Peter Gill 45 min

Why a Framework to Interpret Evidence is Required: Illustrated by the Miscarriage of Justice of Amanda Knox


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.



0:00

[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 ]