The value of DNA evidence to support a proposition of the presence of a person of interest is present, is typically provided as a likelihood ratio (LR)– often provided as a high number of many millions/billions. However, if this is presented to a court, without a description of the limitations, then the evidence may be misunderstood. The mere presence of a DNA profile that is consistent with a given donor says nothing about 'how', 'why or 'when' the actual transfer occurred. The hierarchy of propositions framework is used to evaluate evidence at different levels. A different likelihood ratio (LR) is calculated at each level; a LR calculated at a lower level cannot be carried over to a higher level. The sub-source level directly addresses the donor of a DNA profile, whereas the source level addresses the type of body fluid that is present in the crime-stain. Activity level propositions are required to address the case circumstances and require a formal assessment of indirect and direct transfer, persistence, and recovery of the DNA profile and mRNA from known individuals and background from unknown individuals. Bayesian networks are used to evaluate the evidence using source and activity level propositions. The dangers of not using a coherent framework to interpret DNA evidence are amply demonstrated by the miscarriage of justice of Amanda Knox and Raffaelle Sollecito. The pair were accused and convicted of the murder of Meredith Kercher in Perugia, Italy, in 2009. A series of appeals and retrials then ensued, culminating in their exoneration in 2015. The case highlighted a series of catastrophic errors that were pervasive at all levels of the criminal justice system.
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[Music]
0:10
Hello everybody, my name is Peter Gill.
0:13
I'm Professor Emeritus of Forensic Genetics at Oslo University Hospital.
0:18
I'm going to talk to you today about the limitations of DNA profiling evidence
0:24
and why it is important to have a framework to interpret evidence.
0:29
More recently in the courts, they are becoming much more interested in what we
0:34
call the activity level.
0:36
Now what the activity level is is not the donor of the DNA profile,
0:41
but it's more to do with the how or why or when that the evidence came to be
0:46
where it was.
0:48
So I have an example on the slide from a court appeal hearing where the judges
0:54
said,
0:55
it is we think becoming increasingly common for there to be little disputes in
1:00
the majority of cases
1:01
as to whether the DNA is the DNA of a particular person.
1:05
And I think that this summarises it quite nicely.
1:09
Our DNA profiling evidence is incredibly powerful and we may give statistics
1:14
such as one in a billion,
1:15
but what does that mean about the actual deposition of the DNA,
1:22
the method whereby the DNA was deposited.
1:27
And this was brought to the forefront fairly recently in an appeal case,
1:32
the Queen versus William Francis Jones, where a DNA profile was actually found
1:38
on the pin of a hand grenade.
1:40
Now the statistic for this was one in a billion and at trial it was sufficient
1:47
for the individual to be convicted.
1:49
But on the appeal, the appeal, the conviction was quashed because the activity
1:57
level propositions
1:58
had not been considered properly. So what are the alternative methods of moving
2:06
DNA from a person's hand
2:09
to the pin of a hand grenade? Well it might be from secondary transfer example,
2:16
for example,
2:17
where another individual has shaken hands with the suspect and then touched the
2:23
pin of the hand grenade
2:25
or it might be because of a contamination incident in the laboratory for
2:30
example.
2:30
So all of these issues need to be properly considered when we go to court.
2:35
So what I would like to do is to introduce a framework to help us to interpret
2:40
evidence.
2:43
So let's suppose a DNA profile has been recovered from a crime scene.
2:48
We need to think about what the prosecution of the defense alternatives are to
2:55
describe how the DNA became evidential.
2:59
And typically these would follow the scheme which is shown on the slide.
3:06
So the alternative propositions would typically be the DNA came from Mr. Smith
3:11
who is the suspect
3:13
or the DNA came from an unknown person. And what we do is we calculate a
3:17
likelihood ratio
3:18
which is the probability of the evidence if the prosecution proposition is true
3:24
divided by the
3:26
probability of the evidence if the defense proposition is true. So what does a
3:31
DNA profile do and what it does not do?
3:34
Well the presence of a DNA profile tells us nothing about the how, why, or when
3:40
that it became evidence.
3:42
So it would be completely wrong to infer that the one in one billion statistic
3:48
has any relevance to the activity.
3:50
So how can the scientists help the record in this respect? Well to do this we
3:55
will now turn to the interpretation method
3:59
which employs the hierarchy of propositions framework.
4:03
And the hierarchy of propositions is layered into four different sub-levels or
4:10
levels.
4:11
At the bottom we have the sub-source level and this typically refers to the DNA
4:17
profile itself.
4:19
So we may have a low-quant stain, there's no background information and it's
4:26
impossible to make an
4:27
association between the DNA and the body fluid from where it came from. And we
4:33
call this the sub-source level and it's the statistic that we give at this
4:38
level
4:38
which is typically provided to the court. The next level is called the source
4:44
level.
4:44
Here we ask the question well where what body fluid has this DNA come from? Has
4:52
it come from blood? Has it come from semen?
4:54
And to do this analysis is necessary to have additional information. We need a
5:00
test to test the body fluid for example.
5:05
And we go up to the level, the main level of interest is called the activity
5:10
level and this asks the question did the defendant take part in the connected
5:16
activity?
5:17
And it's possible for scientists to report at this level if they have
5:21
sufficient background information.
5:24
And finally the third level is the offense level where it may be possible to
5:30
combine different types of evidence.
5:33
When we go to court DNA won't be the only evidence, it will also be fibres,
5:37
glass, etc.
5:39
And the offense level asks whether we can combine all of these different types
5:44
of evidence into a single statistic.
5:48
Now why is this important? Well if a scientist goes to court and gives a figure
5:54
of one in one billion
5:56
the danger is that statistic may be thought to mean something in relation to
6:03
the activity
6:04
of the crime for example stabbing an individual.
6:08
So it's very important that the scientist puts this statistic into his
6:13
perspective by saying that this has got nothing to do with the activity, how,
6:19
the, why, or the when.
6:20
This mistake is often known as the CSI effect.
6:26
So I use this diagram to show how DNA may become evidential.
6:30
Essentially when you have a DNA profile or when you see a DNA profile you don't
6:35
know how it's been transferred.
6:38
But what we can do is to make a list of the possible methods and this diagram
6:45
shows the possible methods of transfer.
6:48
So this is a timeline you can see at the beginning there's opportunity for
6:53
a adventitious transfer that's accidental transfer by an individual.
7:00
And then a bit later on we have the crime events where we hope there's
7:06
opportunity for transfer from the actual perpetrator.
7:09
Now after the crime event there is usually a period of time before its
7:15
discovery
7:16
and then maybe transfer in this intervening period as well.
7:21
Once the investigators arrive they set up a crime scene and they detect and
7:26
recover material.
7:27
And from that point onwards it is also possible that they may accidentally
7:32
contaminate the crime scene.
7:34
They may move DNA from one area to another for example.
7:38
And of course when it gets to the laboratory then these dangers are also
7:43
apparent and we have to take great care to make sure that our laboratories are
7:50
completely clean and contamination free.
7:52
Also we need to be aware of a psychological effect which is called confirmation
7:59
bias.
7:59
And this is the tendency to search for interpret, favor, or recall information
8:04
in a way that reinforces one's existing beliefs or hypotheses
8:10
while giving disproportionately less consideration to alternative possibilities
8:15
And I will give you some examples of this later in my talk.
8:19
So what are the different modes of transfer of DNA profiles?
8:23
Well there are effectively three different routes to transfer a DNA profile.
8:28
There is the direct method for example if I hold a knife then my DNA may be
8:32
directly transferred to the handle.
8:34
But indirect or secondary transfer can also occur that is if I shake my hands
8:40
with another individual then that individual
8:43
holds the knife it's possible that he or she may transfer my DNA to that knife
8:49
by that means.
8:50
And the third route is contamination and this is accidental transfer in the
8:56
laboratory or by crime scenes and investigators.
9:00
It's also worth bearing in mind that the mixtures are quite common in casework
9:06
and each component of the mixture may itself be transferred by a different
9:09
method.
9:11
So here's an example of secondary transfer individual A,
9:15
clasps the hands of individual B and then B holds a knife and the question is
9:22
is DNA from A
9:25
transferred to the handle of the knife.
9:27
So let's go through an example.
9:31
Let's suppose a woman is found dead in an apartment.
9:34
The pathologist confirms death by an assault during which the victim fell she
9:40
hit her head on a stone fireplace which led to a massive hemorrhage.
9:43
Suspicion falls on the ex-partner who cohabited with the victim up to four
9:49
weeks previously
9:50
and is known to have previously threatened the victim.
9:53
A mixed DNA profile is found from the body of the victim underneath her fingern
9:59
ails and that matches the ex-partner.
10:03
So we now need to work through the hierarchy of propositions.
10:07
So I'll show you how this works now.
10:09
We start with the sub-source propositions.
10:12
So this typical example we would state the DNA came from Mr. Smith and Miss
10:17
Jones.
10:18
The defense proposition would be that the DNA came from Miss Jones and an
10:25
individual who is unrelated to Mr. Smith.
10:29
And then we would report in the usual way the evidence is a billion times more
10:34
likely if the first proposition is true rather than if the second proposition
10:40
is true.
10:41
But this tells us nothing about the activity level.
10:44
So next I want to move forward to the activity level and describe this.
10:51
And of course to move forward to the activity level is important that the court
10:56
is alerted to the limitations of the sub-source DNA evidence.
11:02
And this is done by writing a caveat into the statement to the effect that it
11:06
is accepted if it is accepted by the court that the DNA came from Mr. Smith.
11:12
I am able to address the question of the activity.
11:14
So we're asking the court to accept the sub-source propositions to begin with.
11:21
So now I want to address the activity level propositions.
11:26
First of all it's important to stress that the scientist is not evaluating the
11:31
propositions only the evidence if the proposition is true.
11:35
And this is a very important distinction.
11:38
Also the scientist goes to court with circumstances of the case which are which
11:46
are be given to him or her.
11:49
There are sometimes at court these circumstances may be changed and if this
11:53
happens then you would need to re-evaluate your evidence.
11:57
So it's really important that we are really clear about the propositions and
12:02
the case circumstances before we go to court.
12:05
Again the scientist can put a caveat in his or her statement to the effect that
12:11
if this case circumstances are changed or if there is new information then they
12:15
will need to re-evaluate my evidence.
12:18
So in the case example that I'm giving you the activity level propositions
12:22
would follow for the prosecution.
12:25
Mr. Miss Jones scratched Mr. Smith on November the 21st but the defense
12:31
proposition would be that Miss Jones did not scratch Mr. Smith on November the
12:36
21st
12:36
and has had no social interaction with her since October the 21st.
12:41
He did not assault her. So you can see that these propositions are entirely
12:45
different to the sub-source propositions but they do address the court relevant
12:51
question.
12:53
The propositions are formulated as you can see to describe the points of
13:00
opinion or the points of difference between the prosecution and the defense.
13:05
Also these propositions can be formed or they should be formed independently of
13:10
the knowledge of our results.
13:13
And I hope you can see that it's entirely possible to produce these
13:16
propositions without knowing what the results are.
13:20
This is important because I mentioned confirmation bias earlier on so we should
13:25
try to develop our propositions avoiding confirmation bias and the best way to
13:31
do this is to produce them
13:34
before we know the actual results.
13:36
It's no problem having multiple sets of propositions. This is not a barrier and
13:43
this often happens if there is some uncertainty about which propositions to use
13:48
So if the first proposition is true then the DNA recovered is a result of
13:55
direct transfer because it must have been transferred at the time of the
14:00
offense.
14:01
So what the scientist must ask is what is the probability of transfer
14:05
persistence and recovery of DNA if Miss Jones scratched Mr. Smith?
14:11
The alternative, the defense alternative is what is the probability of transfer
14:19
persistence and recovery of DNA if Miss Jones had not scratched Mr. Smith?
14:26
And it follows on from that the question is how did Mr. Smith's DNA transfer to
14:33
the fingernails if he is innocent?
14:36
Well I've already told you that he was cohabiting with the victim in the
14:43
apartment four weeks beforehand.
14:46
So the question is will this DNA from Mr. Smith, will it persist in the
14:51
apartment for four weeks?
14:52
Can it be transferred to the victim by the second-year transfer and will it be
14:57
recovered upon analysis?
15:00
So that affects me as the defense question.
15:02
So how do we actually evaluate evidence like this? Well we do this by
15:08
experiments.
15:09
It's really important to do experiments and I had this slide up because I want
15:15
to stress that experiments are much much more important than experience.
15:22
Scientists are often asked to give a basis for their opinion and it may be on
15:29
experience but the experience can be very very subjective.
15:32
So I would always stress that the importance of doing experiments.
15:37
So what sort of experiments can we do to evaluate this kind of evidence?
15:42
Well they're quite easy to set up.
15:45
Obviously you can't do anything which might be considered to be violent.
15:52
Towards another individual.
15:54
But the sorts of experiments that we can do is to divide individuals into pairs
15:59
and then individual A likely scratches individual B.
16:03
And then we can take samples from individual A fingernails over periods of time
16:10
And this helps us to answer the question of how long does DNA persist for?
16:18
We could of course consider many other factors like washing the shedor status
16:23
and we need suitable controls etc.
16:27
And then we need to find out how long does DNA persist in the environments
16:32
itself?
16:33
And to answer these kinds of questions we need experiments to evaluate the the
16:39
presence of background
16:40
DNA. So for example if
16:44
if someone leaves an apartment how long will their DNA remain in that apartment
16:49
Will it be a few hours, a few days, a few weeks etc.
16:54
Other factors to consider are whether the premises have been cleaned or not.
17:00
Now I want to talk very briefly about Bayes' nets. I'm not going to go into any
17:07
detail about this at all.
17:10
But a Bayes' net can be thought of as rather like a flow chart.
17:15
And this flow chart has all of the possibilities
17:19
enshrined within the nodes.
17:23
So the DNA results can be explained because individuals X and Y are kind of
17:30
habitated for example
17:31
or because Y scratched X
17:37
or Y scratched another unknown individual etc.
17:42
So all of the possibilities are enshrined in the nodes and behind each node
17:48
there is a probabilistic calculation.
17:51
These probabilistic calculations are used to calculate a likelihood ratio at
17:58
the activity level.
18:00
I'm not going to go into any details about this during this talk.
18:05
But this is the favoured way of carrying out these kinds of calculations.
18:11
Now I want to talk about a case which I was involved with some time ago.
18:18
It's a famous case which involves the miscarriage of justice of Amanda Knox and
18:25
Raphael Isolechitel.
18:29
This case went on for many many years. The original conviction was in the year
18:37
2009.
18:40
But there was a final acquittal was in 2015. And in the interim period there
18:49
were various
18:50
appeals and retrials where the pair were found to be innocent and then reconv
18:57
icted and then
18:58
finally exonerated. So I want to go through what happened with this case.
19:05
First of all I think when cases like this arise it's really important to
19:12
analyze them to find out why the mistakes occurred. And this is because when
19:23
mistakes occur it is
19:24
rarely isolated to a single case. These kinds of mistakes typify what may be
19:33
current thinking
19:33
in a laboratory or laboratories. And so it's really important to investigate
19:40
them to prevent
19:41
other miscarriages of justice or to identify cases where similar mistakes may
19:47
have occurred.
19:51
So I'll just go through the case circumstances. In November 2007 Meredith Kurtz
19:56
ier was stabbed
19:57
in the neck. She was stabbed in her flat which she shared with Amanda Knox and
20:03
some other students.
20:05
The prime suspect called Rudy Guerdi was quickly identified. And his DNA was
20:15
discovered at numerous
20:16
locations in the crime scene. The important feature here is that he never had
20:22
any
20:22
legitimate access to the crime scene. He didn't live there, he didn't visit the
20:30
crime scene. So
20:31
there was no real reason for his DNA to be there. However he implicated Knox's
20:37
a selectuto
20:40
as collaborators and that's the reason why they became suspects. And the reason
20:47
prosecutors went along with this is because they insisted that Guerdi could not
20:52
have acted alone.
20:53
So where was the DNA evidence found? Well first thing we have a knife which was
21:00
recovered from selectuto's flat. Secondly there was a bar class found at the
21:06
crime scene which had
21:07
been forcibly removed. This was used to implicate selectuto. And there were
21:14
blood spots in the
21:15
bathroom which were mixtures of Knox and Kurtzier, the suspects and the victim.
21:21
So this is a picture of the knife. And you can see here it's quite a large
21:31
knife and the areas of typing are shown by the letters. And when the profile on
21:41
the knife angle
21:42
was analyzed it's attributed to Amanda Knox. It was a good good profile so
21:49
there's no dispute
21:51
about that whatsoever. But there was also a poor quality profile on the knife
21:56
blade which was
21:57
attributed to the victim Meredith Kurtzier and the likelihood ratio was very
22:03
low however
22:04
of the region of about 100. Right so it's important to describe how this knife
22:13
actually became
22:14
evidential in the prosecution's eyes. In fact this knife had been found in
22:22
selectuto's flat.
22:24
He was the boyfriend of Amanda Knox and they found it in the cutlery's jaw. The
22:30
knife was
22:30
observed to be extremely clean but the investigators noted that there was a
22:36
strong smell of bleach.
22:38
So they hypothesized that the knife had been used in the crime and it had been
22:43
cleaned with bleach.
22:45
Knox's DNA profile was detected on the handle of the knife and there was a very
22:53
weak profile
22:54
attributed to Kurtzier the victim. There was no evidence of blood and this is
22:59
important I think
22:59
all the tests for blood were negative. So my comment here in relation to the
23:05
hierarchy of
23:06
propositions is that the interpretation is currently at the sub-source level.
23:11
There's no direct evidence
23:12
to determine the body fluid origin and there's certainly no evidence to suggest
23:16
the activity of
23:18
transfer. And I would stress here I talked about confirmation bias earlier on
23:24
and this is an example
23:25
of that because the bleach cleaning hypothesis is an example of confirmation
23:31
bias. It is something
23:32
which was dreamt up by the prosecution because it's obviously it is extremely
23:38
inconvenient to
23:39
have this lack of evidence. So the bleach cleaning hypothesis was provided as a
23:45
way of explaining
23:47
away the lack of evidence in this particular case. There was actually quite a
23:55
good defense team
23:57
I hastened to add. The defense observed starch grains on the knife as you might
24:05
expect if you
24:06
cut a loaf of bread for example. So if we now start to think about the activity
24:12
level propositions
24:15
then two alternatives come to mind. First of all either the knife was used in
24:19
the murder
24:20
or the alternative is the knife was only used by Knox to prepare food. Now
24:27
interestingly
24:28
the this wasn't really stated to the court in this way. I'm stating this out in
24:34
an idealized
24:35
way the preferred way. It wasn't presented in this way to the actual court but
24:42
this was
24:43
obviously discussed and the judges who convicted the pair first trial made the
24:54
statement that it
24:55
appears more likely to have been derived from having held the knife to strike
25:00
rather than having
25:02
used it to cut some food. Okay so that was the judges conclusion but of course
25:10
scientifically
25:11
there is no justification for this. If you find DNA on the knife handle there's
25:18
there's no way I
25:19
can tell you from the DNA pattern whether it was deposited whether I was
25:24
stabbing somebody or
25:26
whether I was cutting a loaf of bread the profiles will appear absolutely
25:30
identical. Therefore this
25:33
was nothing but pure speculation. On the other hand as I mentioned earlier
25:40
there were multiple
25:41
stains from Greedy. He had no legitimate reasons being the apartment. His DNA
25:46
was found in multiple
25:48
locations in the murder room and in the bathroom. Even though Knox lived in the
25:53
apartment her DNA
25:54
was not found in the murder room. Well which is quite interesting. The only DNA
26:00
attributed to
26:01
Sileciuto was the minor profile found on the bra class and of course Sileciuto
26:08
had
26:08
legitimate access to the flat because he was the boyfriend of Amanda Knox.
26:14
So mixtures of DNA and Knox of Kurtia were also found in the bathroom. Now this
26:21
was interpreted by
26:22
prosecutors to indicate that Knox had washed her hands after the murder. Okay
26:28
so let's just think
26:29
about this one for a minute. You have a test for blood and you have a mixture
26:35
of DNA but this does
26:36
not mean to say that the DNA from the two individuals was deposited at the
26:42
first time. They are two
26:44
completely different tests. Add to that that we have a prior expectation that
26:51
if we go to anybody's
26:52
bathroom you're going to find their DNA in there from sweat or skin cells or
26:57
whatever. It's not
26:58
been necessarily come from blood. So we can conclude that there must have been
27:05
an existing
27:06
background or DNA from Knox and Kurtia from skin cells in the bathroom. Hence
27:13
we would expect to
27:15
find mixtures. So the presence of blood does not mean to say that both
27:25
DNAs came from blood. Probably the DNA from Kurtia came from blood but equally
27:34
the blood, sorry,
27:35
the DNA from Amanda Knox could have come from skin cells. Okay so here is the
27:44
shared bathroom
27:45
and as you can see there by the plug you can see the blood stain and you can
27:53
see the blood
27:56
stain was sampled by the investigators and this is what led to the mixed
28:02
profile. But as I said in
28:05
the last slide you've got a test for blood but it doesn't mean to see that all
28:10
the DNA that you
28:11
see there has come from blood. It could equally come from skin cells. So again
28:18
I have to draw
28:20
attention to confirmation bias. There were many stains which matched Goerdi not
28:30
just from the room
28:30
but from the victim's body. None was obtained from Knox and there was just one
28:36
on the bra class
28:37
which matched the selectitire. But again obviously this is quite inconvenient
28:43
to the prosecutors.
28:44
There is no Amanda Knox DNA in the murder room. So what they then bizarrely
28:53
stated was that the
28:56
after the murder they postulated that Knox and selectitire had selectively
29:06
cleaned the room. Now
29:07
what do I mean by that? What I mean is that they actually went into the bedroom
29:12
and then they
29:13
removed their own DNA deliberately leaving Goerdi's DNA in place. And of course
29:21
this is just a
29:22
sheer nonsense. There is no way to actually selectively clean a bedroom. You
29:27
can't see
29:28
someone's DNA. So how can you carry out selective cleaning? But nevertheless
29:34
this kind of evidence
29:36
was presented in court and it was sufficient in the first instance to lead to a
29:41
conviction.
29:42
But then well I'm just going to fast forward now. As I said there were a number
29:49
of appeals and
29:50
retrials where all of these issues were examined and re-examined again. But in
29:59
the final conclusion
30:00
the Maraskar Bruno conclusion which was the final judgment which exonerated the
30:05
pair.
30:05
The judges stated that the confiscated knife could have been moved by Knox to a
30:12
deal of
30:13
de la pagola for domestic use on the occasion of parties of other events and
30:19
thus also used by
30:20
Kerger. So these judges then accepted the issues of secondary transfer. The
30:29
knife probably wasn't
30:31
the murder weapon and that there had been no consideration of the activity
30:37
level propositions
30:39
at the previous trials. The method of collection was criticized. It was not put
30:46
into a particularly
30:48
clean box. It was put into a common cardboard box of the sought to package
30:54
Christmas gadgets.
30:55
And the judges dismissed the bleach cleaning hypothesis as illogical which is
31:02
very good news.
31:06
So then we come to the bra class but this is worth mentioning because the
31:10
evidence was used to
31:12
convict Sir Sollettito. It was found on the floor of the apartment. It had been
31:21
forcibly
31:22
removed during the assault. But crucially the bra class was not collected as
31:29
evidence until
31:30
40 days after the crime. I'm not only that but the bra class wasn't actually in
31:36
the original
31:37
position. And in addition to that there's actually a video of the investigators
31:42
passing the bra
31:43
class to each other using latex gloves and they're not changing these latex
31:47
gloves.
31:48
So here there is ample opportunity for DNA to be transferred from one item to
31:56
another.
31:58
So again the poor collection of the evidence here has really discredited
32:04
the analysis of the result of this particular item. And of course once your
32:11
crime scene has
32:12
been compromised there's nothing you can do to rescue it. And we've done quite
32:19
a lot of research
32:20
on latex gloves and they are a really excellent method to transfer a DNA from
32:26
one item to another.
32:28
So we really do need to make sure that we change our gloves every time we
32:33
handle an item.
32:34
The bra class as I mentioned it wasn't collected for 40 days so there were
32:40
numerous possibilities
32:42
for cross contamination. And just to conclude as I said earlier once the crime
32:50
scene is compromised
32:52
this is irreversible. You cannot rescue it. And this was recognized in the
32:57
final judgment
32:58
where they said the use of logic and intuition cannot in any way compensate for
33:03
the lack of
33:04
evidence or the inefficiencies of the investigations faced with missing
33:09
insufficient or contradictory
33:10
evidence the judge should simply accept it and issue a verdict of acquittal.
33:14
And then there's this
33:16
strong plea for objectivity which I think we would all agree with where the
33:21
judge is
33:22
plea for following the scientific method starting with Galileo on the
33:27
application of the scientific
33:29
method. So what are the reasons for miscarriages of justice? Maybe not only
33:34
this miscarriage of
33:35
justice but others which are maybe undetected. Well first of all it's quite
33:41
clear that prosecutors
33:43
are working backwards they're actually fitting the evidence to the crime. The
33:49
inconvenient
33:49
results like the bleach cleaning hypothesis was explained away by for bizarre
33:56
reasons.
33:56
But most notably I think there was a failure of judges to take adequate
34:01
accounts of defense
34:03
criticisms because these problems were highlighted during the actual trial but
34:10
the judges tended
34:11
to favor the prosecution propositions rather than the defense criticisms. And
34:16
finally there's a
34:18
failure of basic quality standards in collecting the evidence and that resulted
34:23
in
34:23
contamination of the crime scene. Well to summarize the case that I've just
34:31
discussed with you
34:34
well first of all the right conclusion was achieved in the end. Rudy Guerreidi
34:43
remains
34:44
the sole convicted individual for this this crime and Amanda Knox and Raphaeli
34:52
's
34:52
Sileshto were exonerated. But the problem is of course is that the pair went to
34:59
prison
35:00
for several years and they were completely innocent of the crime. So it's
35:07
important for us to understand
35:10
the principles which I've been explaining to you the hierarchy of propositions,
35:17
the consideration
35:18
of the activity level and the limitations of the DNA profiling evidence.
35:26
Because if we can explain
35:28
this to the court then miscarriages of justice like this are much less likely
35:34
to occur.
35:36
Okay to summarize my talk I've only really scratched the the surface. There is
35:44
currently a huge amount
35:46
of research going on an activity level and the development of software to help
35:53
us to carry this
35:56
out. Although it has to be said that I think that we are still at quite an
36:00
early stage
36:01
of development because not many laboratories report activity level at present
36:07
but I think
36:08
in the future this will change. First of all educational programs are needed.
36:16
Scientists,
36:16
judges and lawyers need to be educated in this field. We need to carry out
36:24
coordinated
36:26
research programs so that we can inform the models with the suitable
36:32
probabilities. What is the
36:35
probability of secondary transfer? What is the probability of direct transfer
36:40
for given situations?
36:42
There's a need to agree on the measurements that we will use. Currently we're
36:48
working
36:49
with average peak height for example but there may be other methods which can
36:55
be used. So there
36:56
needs to be a lot of collaboration and discussion within the international
37:01
community to help us with
37:02
this. There's a need to produce a knowledge base so a knowledge base is a
37:06
collection of data
37:08
that scientists can refer to to help them make decisions. We need to move
37:15
towards continuous
37:16
models. We already have this with mixture software and I see that this will go
37:25
along a parallel
37:27
route. So we will end up with sophisticated software solutions to help us to
37:33
solve these
37:35
problems. Now the engine for this is known as Bayesian networks or Bayes nets.
37:41
So we need to
37:42
generate libraries or Bayes nets that scientists can use and these need to be
37:49
programmed of course.
37:50
Currently I'm involved with a project which is known as the REACT project
37:59
organized by the European Network of Forensic Science Institute and in this
38:05
project we have
38:06
more than 30 laboratories where we are carrying out collaborative studies and
38:12
experimentation
38:14
which will help us to produce knowledge bases and also show aspects like
38:18
reproducibility etc.
38:22
And importantly we think this project will be will help
38:27
and give the laboratory's first-hand experience in generating the data that
38:32
they can use in Bayesian
38:34
networks so they can report the results to courts.
38:37
Thank you for listening to me. It's been a great pleasure to be able to talk to
38:43
you today and if
38:45
you have any questions then please email me or contact me after the session.
38:54
[silence]
39:09
Hello everyone and I hope you're enjoying the hits conference as much as I am.
39:14
My name is
39:15
Jonathan Tehback with Thermo Fisher Scientific and we're fortunate today to be
39:22
joined live
39:23
by Professor Peter Gill who is joining us from the UK and we were just
39:31
fortunate enough to hear
39:32
that wonderful talk from Peter and he's here now to answer your questions so
39:41
please feel free
39:43
to enter any questions you have in the dialogue box at the bottom of the screen
39:50
But we're going to get rolling with the first question which is that well in
39:57
adversarial
39:58
court systems like in the United States Peter do you think that the defense
40:04
should shoulder
40:05
more responsibility for questioning the weight of evidence at the sub-source
40:11
level?
40:12
Yes hello everyone thank you for listening to my talk. Yes it is really
40:19
important actually
40:20
the defense does get involved with this framework. I realize that it is
40:27
actually quite difficult
40:28
within the adversarial system to do this because there may not be sufficient
40:33
communication
40:34
with the defense but it's in under those circumstances the forensic scientist
40:43
has no option
40:45
other than to pose the defense questions him or herself but of course when you
40:52
get to court
40:54
the problem there is that the defense may not not agree with these propositions
41:00
and under those circumstances you may have to really evaluate the evidence. So
41:09
we always put a caveat
41:11
in our statement saying this is my understanding of the case circumstances this
41:17
is my understanding
41:19
of what the defense is saying this is my understanding of what the prosecution
41:22
is saying
41:23
if you are telling me something different then I will need to go away to re
41:28
evaluate
41:29
the evidence. So these kinds of caveats are really important because it tells
41:34
the court
41:34
exactly what assumptions that you are working under.
41:40
Yeah that's thank you and in light of that do you have any specific guidance or
41:47
recommendations
41:48
for reporting language or testimony language that could be used by forensic
41:53
scientists to
41:54
better clarify the limitations of a DNA inclusion at the sub-source level?
42:03
Yes I point you to a couple of documents that we prepared under the auspices of
42:12
the
42:13
International Society of Forensic Genetics where we go into quite a lot of
42:19
detail
42:20
on these issues as written by the DNA Commission. The DNA Commission has
42:27
scientists from all over the world including from the US of course
42:32
and you will find the guidance in there.
42:36
All right thank you Peter. So another question here do you think that the
42:47
scientist should be
42:48
fully aware of all the background info in a case and isn't there a chance that
42:54
this could
42:55
bias the scientist doing the DNA analysis work? Well during the investigative
43:05
phase
43:05
the scientist will be gathering information about the case. If the scientist
43:12
doesn't necessarily
43:13
need to have all of the information but certainly needs the information that is
43:18
relevant
43:20
to the aspects of the case which he or she is reporting on.
43:25
So long as we are treating this in the framework that I talked about I don't
43:36
think that there will
43:37
be any bias because you're always evaluating the evidence given a certain
43:44
proposition.
43:46
You are never saying what the propositions are. You're always evaluating the
43:51
evidence
43:52
given a proposition. This is a very nice way I think to avoid accusations of
43:59
bias.
43:59
Right so maybe a last question here with the time we have. Can you tell us just
44:08
a little bit
44:09
more about the output from the React project that you mentioned and how this
44:15
could help
44:15
DNA laboratories deal with the issues you described in your talk?
44:18
Yes of course one of the big problems that we have is lack of data, lack of
44:26
education
44:27
and actually lack of software to actually do the calculations. So the React
44:32
project is funded by
44:34
the EU Commission and it's running for two years and we have 30 laboratories
44:40
involved and we're
44:41
evaluating a particular kind of case where DNA is transferred to a tool which
44:47
is used in burglary
44:48
so it's quite a simple scenario. We're evaluating the evidence when people
44:57
directly transfer their
44:59
DNA to the handle of the tool and we are evaluating the evidence when there are
45:09
secondary
45:09
traps going on as well. So this is quite a big project. We'll produce a lot of
45:16
data which I hope
45:17
will be useful. Thank you Peter and I'm afraid we're out of time. I wish we had
45:23
a little more time
45:23
to talk with you but I want to thank you for your participation in the
45:27
conference and for your
45:29
excellent talk and for your time today. So I wish you a great evening there in
45:34
the UK.
45:35
Okay thank you Jonathan. Thank you to everyone for listening. Thanks everyone.
45:41
Goodbye.
45:42
[ Silence ]