Understanding Forensic DNA Testing: There’s Nothing To Fear Eric J. Carita Forensic DNA Consultant DNA 101 Basic Genetics What is DNA? DNA is… Deoxyribonucleic Acid The inherited genetic material that makes us what we are One set of 22 autosomes (plus X) One set of 22 autosomes (plus X or Y) Paternity Testing Two alleles* for each autosomal genetic marker Pattern Comparisons • Between Known & Evidentiary DNA Profiles • Similar to fingerprint comparisons DNA in the Cell chromosome cell nucleus Double stranded DNA molecule Individual nucleotides Base Pairing of DNA Strands Hydrogen bonds 3’ 5’ A=T G C hybridized strands Phosphate-sugar T=A backbone CG A=T A T A T G C C denatured G C 5’ strands 3’G 5’ A=T GC 3’ T=A CG A=T T=A CG CG 3’ GC 5’ Butler, J.M. (2001) Forensic DNA Typing, Figure 2.2, ©Academic Press Mendel’s Ist Law—Equal Segregation During the formation of gametes (sperm & egg), the two members of a gene pair (allele) separate into the gametes, so that half of the gametes carry one allele and half carry the second allele. We inherit half of our nuclear genes (one allele from each locus) from each parent. Mendel’s 2nd Law—Independent Assortment During gamete formation, the segregation of one gene pair is independent of other gene pairs. Thus, the segregation of alleles at one locus is independent of the segregation of alleles at other (unlinked) loci. Source of tremendous genetic variation that can be exploited for forensic purposes. Human Genome ~3 billion base pairs of DNA 30,000-35,000 genes Population-each gene has multiple forms Allelic variation-basis of forensic DNA typing Dozens of polymorphic loci validated for forensic use DNA - Unique, Yet the Same 1. Of the 3,000,000,000 DNA bases, about 0.3% is not conserved: ~1 million bases 2. Forensic STR analysis looks at the length of 13-15 areas of DNA. Characteristics of DNA • DNA is inherited from parents (half from mother, half from father). • No two individuals have the same DNA profile; except for identical twins. • Genes have multiple forms. This variation is the basis of forensic DNA typing. Forensic Science: the application of natural sciences to matters of the law. Criminalistics: The recognition, identification, individualization, and evaluation of physical evidence using the methods of the natural sciences in matters of legal significance. Forensic DNA Testing is Nothing Just Just like CSI! DNA Casework 1. Forensic Analysis (Criminal). -179 labs conducting DNA analysis in 50 states. ~ 40,000 cases/year received. ~25,000 analyzed. ~80% sexual assaults. 2. ~30% of the time the suspect is excluded by DNA. 3. ~ 300,000 paternity cases per year. Where can we get DNA from? Sources of Biological Evidence • • • • • • • • • Blood Semen Saliva Urine Hair Teeth Bone Tissue All cells – except RBC Other Possible items for DNA Testing: 1. cigarette butts 2. gloves, bandanas, ski masks, baseball caps general clothing 3. condoms (inside vs. outside) 4. stains on furniture, pillows, sheets 5. hair clips, lipsticks 6. letters, envelopes, and stamps 7. plant and animal sources of evidence Locard’s Principle of Exchange Anytime there is contact between two surfaces, there will be a mutual exchange of matter across the contact boundary Transfer of DNA Evidence • Locard’s Theory • Biological fluids – Saliva – Semen – Blood • Epithelial (Skin) Cells – Touch DNA – Fingerprints • Primary vs. Secondary Transfer – Dependent upon the source of DNA How much do you need? What we need today “Touch DNA” What is Touch DNA? 1. 2. 3. 4. DNA left on evidence by the “handler”. Usually no visible stain. Usually very small amounts of DNA are deposited. Significant increase in number of touch DNA cases in last 2 years. Associated with many crimes including: Property Crimes Threatening letters Robbery Homicide Assault/Sexual Assault Vandalism Common Sources of Touch DNA From Hands: Gloves Knife handles Weapon handles Firearm grips Plastic bag handles Steering Wheels Rope Shoe laces Electrical cords Common Sources of Touch DNA continued… Wearer: Baseball caps Sweatbands Shirt/jacket collars Socks Waistbands of pants Eyeglasses * Mixtures v. Single Source TOUCH DNA CASES Commonly swabbed areas Counter * NY hat * Gun * TOUCH DNA EVIDENCE : WHAT DOES IT MEAN…….? Shows linkage or association but…. • DNA recovered from an object may not be from the last person to touch it. Factors include: -Length of contact -Good cell shedder or not -Vigorous contact vs. incidental • DNA profiles recovered from touch evidence are often mixtures – multiple individuals -Elimination known(s) -Lawful owner -Crime scene personnel, officers COLLECTION OF TOUCH DNA FROM EVIDENCE When: - At the Crime Scene by Law Enforcement (e.g. door knobs, counters, windows) - Forensic Laboratory by analyst (if other testing is needed) Where: - Areas of contact (e.g. grips, slide, trigger, magazine, cartridge cases; fired vs. unfired) - Any touched object… (but be cautious regarding objects accessible to the general public) DNA Profiles from Weapons and the DNA Database The weapon must be associated with a crime - seized vs. surrendered. The weapon cannot be seized from the suspect’s person or property. Cannot use a “possession” sample as an alternate way to get a suspect’s known profile into the DNA Database. TOUCH DNA EVIDENCE : COLLECTION SUGGESTIONS……. Proper collection of “touch” DNA evidence: Collection protocol: -Wear latex gloves (change frequently) -Disposable face masks/supplies - Clean instruments with bleach and alcohol How : -Swab using sterile swab/solution Collection of Touch DNA Evidence 1. Contamination is a significant possibility. 2. Impact of contamination is false exclusion of suspect or artificial mixtures. How to minimize: Gloves, Masks, Disposable Instruments, procedure (no talking over evidence!!!) Identification of Contamination: Know the DNA profiles of: First Responders, Major Crime Squads, and Laboratory Personnel Forensic DNA Testing How do we go from this . . . . . . To this? Evidence Collection With increasingly sensitive DNA tests, proper collection protocols are more critical. Standard measures: Gloves, disposable supplies, etc. consider masks—especially for low yield samples. Clean any non-disposable instruments with bleach and alcohol. Elimination swabs from people at the scene answers standard defense question. Collect evidence to avoid/minimize mixtures especially with certain samples. DNA in the Cell chromosome cell nucleus Double stranded DNA molecule Target Region for PCR Polymorphic Region DNA Amplification with the Polymerase Chain Reaction (PCR) 5’ 3’ 5’ 3’ 3’ 3’ 5’ 5’ Starting DNA Template Separate strands (denature) Forward primer 5’ 3’ 5’ 3’ Make copies Add primers (extend primers) 5’ (anneal) 3’ 3’ 5’ Reverse primer PCR Copies DNA Exponentially through Multiple Thermal Cycles Original DNA target region Thermal cycle In 32 cycles at 100% efficiency, 1.07 billion copies of targeted DNA region are created Short Tandem Repeats (STRs) AATG 7 repeats 8 repeats Repeat number varies between alleles. PCR primers bind to flanking regions that are constant. Homozygote = Two copies of same allele. Heterozygote = Two different alleles. Multiplex PCR • 15 STR Markers Can Be Amplified in 1 reaction. • Sensitivity = less than 250 pg of DNA. • Ability to Handle Mixtures and Degraded Samples. • Different Fluorescent Dyes Used to Distinguish STR Alleles with Overlapping Size Ranges. Example of Forensic STR Multiplex Kit AmpFlSTR® Identifiler™ Kit available from PE Biosystems (Foster City, CA) 200 bp 100 bp 300 bp 400 bp Color Separation Size Separation D8 D21 D3 THO1 D13 D19 vWA TPOX A D5 D7 CSF D16 D2 VIC NED D18 FGA FAM-6 FGA PET 15 STRs amplified along with sex-typing marker amelogenin in a single PCR reaction. LIZ LIZ-internal lane standard Fluorescent STR Analysis -Fluorescent dye tags on the primers -Visualize emitted light with a digital camera. -Collect and analyze data with computer. Capillary Electrophoresis B. E. A. C. D. D. A. Capillary Array B. Polymer Delivery Pump C. Pump block D. Buffer reservoirs E. Detection Block (camera) Forensic DNA Analysis Forensics: Pattern Comparisons Forensic DNA Analysis Evidentiary DNA profile(s) are generated from samples submitted to Forensic Lab. Known profile(s) of suspect/victim (blood or buccal) are compared to DNA profiles from instant case. Evidentiary profiles entered into CODIS database. Suspect’s profile is not entered into CODIS database. DNA MIXTURES •Common in Forensic DNA testing. Sexual Assault samples-intimate swabs, clothing. •Mixtures of victim & suspect(s). -How many people? -Previous consensual partners? -Contamination: scene, collection, lab? •Mixture not always detected at all tests. DNA DNA Profile Profile Detection Detection Profile ProfileAADetected Detected Factors: Factors: 1. 1. Quantity Quantityof of DNA DNA 2. 2. Quality Quality of of DNA DNA Profile Profile BB Detected Detected Mixture Detection? 25:1 Only Profile B Detected Factors: 1. Quantity 2. Quality 3. Ratio 1:1 Profiles A and B Detected Stochastic Fluctuation •Stochastic = chance. •Result of PCR founder effect and chance allele sampling. If you amplify small amounts of DNA (LCN PCR), can see stochastic effects. The Meaning of a DNA Match? 1. Person A is the source of the DNA profile from the evidence. 2. The identical twin of person A is the source of the DNA profile. or 3. Another person who coincidentally has the same profile as person A is the source of the DNA profile from the evidence. = the random match probability DNA Conclusions 1. Included – source or contributor 2. Excluded – source or contributor 3. CBE – source or contributor 4. Inconclusive 5. Insufficient data Y-DNA Typing Y Chromosome Testing • Paternal inheritance. • Detects male component of a mixture. • Less discriminating than standard DNA testing. Statistics = counting method (linkage). • Important for detecting the semen donor in sexual assault mixtures. When to Use Y-STR Testing • Sexual assaults by vasectomized or azoospermic males (no sperm left behind for differential extraction) • Extending length of time after assault for recovery of perpetrator’s DNA profile (greater than 48 hours) • Male-female mixtures • Other bodily fluid mixtures (blood-blood, skin-saliva) • Gang rape situation to include or exclude potential contributors • When you want to double the amount of DNA for the PCR Reaction. Y-STRs “detects male component of a mixture” SCENARIO #1 SCENARIO #2 F F F F F Y-STRs X:Y = 30:1 X X X X X X X X X X X X X X X X X X X X X X X X X X X Y X X X Y Profile Detected Disadvantages of the Y-Chromosome • Loci are not independent of one another and therefore rare random match probabilities cannot be generated with the product rule; must use haplotypes (combination of alleles observed at all tested loci) • Paternal lineages possess the same Y-STR haplotype (barring mutation) and thus fathers, sons, brothers, uncles, and paternal cousins cannot be distinguished from one another • Not as informative as autosomal STR results – More like addition (10 + 10 + 10 = 30) than multiplication (10 x 10 x 10 = 1,000) Forensic Advantages of Y-STRs • Male-specific amplification extends range of cases accessible to obtaining probative DNA results (e.g., fingernail scrapings, sexual assault without sperm) • Technical simplicity due to single allele profile; can potentially recover results with lower levels of male perpetrator DNA because there is not a concern about heterozygote allele loss via stochastic PCR amplification; number of male contributors can be determined • Courts have already widely accepted STR typing, instrumentation, and software for analysis (Y-STR markers just have different PCR primers) • Acceptance of statistical reports using the counting method due to previous experience with mtDNA • Double the Genomic DNA within the PCR Amplification reaction. A Haplotype • Although 17 loci are typed • They are linked and are treated as one “super” locus • A haplotype essentially is an allele • The more alleles at a locus, generally the lower the effect of substructure on statistical calculations Y-STRs can permit simplification of male DNA identification in sexual assault cases No signal observed Female Victim DNA Profile Male Perpetrator DNA Profile DNA Profile from Crime Scene Autosomal STR Profile Y-Chromosome STR Profile Butler, J.M. (2005) Forensic DNA Typing, 2nd Edition, Figure 9.2, ©Elsevier Science/Academic Press ( p)(1 p) p 1.96 N p2 + 2pq + q2 =1 1/N 1- Forensic DNA Statistics AA + 2AB +2AC+ BB+ 2BC + CC = 1 P = .5 x .5 x .5 x .5 x .5 = 1/32 STR Allele Frequencies 45 Frequency (%) 40 35 Locus: TH01 30 Caucasians (N=427) Blacks (N=414) Hispanics (N=414) 25 20 15 10 5 *Proc. Int. Sym. Hum. ID 0 (Promega) 1997, p. 34. 6 7 8 9 9.3 Number of repeats 10 The Meaning of a DNA Match? 1. Person A is the source of the DNA profile from the evidence. 2. The identical twin of person A is the source of the DNA profile. or 3. Another person who coincidentally has the same profile as person A is the source of the DNA profile from the evidence. = the random match probability Random Match Probability Is not: Defense Fallacy. A) Therefore, everyone else with the same genotype has an equal chance of being guilty. B) Therefore, every possible genotype in a mixture has an equal chance of having committed the crime. Random Match Probability Is not: Prosecutor’s Fallacy. A) There is only a 1 in 100 million chance that the DNA profile came from someone else. B) There is only a 1 in 100 million chance that the defendant is not guilty. RMP is not: 1. The probability that someone else is guilty. 2. The probability that someone else left the DNA. 3. The probability that the defendant is not guilty. United States Court of Appeals, 9th Circuit (Troy Don Brown v. Farwell and State of Nevada) Statements of the DNA Analyst: 1. 1 in 3 million randomly selected people would match the DNA found in victim’s underwear. 2. 99.99967 percent chance that the DNA found in the underwear was from Brown. Source probability ≠ Random match probability. Combined Probability of Inclusion Calculations in DNA Mixtures Definition Combined Probability of Inclusion calculation estimates the portion of the population that would be expected to be included as possible contributors to an observed DNA mixture (i.e. all alleles from individual observed in the DNA mixture profile). Calculation of CPI estimates requires no assumptions about the number or identity of contributors individuals. CPI estimates are generally thought to be conservative. Calculation to Convey to the Court • A Y STR haplotype (evidence sample) is searched in a reference database(s) of unrelated individuals • The number of times the haplotype is observed in a database and divided by total samples in the database • The size of a database can be and is often limited • With databases (e.g., n = 100 to 3000), many possible haplotypes will not be observed and there will be sampling error Likelihood Ration • 60,000 times more likely that it’s the suspects DNA profile mixed with two unknown persons as compared to three unknown individuals • Makes assumptions to the number of contributors. • Primarily used in Europe • Very few labs use the LHR in the United States (3) • Valid & Reliable…but is it the Best stat to use??? Math in the Courtroom • “Mathematics, a veritable Sorcerer in our computerized society , while assisting the trier of fact in the search for the truth, must not cast a spell over him.” -People v. Collins, 438 P. 2d 33, Cal. 1968 ___________ • Trial by Mathematics, L. Tribe, 84 Harv. L. Rev.1329: • “directness and precision may overshadow basic concepts and fundamental bases of the trial system.” • “significance, appropriateness, and dangers of mathematical proofs may depend dramatically on whether such proof is meant to bear on occurrence, identity, or frame of mind.” __________ • “Without the probability assessment, the jury does not know what to make of the fact that the patterns match: the jury does not know whether the patterns are as common as pictures with two eyes, or as unique as the Mona Lisa.” - US v. Yee, 134 FRD 161, 181 (ND Ohio, 1991) “We … hold that DNA evidence is only admissible when both the evidence of a match and the statistical significance of the match are admissible. Thus we reject the State’s overly simplistic argument that statistics go simply to the weight, not the admissibility of the DNA matching evidence.” State of Michigan Court of Appeals, People v. Coy II. Calhoun Circuit Court, LC No. 98-001925 FC. November 17, 2000. LCN PCR Testing What is LCN? 1. < 100 pg amplifications 2. < 200 pg amplifications 3. Additional PCR Cycles (32-34 vs. 28) 4. Multiple amps of same sample – composite profiling 5. Post PCR cleanup – remove ions for CE injection 6. Nested PCR (2 rounds of PCR) Budowle, et al. Validity of Low Copy Number Typing and Applications to Forensic Science, Croat. Med J. 2009; 50: 210-17 fig. 3 LCN - Uses Budowle, et al. Validity of Low Copy Number Typing and Applications to Forensic Science, Croat. Med J. 2009; 50: 210-17 fig. 2 Common Challenges to LCN 1. Not Generally Reproducible 2. Confidence: Contaminant v. True profile 3. No Universal Interpretational Guidelines - Drop-in, Drop-out, Increased Stutter, Stochastic Effects, Heterozygote Peak Height Imbalance, Controls, etc. 4. Not Generally Accepted w/in Forensic Comm. 5. NDIS – Does not accept profiles from “LCN” samples General Defense Challenges 1. Interpretation - Included v. Exclusion v. CBE v. Inconclusive 2. Statistics - 95% CI, CPI, Major/Minor SS stat 3. Collection 4. Procedure / Methodology - Admissibility (Daubert, Frye, etc.) - Reliability, Validity, Reproducibility, General Acceptance within the Relevant Scientific Community, etc. 5. Primary v. Secondary Transfer 6. Possible logical scenarios for DNA being on a piece of evidence What You Will Need Forensic Links www.dnaresource.com (Smith Alling Lane) www.denverda.org www.cstl.nist.gov/div831/strbase www.ndaa.org/apri/index.html www.fbi.gov/hq/lab/fsc/current/index.htm (Forensic Science Communications) www.fbi.gov/hq/lab/html/codis1.htm (CODIS Database) www.ornl.gov/sci/techresources/ Human_Genome/elsi/forensics.shtml www.dnapolicy.net www.scientific.org www.corpus-delicti.com/forensic_fraud.html www.nlada.org/Defender/forensics/for_lib/Index/DNA#DNA Any Questions… Eric J. Carita Forensic DNA Consultant 83 Kapitulik Rd North Grosvenordale, CT 06255 1-860-377-4067 ejcarita@yahoo.com