. The increased sensitivity allowed for results to be obtained from smaller forensic samples such as bloodspots and saliva stains, as well as small numbers of spermatozoa.

Between 1996 and 2000, ESR increased the number of STR loci tested from 3 to 6, then 10.

Discrimination between individuals improved from likelihood ratios of one in 100s in the early days to one in hundreds of millions. Sensitivity also improved with modifications to technology and equipment used.

2001 cold case solved using improved DnA technology

Due to advances in genetic fingerprinting, a minute sample of semen from the Theresa Cormack case was able to be profiled.

Fifteen years after Cormack’s death, police arrested Jules Mikus for Cormack’s murder.

the national DnA Database

contains DNA profiles from

individuals and the crime

sample Database contains

DNA profiles from unsolved

crimes. by comparing the two

databases, possible suspects

can be identified and crimes

linked.

When introduced, the new

Zealand national DnA Databank

was the second national DnA

Databank in the world, the first

being established in the United

Kingdom in 1995.

Image depicts raw data from forensic DNA sequencer

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2002 nZ’s purpose built DnA laboratory opens

In May 2002 ESR opened a purpose built DNA testing facility in Auckland. NZ is one of only a few countries to have purpose built forensic DNA laboratory facilities designed to minimise contamination.

2004 exporting databank expertise

Forensic DNA systems developed by ESR are introduced in Thailand. Following the Boxing Day Tsunami, ESR assisted with DNA expertise and systems for disaster victim identification.

2005 robots introduced to parts of the DnA laboratory

Automation enables faster processing and help ensures consistency, minimising handling errors.

2006 Low copy number technology introduced to nZ casework

In the first years of forensic DNA a large bloodstain the size of an old 50 cent coin was thought to be the minimum amount of sample required for successful DNA analysis. By 2006 a mere smudge, such as a nose-print against a glass, was enough to give a DNA result that could be linked to an offender.

The Forensic Science Service, led by Dr Gill, developed and implemented Low Copy Number DNA profiling in the late 1990s and early 2000s. ESR Principal Scientist, Dr John Buckleton, worked with Dr Gill and others at the UK Forensic Science Service to establish the technique and develop interpretation guidelines.

After a period of extensive validation and upgrading of ESR’s forensic laboratories in Auckland, Christchurch and Wellington, the technology was implemented into forensic casework.

The LCN technique copies a DNA sample through 34 cycles compared

with 28 under standard DNA methods. This equates to a 50-fold

increase in sensitivity. It can be used to obtain profiles from items that have only been touched, and on samples where standard DNA

testing is unsuccessful. It is only used in a limited number

of appropriate cases.

2006 y-str introduced

In Y-STR analysis, specific regions of DNA on the Y male chromosome are targeted and copied many times. Y-STR DNA profiling system selectively targets male DNA even in the presence of large amounts of female DNA (e.g. traces of male DNA on a vaginal swab which will have lots of female DNA present on it). This means that results can be obtained from very small amounts of male DNA.

2007 increased discrimination

ESR increased the number of loci tested to 15, allowing even more discrimination between profiles and assisting in cases where discrimination between closely related family members is required.

FaSTR DNA, a software programme, designed and built by ESR for the automated interpretation of DNA profiles was also introduced.

2008 familial testing assists with murder case

Familial DNA testing, successfully led to the apprehension of a suspect in the historic Marie Jamieson homicide.

Since the outcome of such a search requires careful consideration and much investigative follow-up by the Police, familial searching is only recommended in a small number of selected cases.

These are typically homicides or serious sexual assaults where no link has been established with the national DNA databank and all other persons of interest have been eliminated. To date familial searching has been undertaken in fewer than 20 cases.

2008 new extraction technology introduced

DNA IQ™, allowed for the development of robotic methods for the extraction of case samples.

2009 100,000th individual profile added to databank

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the neW ZeALAnD nAtionAL DnA DAtAbAnK

The New Zealand National DNA Databank has two databases:

• NationalDNADatabase(profilesofindividuals)

• CrimeSampleDatabase(profilesfromunsolved crimes)

Now most individual profiles loaded to the databank come from buccal scrapes (taken from inside the mouth). Once a DNA profile has been taken the sample is destroyed and only the profile is retained. The profile is a string of numbers that are stored on the profile database. The only genetic information that can be obtained from this profile is gender.

The overall success rate in DNA matching in NZ is world-leading. 63% of all unsolved cases loaded to the crime sample databases are linked to individuals, and more than 30% linked to another crime.

ESR and the New Zealand Police comply with all requirements of the CI(BS) Act in order to maintain the integrity of the DNA Databank as a forensic investigative tool. The Act is designed with a strong focus on the rights of the individual. It places rigorous requirements on the police as investigators and collectors of samples, and also on ESR as custodians of the databank.

ESR has strict protocols in regard to management of the National DNA Databank and takes its custodial role

very seriously. The databank system is on a separate dedicated secure system that is physically isolated and contains a number of security features.

External parties, including the New Zealand Police, cannot access any information on the database.

Access by ESR staff is extremely limited, physically and by system security features, to only those working with the forensic DNA facility.

ESR’s DNA laboratory has three teams:

• theNationalDNADatabaseteam

• theCrimeSampleDatabaseteam

• thePriorityCaseworkteam.

The Priority Casework team in the DNA laboratory analyses forensic samples for major criminal investigations. Priority cases are commonly run under extremely tight timings, with scientists often in the laboratory around the clock.

LooKinG forWArD

ESR will introduce the definitive identification of human body fluids and tissues by mRNA profiling. This innovative technology will be initially applied to selected casework samples.

It allows for the identification of body fluids, (vaginal fluids, menstrual blood and saliva) at the same time as determination of the DNA profile.

The introduction of this technology is a direct consequence of ESR investment in research and development.

Also coming is the Laser Microdissector. This combination of microscope and dissection apparatus will allow ESR scientists to identify and select cells individually for further profiling. Thus, spermatozoa will be able to be selected and processed independently of other cells and body fluids in case samples.

Current areas of research and development in the DNA/RNA area include:

• theidentificationofbotanicalevidence including DNA profiling of cannabis seizures to establish common origins and the discrimination of psychoactive cannabis from hemp (fibre producing cannabis)

• investigationsofthebehaviouroflowlevel contributions to DNA mixtures

• ageingofinjuriesandbruisesusingmolecular biology and proteomic methods

• developmentofcellidentificationmethods using proteomics (the large-scale study of proteins, their structure and functions)

• ageing body fluid stains at crime scenes

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teresa cormack case

In 1987, six-year old Teresa Cormack went missing. Eight days later her body was discovered. Hairs found on her body were examined and stored. Swabs were sent to Britain for testing but contained insufficient material to provide a profile.

In the 1990s the remaining swabs were retested – again there was no result. Then in 2001, following significant developments in DNA technology, the remaining forensic evidence was examined. This time a profile was extracted from a very small amount of semen saved on a microscope slide.

A massive screening exercise began to identify a potential match. One was found – Jules Mikus. To confirm the match, the hairs stored for 15 years were flown to the United States and exposed to mitochondrial DNA extraction (the DNA located in structures within cells that convert the energy from food). The resultant DNA profile matched the profile obtained from Mikus’ blood. Further blood samples confirmed the match.

Fifteen years after the murder Jules Mikus was found guilty of the abduction, sexual violation and murder of Teresa Cormack.

Maureen McKinnel case

Following the success of the Cormack case, the officer-in-charge of a 16-year-old homicide case in Arrowtown asked that samples be retested using new DNA testing methods. The victim’s reference profile was determined from the remains of a blood sample, and this was compared with DNA obtained from her nail clippings. The clippings resulted in DNA profiles of two males.

The Police began the process of reviewing their suspects. One of the profiles belonged to a legitimate male contact. The following year, Jarrod Mangels provided a voluntary blood sample.

The database recorded a profile match to the McKinnel case. Sixteen years after the murder, Mangels was arrested and charged. In February 2004, he pleaded guilty to the crime, apologising in the courtroom. He was sentenced to life.

Historic ‘cold cases’One of the most important and valuable qualities of DNA profiling is its ability to solve historic cases. DNA technology allows for samples from

unsolved historic crimes to be analysed. This has often led to the arrest of a suspect many years after the offence was committed.

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Janelle Patton case

ESR’s LCN DNA laboratory and expertise in trace DNA analysis were used for a high-profile Norfolk Island homicide case.

Australian Federal Police sought ESR’s expertise in the case of 29-year-old Sydney woman Janelle Patton, murdered on Norfolk Island on Easter Sunday 2002, the first homicide on the island for 150 years.

ESR scientists were able to obtain a DNA profile corresponding to the murder victim from a sample extract from the boot of the accused’s car, supporting the prosecution case that 28-year-old New Zealand chef Glenn Peter McNeill had killed Miss Patton, then moved her body by car to another location.

He was found guilty of murder in March 2007, and sentenced to 24 years in jail with a minimum non-parole period of 18 years.

operation backcapture

Changes to the New Zealand Criminal Investigations (Bodily Samples) Act, (1995), allowed for the compulsory collection and storage of DNA profiles from imprisoned offenders.

The Act permits comparison of these DNA profiles to DNA profiles obtained from crime scene samples stored on the New Zealand Crime Sample Database.

This operation identified 87 links to crimes. Of these links, 65% were ‘cold links’, meaning a previously unreported suspect was linked to a crime through DNA.

operation oakley

The case started with the discovery of semen on doorknobs and car door handles at an address in Mt Albert over several months. Samples submitted to the Crime Sample database showed that these cases were linked to the same offender.

Using a covert surveillance camera, the Police arrested a male suspect, who

consented to providing a DNA sample. The suspect’s profile matched that of the samples from the crime scene, and he received a six-month suspended sentence.

. . . but the story doesn’t end there.

Later, a series of serious sexual assaults on young females began. Samples from the scenes linked the assaults not only to each other, but also to the earlier

Lois Dear case

In July 2006, the body of 66-year-old teacher Lois Dear was discovered in her Tokoroa classroom at Strathmore Primary school. There were no fingerprints, nor any blood found at the scene; however, there was a hair and a shoeprint. Ten years earlier it wouldn’t have been possible to collect DNA from a single strand of hair. However, new technologies led to the identification

of the hair as belonging to 23-year-old Whetu Te Hiko.

In addition, shoeprints invisible to the naked eye were discovered at the scene of the crime, leading from the classroom to a bathroom. ESR scientists lifted the prints using an electrostatic dust- lifting kit.

The soles of the shoes were identified as a brand sold at The Warehouse in Tokoroa. Police discovered only three pairs had been sold, only one in the size that Te Hiko wore. Police then trolled through store security tapes for that particular occasion and found video of Te Hiko purchasing those shoes.

Te Hiko pleaded guilty to the murder and in May 2007 was sentenced to life imprisonment with a minimum of 18 years non-parole.

Wayne Jarden case

In 1988 a woman was brutally attacked and raped in her flat in St. Albans, Christchurch. Samples were analysed, but at the time there was insufficient DNA to be useful.

Twelve years later, ESR scientists analysed the biological samples using new DNA technology. It indicated that the attacker was responsible for another unsolved Christchurch rape, that of a 90-year-old in April 1996.

Despite this, a suspect was not identified, as the DNA profiles

generated from the biological samples did not match any individual profiles held on the DNA database. In 2007 the case was re-examined using a new technique of familial testing. This involves looking for people who may be closely related to the offender.

Police obtained DNA samples from two family members. A profile was generated which matched crime scene profiles from the two rapes and in 2009 Wayne Robert Jarden pleaded guilty to both rapes.

Recent DNA forensic stories - every contact leaves a trace

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DNA profiling is used as a powerful and accurate forensic tool in many different ways by the New Zealand Police, in more than three thousand cases per year. Some of the less well-known uses include:

Post-mortem examination

DNA profiling can be used in post-mortem examination where identification of the deceased is difficult due to incineration, drowning, or complete or partial decomposition. It is used in cases where the more common methods of radiography (X-rays) and odontology (forensic dentistry) are unsuitable.

Distribution of blood

DNA profiling is also highly useful for resolving the distribution of blood at a crime scene and for investigating crimes where more than one person has been killed or injured.

By identifying the likely source of a bloodstain at a crime scene, the investigation team can determine the location of people during the offence and track how individuals moved through the crime scene.

In 2007 when Graham Burton went on a shooting spree in hills near Wellington, Police were concerned that there may be more victims than were immediately found. Urgent DNA analysis from the multiple blood trails came from victims that were accounted for.

Prolonged abuse

A case using profiling results has proved that physical abuse occurred at a dwelling over a long period of time. The result was achieved by positively identifying the source of minute bloodstains distributed throughout the crime scene as belonging to the victims.

Other uses for forensic DNAindecencies in Mt Albert. The offender pleaded guilty and is serving 18 years imprisonment.

Attempted child abduction

Two attempts were made to abduct young girls off an Auckland street. The first girl got away with a ripped jacket, but a second was forced into a car. She managed to escape from a rear door of the moving car, dragging an item from the car with her. Urgent forensic examination of this item yielded a DNA profile, which linked to a person not on the suspect list.

As a result, the police were able to make a speedy arrest. A full confession was obtained and the girls were spared the ordeal of facing the offender in court.

Low Copy Number DNA profile links rape and murder

ESR scientists were able to generate a DNA profile using low copy number technology. A DNA profile was generated from the rope used to strangle a Dunedin student in a rape.

The profile linked to Liam Reid, who was also identified through standard DNA testing as the likely perpetrator in the Emma Agnew murder case.

The two cases were heard together in a combined trial in November 2008. Reid was found guilty and sentenced to a minimum non-parole term of 26 years.

A DNA profile using low copy number technology was generated from the rope used to strangle a Dunedin student in a rape.

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©ESR February 2010