A blog to spread information and give updates on DNA testing in India for benefit of Medico-legal experts, Doctors, public and Advocates.
12 May, 2011
08 May, 2011
Statistics and Judicial trials
An issue hotly debated in academic circles, but treated as little more than disdain by most judges, has been the extent to which mathematics can inform the trial process. An extreme level, the courts to accept mathematical evidence pointing to the design inference. Fingerprints and DNA evidence, for example, a powerful only because those who give it also tell the court, in mathematical language, that the odds of anyone else having the same principal DNA material are almost impetus similarly small. The question which seems to arises is whether it is rational not to act on such evidence.
Judicial skepticism of attempts to quantify the probabilities in a given case has often been justified. In some cases, the statistics are obviously been phoning. The prosecution in the case of Capt Dreyfus in 1899 claimed a remarkable incidence of similarities between Capt Dreyfus' handwriting and the letters to the Germans which the prosecution alleged and the defense denied were written by the same hand. In fact, the number of similarities were statistically insignificant. There are often good reasons to be dubious statistical evidence. One can rarely be assured of its correctness, let alone its applicability to the case in hand. And it is almost impossible to imagine a case in which all the odds can be precisely calculate it. How, for example, the character led the odds of a witness lied? But even excepting the limited place for mathematics in assisting quantification of the odds for or against proposition with any precision, the fact is that we do occasionally decide issues, or test the appropriateness of a tentative decision, by reference to vague notions of the chances for or against an innocent connection between the party and a proven fact.
Judicial skepticism of attempts to quantify the probabilities in a given case has often been justified. In some cases, the statistics are obviously been phoning. The prosecution in the case of Capt Dreyfus in 1899 claimed a remarkable incidence of similarities between Capt Dreyfus' handwriting and the letters to the Germans which the prosecution alleged and the defense denied were written by the same hand. In fact, the number of similarities were statistically insignificant. There are often good reasons to be dubious statistical evidence. One can rarely be assured of its correctness, let alone its applicability to the case in hand. And it is almost impossible to imagine a case in which all the odds can be precisely calculate it. How, for example, the character led the odds of a witness lied? But even excepting the limited place for mathematics in assisting quantification of the odds for or against proposition with any precision, the fact is that we do occasionally decide issues, or test the appropriateness of a tentative decision, by reference to vague notions of the chances for or against an innocent connection between the party and a proven fact.
04 May, 2011
How DNA analysis confirmed Osama bin Laden’s death ?
Though the world''s most wanted man Osama bin Laden was killed during a raid on a compound in Abbottabad, Pakistan, on 2 May, his body was identified after a series of investigation.
According to the US Government, his death was confirmed by comparison to photographs, confirmation from one of his wives at the compound, facial-recognition software, and - the gold standard for identification - DNA analysis, reports New Scientist.
John Brennan, assistant to the President for Homeland Security and Counterterrorism, said the DNA evidence provided a match with "99.9 per cent confidence".
That would require the comparison of DNA from the body with that of people known to be related to bin Laden. Bin Laden had no full siblings, but more than 50 half-siblings and up to 24 children.
Using DNA from many half-siblings could produce a DNA match of greater than 90 per cent confidence, but it would be difficult to get as high as 99.9 per cent without a closer relative said Rhonda Roby, a forensic geneticist at the University of North Texas Health Science Center, Fort Worth.
Roby, who led the team using DNA evidence to identify the remains of people killed in the 9/11 attacks in 2001, said that the statistical analysis based on DNA from half-siblings is more complex and less reliable than analysis based on DNA from a closer relative like a parent or child.
Reports indicated that one of bin Laden''s sons was also killed in the raid, possibly 20-year-old Hamza bin Laden.
Roby said DNA from a son and several half-siblings could confirm Osama''s identity with 99.9 per cent accuracy.
If, however, the government was able to obtain DNA from bin Laden''s body, his son and also that son''s biological mother - who might have been at the compound during the raid, it could perform DNA profiling with a "full paternity trio", assuring 99.9 per cent accuracy, she added.
According to the US Government, his death was confirmed by comparison to photographs, confirmation from one of his wives at the compound, facial-recognition software, and - the gold standard for identification - DNA analysis, reports New Scientist.
John Brennan, assistant to the President for Homeland Security and Counterterrorism, said the DNA evidence provided a match with "99.9 per cent confidence".
That would require the comparison of DNA from the body with that of people known to be related to bin Laden. Bin Laden had no full siblings, but more than 50 half-siblings and up to 24 children.
Using DNA from many half-siblings could produce a DNA match of greater than 90 per cent confidence, but it would be difficult to get as high as 99.9 per cent without a closer relative said Rhonda Roby, a forensic geneticist at the University of North Texas Health Science Center, Fort Worth.
Roby, who led the team using DNA evidence to identify the remains of people killed in the 9/11 attacks in 2001, said that the statistical analysis based on DNA from half-siblings is more complex and less reliable than analysis based on DNA from a closer relative like a parent or child.
Reports indicated that one of bin Laden''s sons was also killed in the raid, possibly 20-year-old Hamza bin Laden.
Roby said DNA from a son and several half-siblings could confirm Osama''s identity with 99.9 per cent accuracy.
If, however, the government was able to obtain DNA from bin Laden''s body, his son and also that son''s biological mother - who might have been at the compound during the raid, it could perform DNA profiling with a "full paternity trio", assuring 99.9 per cent accuracy, she added.
06 April, 2011
DNA and Hair Color
Originally Posted in DNA, High Tech Forensics by D.P. Lyle, MD on April 3, 2011 and re-posted here with kind permission of Dr D P Lyle.
DNA is one of the most important criminal investigative tools ever discovered. It identifies an individual with virtually 100% certainty. If someone leaves blood, semen, saliva, or some other bodily fluid at a crime scene and if it is found good condition, DNA extracted from the sample can accurately tie that person to the scene. Doesn’t mean he’s guilty just that he left DNA there. Something he’ll need to explain.
But what if there is no suspect? What if the person who left the sample is completely unknown as often happens, particularly with serial predators. These “stranger murders” are often the most difficult ones to solve because there is no apparent “connection” between the murderer and the victim.
This means that any descriptive evidence that can be obtained regarding potential suspects is of paramount importance. If someone witnessed a particular person running in the distance or a particular type of car cruising the neighborhood or a particular type of clothing is left behind, then these can be added to the offender profile and help narrow the search. This is one of the important elements of the Violent Criminal Apprehension Program (VICAP). Through this program violent crimes committed by unknown perpetrators are uploaded into databases. If multiple crimes perpetrated in various parts of the country have similar characteristics then the linkage of these crimes can often build a more firm description of any possible perpetrators.
For example, what if a murder in Florida had certain characteristics (method of murder, weapon used, method of body disposal, etc.) and similar characteristics were found in a murder in New Jersey? What if in Florida someone had seen the perpetrator from a distance and judged him to be a tall thin male while in New Jersey someone saw a black van leaving the scene? If these two crimes were never linked then police in both areas would not know that they were looking for a tall thin male who drove a black van. And so on. The more evidence that can be accumulated regarding serial crimes the better a description of possible perpetrators can be constructed.
Now it seems that hair color can be obtained from DNA. So a perpetrator who leaves behind a drop of blood might also leave behind evidence of his hair color. It seems that red hair and black hair can be determined with an accuracy of approximately 90% while brown and blond hair can be determined approximately 80% of the time. This is critical information in formulating a profile of the killer.
Of course if the killer has changed is or her hair color, this evidence could prove misleading.
DNA is one of the most important criminal investigative tools ever discovered. It identifies an individual with virtually 100% certainty. If someone leaves blood, semen, saliva, or some other bodily fluid at a crime scene and if it is found good condition, DNA extracted from the sample can accurately tie that person to the scene. Doesn’t mean he’s guilty just that he left DNA there. Something he’ll need to explain.
But what if there is no suspect? What if the person who left the sample is completely unknown as often happens, particularly with serial predators. These “stranger murders” are often the most difficult ones to solve because there is no apparent “connection” between the murderer and the victim.
This means that any descriptive evidence that can be obtained regarding potential suspects is of paramount importance. If someone witnessed a particular person running in the distance or a particular type of car cruising the neighborhood or a particular type of clothing is left behind, then these can be added to the offender profile and help narrow the search. This is one of the important elements of the Violent Criminal Apprehension Program (VICAP). Through this program violent crimes committed by unknown perpetrators are uploaded into databases. If multiple crimes perpetrated in various parts of the country have similar characteristics then the linkage of these crimes can often build a more firm description of any possible perpetrators.
For example, what if a murder in Florida had certain characteristics (method of murder, weapon used, method of body disposal, etc.) and similar characteristics were found in a murder in New Jersey? What if in Florida someone had seen the perpetrator from a distance and judged him to be a tall thin male while in New Jersey someone saw a black van leaving the scene? If these two crimes were never linked then police in both areas would not know that they were looking for a tall thin male who drove a black van. And so on. The more evidence that can be accumulated regarding serial crimes the better a description of possible perpetrators can be constructed.
Now it seems that hair color can be obtained from DNA. So a perpetrator who leaves behind a drop of blood might also leave behind evidence of his hair color. It seems that red hair and black hair can be determined with an accuracy of approximately 90% while brown and blond hair can be determined approximately 80% of the time. This is critical information in formulating a profile of the killer.
Of course if the killer has changed is or her hair color, this evidence could prove misleading.
30 March, 2011
DNA Fingerprinting and Wildlife Forensics
An important goal of the conservation management programs in Wildlife of the critically endangered species is the determination of parentage and levels of genetic diversity within the remaining population. Such determination is possible, with high rate of success, is by use of DNA based methods. Every living life form on earth contains the most basic building blocks of life – the Deoxyribonucleic Acid or DNA, which provides them their biological identity either as an individual, a species or a population as well as their geographical origin and evolutionary history. Using the understanding of DNA science, coupled with the presence of efficient molecular techniques to examine information in DNA markers (segments of DNA in the genome of organisms that reveal variations), biological information can be tapped, revealing otherwise unreachable information at all levels of life. Furthermore, with the support of specific statistical tools and bioinformatics to analyse DNA data, inferences about the biology of organisms can be done, thus providing essential details for evolutionary, population and conservation biology.
Wildlife forensics is a relatively new method for law enforcement around the world and has not yet caught up the attention of Indian wildlife experts. It uses the same principles as human forensics, with a few modifications. The difference is that wildlife forensics needs to be able to identify and distinguish between a variety of species, whereas human forensics is concerned with just one species – Homo sapiens. The advent and application DNA fingerprinting (in the mid 1980’s) has been essential for both wildlife and human forensics.
The aim of wildlife forensics is to provide information for the conclusive identification of the animal carcass, for conviction of offenders, and hopefully deter these acts. It is also active in various molecular genetic research aiding wildlife management and conservation.
DNA fingerprinting allows for the identification of an individual or species. DNA sample sizes may be too small, so DNA amplification techniques may be applied. This involves the amplification of the small amount of DNA wherein in a short period of time the amount of DNA is greatly amplified. DNA fingerprinting allows the questioned wildlife sample can be confirmed with a match to the standard sample maintained in the laboratory.
DNA fingerprinting is useful in Wildlife management in several ways including;
• individual identification for matching tissue samples from an illegal kill site to samples associated with suspect.
• species identification of unknown tissue samples involved in illegal commercialization and poaching
• includes identification of mixed game products - packed meats
• sex identification to enforce the violations of the wildlife acts
• parentage analysis for captive breeding programs
• applying a non-invasive DNA sexing method (through the use of feathers) on birds. For the success of breeding efforts {as birds of both sexes do not show any distinct differences in their external morphology (sexual dimorphism) at their juvenile stage as well as at their adult stage}.
The law requires that guilt of an accused under Wildlife protection acts be established beyond a reasonable doubt. To do this, the prosecution needs either eyewitness testimony or physical evidence. The Wildlife laboratories can provide this physical evidence and serious violations of wildlife laws can be investigated and prosecuted. The U.S. has a national lab, and Canada has various labs across the country and India has none except for a research lab – LaCones at Hyderabad. One of the longest running ones is The Wildlife Forensics DNA Laboratory at Trent University in Ontario, Canada. It was the first lab to produce DNA evidence to be accepted into a North American court involving a wildlife violation. In India the most important case to have caught the attention of Wildlife experts was the Salman Khan Black Buck case wherein I had conclusively proved that the carcass exhumed after postmortem was indeed a black buck and not a deer as some assumed it to be. Now the US handles over 50 cases a year, providing convictions with fines, whereas in India it is a dismal 2 cases per year with cases still being under trial.
There is a need to conduct more molecular genetics research for wildlife management and conservation. The question many of you may ask is what is the use of Genetic Consequences? Or what connection does wildlife forensics have with conservation and genetics? Well at the out set it gives you direction in possible increase in population size with a decrease in animals hunted, increase population size, decrease possibility of inbreeding, increase heterozygosity and in turn, increase fitness. Current research on the population structure of a highly endangered local freshwater crocodile (Tomistoma schlegelii) using DNA based methods to infer bio-geographical distribution of the species range within Malaysia and South East Asia is yielding important results.
A Forensic wildlife laboratory will also receive analysis costs from other organizations and research grants. It then provides information that can aid in the prosecution of an offender, who then pays a fine to the government. Further, in the future, similar techniques that are used in the human genome project could be transferred to wildlife forensics, and automation will be the key. Studies of populations using past genetic information and comparing it to present and future genetic information with the assistance of DNA databases could provide knowledge any genetic impact of wildlife forensics. It is important to note that other aspects could also affect the outcome, and these need to be taken into consideration when drawing inferences. Therefore the need of the hour is that all the Officers of the Indian Forest Service and Conservators of Forests should unite to demand for Forensic Wildlife Laboratories to meet the requirement for better Wildlife conservation.
Wildlife forensics is a relatively new method for law enforcement around the world and has not yet caught up the attention of Indian wildlife experts. It uses the same principles as human forensics, with a few modifications. The difference is that wildlife forensics needs to be able to identify and distinguish between a variety of species, whereas human forensics is concerned with just one species – Homo sapiens. The advent and application DNA fingerprinting (in the mid 1980’s) has been essential for both wildlife and human forensics.
The aim of wildlife forensics is to provide information for the conclusive identification of the animal carcass, for conviction of offenders, and hopefully deter these acts. It is also active in various molecular genetic research aiding wildlife management and conservation.
DNA fingerprinting allows for the identification of an individual or species. DNA sample sizes may be too small, so DNA amplification techniques may be applied. This involves the amplification of the small amount of DNA wherein in a short period of time the amount of DNA is greatly amplified. DNA fingerprinting allows the questioned wildlife sample can be confirmed with a match to the standard sample maintained in the laboratory.
DNA fingerprinting is useful in Wildlife management in several ways including;
• individual identification for matching tissue samples from an illegal kill site to samples associated with suspect.
• species identification of unknown tissue samples involved in illegal commercialization and poaching
• includes identification of mixed game products - packed meats
• sex identification to enforce the violations of the wildlife acts
• parentage analysis for captive breeding programs
• applying a non-invasive DNA sexing method (through the use of feathers) on birds. For the success of breeding efforts {as birds of both sexes do not show any distinct differences in their external morphology (sexual dimorphism) at their juvenile stage as well as at their adult stage}.
The law requires that guilt of an accused under Wildlife protection acts be established beyond a reasonable doubt. To do this, the prosecution needs either eyewitness testimony or physical evidence. The Wildlife laboratories can provide this physical evidence and serious violations of wildlife laws can be investigated and prosecuted. The U.S. has a national lab, and Canada has various labs across the country and India has none except for a research lab – LaCones at Hyderabad. One of the longest running ones is The Wildlife Forensics DNA Laboratory at Trent University in Ontario, Canada. It was the first lab to produce DNA evidence to be accepted into a North American court involving a wildlife violation. In India the most important case to have caught the attention of Wildlife experts was the Salman Khan Black Buck case wherein I had conclusively proved that the carcass exhumed after postmortem was indeed a black buck and not a deer as some assumed it to be. Now the US handles over 50 cases a year, providing convictions with fines, whereas in India it is a dismal 2 cases per year with cases still being under trial.
There is a need to conduct more molecular genetics research for wildlife management and conservation. The question many of you may ask is what is the use of Genetic Consequences? Or what connection does wildlife forensics have with conservation and genetics? Well at the out set it gives you direction in possible increase in population size with a decrease in animals hunted, increase population size, decrease possibility of inbreeding, increase heterozygosity and in turn, increase fitness. Current research on the population structure of a highly endangered local freshwater crocodile (Tomistoma schlegelii) using DNA based methods to infer bio-geographical distribution of the species range within Malaysia and South East Asia is yielding important results.
A Forensic wildlife laboratory will also receive analysis costs from other organizations and research grants. It then provides information that can aid in the prosecution of an offender, who then pays a fine to the government. Further, in the future, similar techniques that are used in the human genome project could be transferred to wildlife forensics, and automation will be the key. Studies of populations using past genetic information and comparing it to present and future genetic information with the assistance of DNA databases could provide knowledge any genetic impact of wildlife forensics. It is important to note that other aspects could also affect the outcome, and these need to be taken into consideration when drawing inferences. Therefore the need of the hour is that all the Officers of the Indian Forest Service and Conservators of Forests should unite to demand for Forensic Wildlife Laboratories to meet the requirement for better Wildlife conservation.
08 February, 2011
How long can Investigations fail for lack of expertise
Its been a year since an innocent child, Naga Vaishnavi, was supposedly killed and body burnt in a furnace in Vijayawada, Andhra Pradesh, India. This was a sensation in February 2010 and the then Government of Andhra Pradesh went all out to arrest the culprits and jail them. The Hon'ble Home Minister too promised a Fast Track Trial in the case. Recent news was that the possibility of the case ending on a better note is doubtful since the charred remains of a body recovered from the furnace could not be conclusively established by DNA experts as that of the deceased child Vaishnavi. This, if true, is really sad since DNA technology is available to identify victims even if their bodies have got burnt beyond recognition. Police in Surrey UK, have identified the charred remains found in a Surrey ravine in November 2010 as those of 34-year-old Tara Lynn Westgarde. It makes us only wonder that if they can do why can't we? Frankly we can do better but our system of Governance does not allow it to happen.
We can't help drawing comparisons between Aarushi case and this Naga Vaishnavi case since both cases suffer from a common reason and that is 'lack of expertise' on part of prosecution experts. The experts need to realise that their lack of interest in their profession and disinclination to upgrade their working knowledge to the latest developments in the DNA field hampers investigations and lead to dismissal of prosecution of a true case against an accused person. Such developments leads to two fold disadvantage to the society at large. Firstly a criminal gets scot free and a potential killer is let off with a license to commit more heinous crimes on innocents. Secondly the confidence of the relatives of the victims on the Criminal Justice System and law of the land gets eroded due to such closure of the case to the benefit of the accused. Worse can also happen when Police investigating a Crime case may not collect evidence due to their lack of confidence on the DNA experts to give a conclusive evidence.
The expert's duty should be beyond fear or favor. Their are lessons which we need to learn from the 9/11 attack in New York. The attack on the World Trade Center on 9/11/2001 challenged the then current approaches to forensic DNA typing methods. The large number of victims and the extreme thermal and physical conditions of the site necessitated special approaches to the DNA-based identification. Because of these and many additional challenges, new procedures were created or modified from routine forensic protocols. This effort facilitated the identification of 1594 of the 2749 victims. I have always campaigned that in case we cannot develop something new, their is nothing wrong to adopt available technologies, after following due procedure, to reach to a conclusion. However the recent happenings so early this year of 2011 has made so called DNA experts to submit their less than helpful DNA reports without working much on polishing their DNA technologies to help the cases. This kind of approach on part of our DNA experts also points out to their lack of skills and expertise as otherwise a simple search of literature with such advanced technology being available in today's world with respect to searching and retrieving of information can solve so many problems. The DNA world today is boosted by statistical and technological advances such as DNA microarray sequencing, TFT biosensors, machine learning algorithms, in particular Bayesian networks, which provide an effective way of evidence organization and inference.
My call is that those experts processing such cases must consider the way in which to approach the analysis, and then carefully extract and organize samples accordingly, before they decide to give in their report which should benefit the Trier of Justice i.e., the Hon'ble Trial Court Judge. Yesterday it was Aarushi and today it is that of Naga Vaishnavi and tomorrow it could be of someone who is dear to any of us who may disappear from the memory of this World without getting due Justice. We should brace ourselves up so that this should not keep happening again and again and its time to rejuvenate the Forensic DNA System and we cannot allow such lack of expertise of the experts to hamper Criminal Case investigations.
We can't help drawing comparisons between Aarushi case and this Naga Vaishnavi case since both cases suffer from a common reason and that is 'lack of expertise' on part of prosecution experts. The experts need to realise that their lack of interest in their profession and disinclination to upgrade their working knowledge to the latest developments in the DNA field hampers investigations and lead to dismissal of prosecution of a true case against an accused person. Such developments leads to two fold disadvantage to the society at large. Firstly a criminal gets scot free and a potential killer is let off with a license to commit more heinous crimes on innocents. Secondly the confidence of the relatives of the victims on the Criminal Justice System and law of the land gets eroded due to such closure of the case to the benefit of the accused. Worse can also happen when Police investigating a Crime case may not collect evidence due to their lack of confidence on the DNA experts to give a conclusive evidence.
The expert's duty should be beyond fear or favor. Their are lessons which we need to learn from the 9/11 attack in New York. The attack on the World Trade Center on 9/11/2001 challenged the then current approaches to forensic DNA typing methods. The large number of victims and the extreme thermal and physical conditions of the site necessitated special approaches to the DNA-based identification. Because of these and many additional challenges, new procedures were created or modified from routine forensic protocols. This effort facilitated the identification of 1594 of the 2749 victims. I have always campaigned that in case we cannot develop something new, their is nothing wrong to adopt available technologies, after following due procedure, to reach to a conclusion. However the recent happenings so early this year of 2011 has made so called DNA experts to submit their less than helpful DNA reports without working much on polishing their DNA technologies to help the cases. This kind of approach on part of our DNA experts also points out to their lack of skills and expertise as otherwise a simple search of literature with such advanced technology being available in today's world with respect to searching and retrieving of information can solve so many problems. The DNA world today is boosted by statistical and technological advances such as DNA microarray sequencing, TFT biosensors, machine learning algorithms, in particular Bayesian networks, which provide an effective way of evidence organization and inference.
My call is that those experts processing such cases must consider the way in which to approach the analysis, and then carefully extract and organize samples accordingly, before they decide to give in their report which should benefit the Trier of Justice i.e., the Hon'ble Trial Court Judge. Yesterday it was Aarushi and today it is that of Naga Vaishnavi and tomorrow it could be of someone who is dear to any of us who may disappear from the memory of this World without getting due Justice. We should brace ourselves up so that this should not keep happening again and again and its time to rejuvenate the Forensic DNA System and we cannot allow such lack of expertise of the experts to hamper Criminal Case investigations.
10 January, 2011
DNA experts failed Aarushi and misled the CBI
This blog comes after convincing myself, that inappropriate advice and lack of direction from so-called DNA experts of the Centre for DNA Fingerprinting and Diagnostics or CDFD, Hyderabad has led CBI to get placed in such difficult state of affairs in the Aarushi Case. The foremost point of consideration is that the so-called experts were not experienced enough in Forensic DNA testing, but are qualified in Microbiology and Silk Worm Genetics and they do not possess any Forensic Science qualifications. (Read about their expertise at the link: http://cdfd.org.in/inside htmls/staff.html).Simply they are not aware that mixtures of DNA contamination need to be handled by experienced experts and not by any scientist just because he has read genetics. The CBI was grossly misled by the CDFD to believe that “TOUCH DNA TEST” would not be useful in coming to a conclusion. How did the CDFD realise that the samples in the Aarushi case were contaminated without actually testing the crime scene samples. It only goes to show that DNA experts just issued statements like politicians and walked away with it. Therefore CDFD to hide its inability to handle the case further misled CBI to believe that TOUCH DNA TEST would not yield results. The CDFD failed to update its knowledge and infrastructure in DNA Testing which could have helped to generate evidence in the Aarushi Case. I put forth an open challenge to DNA experts to an open debate on this subject because I am sure of my expertise and since I have used Touch DNA test before and its results were upheld by the Hon'ble Apex Court too.
Media reports regarding DNA tests done at Hyderabad reads "The CBI claim comes even as preliminary reports from Hyderabad's Centre for DNA Fingerprinting and Diagnostics, according to sources, suggested that identifying whose blood was on the T-shirt may or may not be possible. Doubts stem from the opinion of experts that separating DNA fingerprints from garment after so many days is not always possible, because red blood cells on the cloth start disintegrating".
(Read more at :The Times of India http://timesofindia.indiatimes.com/city/delhi/CBI-still-has-no-real-proof-in-Aarushi-case/articleshow/3251910.cms#ixzz1Ac9uNYBl)
Nothing can be more unintelligent than this. The whole world knows and even a Middle school child knows today, that DNA can be isolated from extinct Dinosaur fossils which are more than 50 million year old. And our 'EXPERTS' say that 2 month old stain does not yield intact DNA.
In this regard, I request that some investigating authority within the CBI to peruse the case files pertaining to Magunta Subbarami Reddy murder case of Ongole wherein I, as a DNA expert had given a conclusive report by similar testing in 1990’s, despite the samples being contaminated by other human samples. The strong evidence was upheld by the Hon'ble Supreme Court as well, and the accused were sentenced for life.
What CBI did not realise was that different levels of experience and training plays a part in effective mixture interpretation and it is very Scientist specific and frankly CDFD does not have it. Untalented and inexperienced Scientists of India have failed Aarushi. May her soul rest in peace.
Media reports regarding DNA tests done at Hyderabad reads "The CBI claim comes even as preliminary reports from Hyderabad's Centre for DNA Fingerprinting and Diagnostics, according to sources, suggested that identifying whose blood was on the T-shirt may or may not be possible. Doubts stem from the opinion of experts that separating DNA fingerprints from garment after so many days is not always possible, because red blood cells on the cloth start disintegrating".
(Read more at :The Times of India http://timesofindia.indiatimes.com/city/delhi/CBI-still-has-no-real-proof-in-Aarushi-case/articleshow/3251910.cms#ixzz1Ac9uNYBl)
Nothing can be more unintelligent than this. The whole world knows and even a Middle school child knows today, that DNA can be isolated from extinct Dinosaur fossils which are more than 50 million year old. And our 'EXPERTS' say that 2 month old stain does not yield intact DNA.
In this regard, I request that some investigating authority within the CBI to peruse the case files pertaining to Magunta Subbarami Reddy murder case of Ongole wherein I, as a DNA expert had given a conclusive report by similar testing in 1990’s, despite the samples being contaminated by other human samples. The strong evidence was upheld by the Hon'ble Supreme Court as well, and the accused were sentenced for life.
What CBI did not realise was that different levels of experience and training plays a part in effective mixture interpretation and it is very Scientist specific and frankly CDFD does not have it. Untalented and inexperienced Scientists of India have failed Aarushi. May her soul rest in peace.
12 October, 2010
dna4india: How can we believe other DNA reports from FSL, Hyd...
dna4india: How can we believe other DNA reports from FSL, Hyd...: "The recent news about corruption in Hyderabad FSL involving the DNA expert Mr Venkanna, adds to the list of corrupt institutions within Ind..."
22 September, 2010
How can we believe other DNA reports from FSL, Hyderabad
The recent news about corruption in Hyderabad FSL involving the DNA expert Mr Venkanna, adds to the list of corrupt institutions within India. The article and YouTube link is given for you to get updated.
http://www.hydjournal.com/headlineNews.php?id=896
http://www.youtube.com/watch?v=U2f9Rk6bBXY
This is the second episode within 3 months after a Headlines Today expose showed how officials at Lucknow's Forensic Science Laboratory (FSL) are ready to fudge reports in return for money.This is a very disturbing situation and different from other corrupt practises since a fudged report from a FSL can lead to a life and death situation. Further false convictions and undeserved acquittals can also result. Under such circumstances, I wonder whether it would be right on the part of the Judiciary and the persons involved to believe the DNA reports issued from FSL Hyd. Now the criminals would get all the defense to thrash other experts from FSL Hyderabad on this matter. No expert can stand upto a strong cross examination to prove that his or her report was not influenced. It needs a lot of integrity and expertise to do that. My recent article in Criminal Law Journal also mentioned how DNA reports were improperly issued on samples which did not yield any DNA. More over the accused official of FSL Hyderabad has also mentioned that his Joint Director was also expecting money.Imagine that for dispatching the report Mr Venkanna allegedly demanded Rs 12000/- then how much he would have demanded and accumulated for fudging the results and giving false reports. Wish I could cross examine him in any one case and I could bring out more facts from him in the Court. Any amount of explanations made by the FSL Hyd are not sufficient.
All the right thinking persons who are in this medicolegal profession need to impress the Judiciary that all the DNA reports issued under the signature of Mr Venkanna need to put to retest in another laboratory, preferably abroad, to prove that his analysis and reports were not biased. The cost should be borne by the Government because no innocent should go to jail because of such corrupt establishment and officials. In case that is not possible then a decision needs to be taken that further criminal and civil trials should be conducted on other material facts of a case excluding the DNA report of Mr Venkanna.
Please raise a voice against such corruption which is playing with the lives of the innocent and file appropriate petitions in relevant cases to avoid innocents from suffering.
http://www.hydjournal.com/headlineNews.php?id=896
http://www.youtube.com/watch?v=U2f9Rk6bBXY
This is the second episode within 3 months after a Headlines Today expose showed how officials at Lucknow's Forensic Science Laboratory (FSL) are ready to fudge reports in return for money.This is a very disturbing situation and different from other corrupt practises since a fudged report from a FSL can lead to a life and death situation. Further false convictions and undeserved acquittals can also result. Under such circumstances, I wonder whether it would be right on the part of the Judiciary and the persons involved to believe the DNA reports issued from FSL Hyd. Now the criminals would get all the defense to thrash other experts from FSL Hyderabad on this matter. No expert can stand upto a strong cross examination to prove that his or her report was not influenced. It needs a lot of integrity and expertise to do that. My recent article in Criminal Law Journal also mentioned how DNA reports were improperly issued on samples which did not yield any DNA. More over the accused official of FSL Hyderabad has also mentioned that his Joint Director was also expecting money.Imagine that for dispatching the report Mr Venkanna allegedly demanded Rs 12000/- then how much he would have demanded and accumulated for fudging the results and giving false reports. Wish I could cross examine him in any one case and I could bring out more facts from him in the Court. Any amount of explanations made by the FSL Hyd are not sufficient.
All the right thinking persons who are in this medicolegal profession need to impress the Judiciary that all the DNA reports issued under the signature of Mr Venkanna need to put to retest in another laboratory, preferably abroad, to prove that his analysis and reports were not biased. The cost should be borne by the Government because no innocent should go to jail because of such corrupt establishment and officials. In case that is not possible then a decision needs to be taken that further criminal and civil trials should be conducted on other material facts of a case excluding the DNA report of Mr Venkanna.
Please raise a voice against such corruption which is playing with the lives of the innocent and file appropriate petitions in relevant cases to avoid innocents from suffering.
06 September, 2010
DEPOSING EVIDENCE AS A “DNA” EXPERT WITNESS
How can the life of such a man
Be in the palm of some fool's hand?
To see him obviously framed
Couldn’t help but make me feel ashamed
To live in a land where justice is a game,
sang Bob Dylan in his song “Hurricane” not knowing that the same will hold good for the new generation DNA experts deposing evidence in Indian Courts giving false positive results without as much as batting an eyelid. I am not saying this without basis. In one particular case on the file of the District and Sessions Judge Ranga Reddy Court, Andhra Pradesh the DNA expert from the local Forensic Laboratory furnished a report wherein she, in the first page reported that their was no DNA isolated from the Crime scene sample but in the same breath continued on the second page of her report that the DNA profile of the Crime scene sample matched with that of the accused person. Thanks to the Vigilant trial Court Judge that he summoned me as witness and got me examined to bring out the flaw in such crucial evidence. Yet in another case, in Maharashtra, the DNA expert again from the FSL furnished a report wherein he stated in his chief examination that “I draw the conclusion that the blood stains on the shirt of MLC Case no YYYY of X Police Station are of the biological offspring of Mr and Mrs YZA and accordingly I issued the DNA analysis result….”. The irony of the whole DNA evidence was that this expert did not consider that within his own findings there was a mismatch of the DNA at one locus of the biological offspring with that of his alleged parents and the same went against his conclusion. Neither the defense nor the prosecution found this blunder. Further another DNA expert from a prestigious Central Government DNA Laboratory from Hyderabad appeared on behalf of his superior officer in whose name the summons was issued and stated that he does not have knowledge of the details of the case since he did not issue the DNA report in that case and hence the evidence was closed. Here too neither the prosecution nor the Court rose to the occasion to find out why the Senior expert who issued the report did not appear and subsequently the Senior was left scot free at the cost of the prosecution of the guilty and benefit of the defense. I can cite several examples here but lets come to the core issue of mismanagement of DNA science in Criminal Justice System which is nothing but lack of expertise, obligation and proper training to the experts from Government funded laboratories. The Apex Court held in M.C. Mehta V. Kamal Nath & Ors [1996] in SC 1608 that “We cannot cheat on DNA”. Further in Shri Banarsi Dass V. Mrs. Teeku Dutta and Anr [2005] IN SC 285 the Apex Court held that “the High Court should have held that the conclusive DNA test would have provided necessary material for an effective adjudication”. Therefore with the Judiciary relying to such a great extent on DNA evidence it is the bounden duty of all DNA experts deposing evidence in India to perform their duty to the best possible manner and depose the truth in a scientific manner instead of just saying that “X is the accused because of the match with that of the Y which is the crime scene sample”. I therefore place few suggestions below which are the outcome of my 16 years of Court experience deposing DNA evidence which may be of help, to this generation of DNA experts to better their performance during their deposition.
We as DNA experts are Witnesses, who form an essential part of the Criminal justice system and are paid to tell the truth. The testimony of a DNA expert will be given under oath, in open court and is expected to tell the truth, the whole truth, and nothing but the truth.
DNA experts need to do few things before testifying. Check their records pertaining to the case viz., original stock book containing entries of the material objects received by their office pertaining to the case. They need to carry only originals and not photocopies so that they could be got marked as exhibits, if required. Peruse the original file containing all correspondences, acknowledgements, office copy of the report submitted, details of the DNA examinations carried out. Maintain a photocopy of the official correspondence with them and provide the original to be marked as an exhibit in case they are relying on the same and also if allowed by the Court. Original copy of the work record book containing entries of the DNA methods employed at the bench to arrive at the conclusion, which is going to be defended by the expert. The expert needs to establish his credentials especially his qualifications and experience and training as a DNA expert in the first few paragraphs of the Chief Examination. The position of a scientist in a Forensic Laboratory does not mean that he gets automatically qualified as a DNA expert without having the required qualifications, training and experience in the subject of DNA Fingerprinting or testing. There are forensic experts from Forensic Laboratories who have provided DNA reports with results which have contradicted their own findings. DNA Experts should speak of their findings and avoid commenting on findings of other experts.
It has always been my practice to keep a collection of scientific books and latest scientific papers on DNA testing from reputed Forensic Journals with me during deposition to substantiate my evidence. This practice has can convince the Court of scientific principles and methods used to achieve the results. On few occasions I have passed over a collection of popular articles on DNA Testing to the Judge for his knowledge. Further, if possible, loading a media presentation on DNA testing, in general, in a lap top computer would help to detail the technology and a multi media presentation could make things easier. There is a need to contact the Public Prosecutor who has got issued the summons and ask what the Public Prosecutor will inquire about in the course of your testimony. Experts are entitled to know the subject matter, which will be covered in your testimony and prepare accordingly.
Competent evidence is what has been observed on the bench and the note book. In case of making an estimate, such as about allele frequency, paternity index or population statistics, it is essential to clarify what has been estimated. Just saying 99.99998% conclusive and close the statement is not proving the case. It is imperative to say or depose and prove on the floor of the Court as to how that figure of 99.99998% has been arrived. The biggest fallacy many experts today are making is by stating in their deposition that “The statistics in the report establish that Mr X is the biological father to an extremely high degree of certainty”. Establish that degree of certainty with explanation of the statistical value being arrived at is most important and crucial evidence. Marking a copy of the calculations made by to arrive at the statistical conclusions as part of the deposition is very fundamental. The expert needs to inform the Court the details of the observed heterozygosity (Ho), expected heterozygosity (He), power of discrimination (PD), probability of exclusion (PE) and polymorphism information content (PIC) for the loci since that forms the basis of the conclusion of DNA testing.
In conclusion, I can say that our legal system is one of the finest legal system in the world, and depends largely on the testimony of human beings just like yourself. The ideals of our system of justice can be maintained by the continued courage and sacrifice of people who are willing to become witnesses so the system can obtain equal justice for all. Always remember that that we are assisting the Court to arrive at a just conclusion and we are a part of it and not the root of it. Never forget we are under oath.
Be in the palm of some fool's hand?
To see him obviously framed
Couldn’t help but make me feel ashamed
To live in a land where justice is a game,
sang Bob Dylan in his song “Hurricane” not knowing that the same will hold good for the new generation DNA experts deposing evidence in Indian Courts giving false positive results without as much as batting an eyelid. I am not saying this without basis. In one particular case on the file of the District and Sessions Judge Ranga Reddy Court, Andhra Pradesh the DNA expert from the local Forensic Laboratory furnished a report wherein she, in the first page reported that their was no DNA isolated from the Crime scene sample but in the same breath continued on the second page of her report that the DNA profile of the Crime scene sample matched with that of the accused person. Thanks to the Vigilant trial Court Judge that he summoned me as witness and got me examined to bring out the flaw in such crucial evidence. Yet in another case, in Maharashtra, the DNA expert again from the FSL furnished a report wherein he stated in his chief examination that “I draw the conclusion that the blood stains on the shirt of MLC Case no YYYY of X Police Station are of the biological offspring of Mr and Mrs YZA and accordingly I issued the DNA analysis result….”. The irony of the whole DNA evidence was that this expert did not consider that within his own findings there was a mismatch of the DNA at one locus of the biological offspring with that of his alleged parents and the same went against his conclusion. Neither the defense nor the prosecution found this blunder. Further another DNA expert from a prestigious Central Government DNA Laboratory from Hyderabad appeared on behalf of his superior officer in whose name the summons was issued and stated that he does not have knowledge of the details of the case since he did not issue the DNA report in that case and hence the evidence was closed. Here too neither the prosecution nor the Court rose to the occasion to find out why the Senior expert who issued the report did not appear and subsequently the Senior was left scot free at the cost of the prosecution of the guilty and benefit of the defense. I can cite several examples here but lets come to the core issue of mismanagement of DNA science in Criminal Justice System which is nothing but lack of expertise, obligation and proper training to the experts from Government funded laboratories. The Apex Court held in M.C. Mehta V. Kamal Nath & Ors [1996] in SC 1608 that “We cannot cheat on DNA”. Further in Shri Banarsi Dass V. Mrs. Teeku Dutta and Anr [2005] IN SC 285 the Apex Court held that “the High Court should have held that the conclusive DNA test would have provided necessary material for an effective adjudication”. Therefore with the Judiciary relying to such a great extent on DNA evidence it is the bounden duty of all DNA experts deposing evidence in India to perform their duty to the best possible manner and depose the truth in a scientific manner instead of just saying that “X is the accused because of the match with that of the Y which is the crime scene sample”. I therefore place few suggestions below which are the outcome of my 16 years of Court experience deposing DNA evidence which may be of help, to this generation of DNA experts to better their performance during their deposition.
We as DNA experts are Witnesses, who form an essential part of the Criminal justice system and are paid to tell the truth. The testimony of a DNA expert will be given under oath, in open court and is expected to tell the truth, the whole truth, and nothing but the truth.
DNA experts need to do few things before testifying. Check their records pertaining to the case viz., original stock book containing entries of the material objects received by their office pertaining to the case. They need to carry only originals and not photocopies so that they could be got marked as exhibits, if required. Peruse the original file containing all correspondences, acknowledgements, office copy of the report submitted, details of the DNA examinations carried out. Maintain a photocopy of the official correspondence with them and provide the original to be marked as an exhibit in case they are relying on the same and also if allowed by the Court. Original copy of the work record book containing entries of the DNA methods employed at the bench to arrive at the conclusion, which is going to be defended by the expert. The expert needs to establish his credentials especially his qualifications and experience and training as a DNA expert in the first few paragraphs of the Chief Examination. The position of a scientist in a Forensic Laboratory does not mean that he gets automatically qualified as a DNA expert without having the required qualifications, training and experience in the subject of DNA Fingerprinting or testing. There are forensic experts from Forensic Laboratories who have provided DNA reports with results which have contradicted their own findings. DNA Experts should speak of their findings and avoid commenting on findings of other experts.
It has always been my practice to keep a collection of scientific books and latest scientific papers on DNA testing from reputed Forensic Journals with me during deposition to substantiate my evidence. This practice has can convince the Court of scientific principles and methods used to achieve the results. On few occasions I have passed over a collection of popular articles on DNA Testing to the Judge for his knowledge. Further, if possible, loading a media presentation on DNA testing, in general, in a lap top computer would help to detail the technology and a multi media presentation could make things easier. There is a need to contact the Public Prosecutor who has got issued the summons and ask what the Public Prosecutor will inquire about in the course of your testimony. Experts are entitled to know the subject matter, which will be covered in your testimony and prepare accordingly.
Competent evidence is what has been observed on the bench and the note book. In case of making an estimate, such as about allele frequency, paternity index or population statistics, it is essential to clarify what has been estimated. Just saying 99.99998% conclusive and close the statement is not proving the case. It is imperative to say or depose and prove on the floor of the Court as to how that figure of 99.99998% has been arrived. The biggest fallacy many experts today are making is by stating in their deposition that “The statistics in the report establish that Mr X is the biological father to an extremely high degree of certainty”. Establish that degree of certainty with explanation of the statistical value being arrived at is most important and crucial evidence. Marking a copy of the calculations made by to arrive at the statistical conclusions as part of the deposition is very fundamental. The expert needs to inform the Court the details of the observed heterozygosity (Ho), expected heterozygosity (He), power of discrimination (PD), probability of exclusion (PE) and polymorphism information content (PIC) for the loci since that forms the basis of the conclusion of DNA testing.
In conclusion, I can say that our legal system is one of the finest legal system in the world, and depends largely on the testimony of human beings just like yourself. The ideals of our system of justice can be maintained by the continued courage and sacrifice of people who are willing to become witnesses so the system can obtain equal justice for all. Always remember that that we are assisting the Court to arrive at a just conclusion and we are a part of it and not the root of it. Never forget we are under oath.
31 August, 2010
DNA testing for proving innocence too.......
POST CONVICTION DNA TESTING FOR PROVING INNOCENCE:
A thought from Dr G V Rao, DNA Expert in over 1200 cases.
drgvrao@hotmail.com Phone: 9849006955
==================================================================
There is an immense necessity in India USA India
This commission could help identify why wrongful convictions happen and recommend how they can be prevented. This is critical for ensuring public safety and confidence and preventing future wrongful convictions. In many states of USA Independence
This commission should be comprised of highly respected figures and experts from throughout the justice system. We can follow the example of USA
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