Of course, the evolution of DNA typing superseded blood typing and secretor status, which likely explains why wrongful conviction cases involving forensic serology took place prior to the mid-1990s. Now consider the same scenario, but instead of matching blood, a shoe impression is found at the scene. [14] Some labs have closed because of a lack of quality control the Detroit crime lab in 2008, the Nassau County (NY) crime lab in 2011, and the St. Paul (MN) police crime lab in 2012. Bradley Robert Edwards was found guilty Thursday of murdering 23-year-old childcare worker Jane Rimmer in 1996 and 27-year-old lawyer Ciara Glennon in 1997. If approved, he would receive the money in a lump sum. Mr. Harris filed a restraining order against Ms. Cheek and requested full custody of her two daughters. That was the case for Horace Roberts, 60, who was released from a California prison on Oct. 3 after DNA evidence exonerated him in the 1998 killing of his former girlfriend and co-worker. Another consideration is that people shed DNA at different rates. That changed the whole dynamic of the case.". In the 133 DNA exoneration cases, 55 percent of the exonerees are African American, 38 percent are Caucasian, and 7 percent are Hispanic. Yes. The Importance of DNA in Sexual Assault Cases. The key evidence used in convicting him was ballistics evidence linking him to the crime scene. Investigators have been . The test results said Gould was the guy. And even full profiles may match with a person other than the culprit. One of the greatest tragedies in the criminal justice system is the conviction of a person for a crime he or she did not commit. Mr. Semanchik did not give up. Share sensitive information only on official, secure websites. The researchers found that the majority of these undergraduates failed to detect errors in statistical arguments and made judgements based on fallacious reasoning.. [note 7] See https://www.nist.gov/topics/forensic-science/about-osac. By that, I mean the presence of a medulla, which is the center portion of the hair, the color, the diameter. In this particular case, the DNA analysis was used to confirm a . After forensic genealogy was used to finally nab the Golden State Killer the year prior, law enforcement officials were becoming increasingly aware of the potential to use that technology to solve cold cases even decades-old cases like Kalitzke and Bogle's. One afternoon, Mr. Roberts was waiting for Ms. Cheek to pick him up with his truck to go to work. And it was not for lack of trying: Early on in the case, investigators followed numerous leads, but none of them panned out. And what it can and cant reliably prove in court needs to be much clearer. Advertisement Years ticked by, and the evidence in the Jones case remained tucked away. When he was questioned by the police soon afterward, Mr. Roberts denied the affair. As a root cause, malfeasance can have a pervasive effect on the entire system and jeopardize other mitigating factors that might normally help identify potential errors during the investigation and prosecution stages. But in fact, the caretakers eczema resulted in more DNA being deposited there over a shorter time period. Not only are these insufficient, but they are also inappropriate. No ones ever going to bring her back, she told CNN affiliate Channel 9. Collins and J. Jarvis, The Wrongful Conviction of Forensic Science. Forensic Science Policy & Management, 1, no. In 1999, Mr. Roberts was found guilty of second-degree murder and sentenced to 15 years to life in the killing of Terry Cheek, a co-worker he had supervised at Quest Diagnostics and with whom he had been having an affair. Police responded on December 19, 2018, to a . Police often rely on DNA evidence to help solve crimes, while prosecutors rely on it to hold alleged criminals accountable under the law. Q: For example, is it unusual for the hair of white Caucasians to be consistent with each other? Q: All you can say is that its not impossible that theyre from the same source, isnt that correct? We're essentially going backwards. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); National DNA databases, then, present some ethical quandaries. A: No. It happens almost every week: Police reveal that DNA technology has helped them crack a decades-old case or identify an infamous serial killer like Jack the Ripper. [note 2] See http://www.innocenceproject.org. Note: Data are based on 133 cases of wrongful conviction listed by the National Registry of Exonerations, 1974-2016. Realistically, then, DNA profiles should only be thought of as being likely to have come from a specific individual. Additionally, DNA technology is becoming more and more sensitive, but this is a double-edged sword. It is often an important tool in achieving justice for survivors of sexual assault. See NIJ Listening Sessions with Victims and Exonerees of Wrongful Conviction. There is also a need to show that the suspect wore the shoe when the crime was committed. Crime cases have not always used DNA testing to solve criminal offenses. But their love story was brutally cut short by the actions of a killer whose identity would not be revealed for more than 60 years. DNA evidence helps convict man of killing two women in one of Australia's most notorious cold cases A detailed analysis of exoneree demographics and their relationship to crime type and contributing factors or whether victimology influences investigations, prosecutions, and jury decisions in erroneous convictions was not the subject of this report, but it might prove an interesting area for future research. The next day brought another disturbing discovery: A county road worker found 16-year-old Patricia Kalitzke's body in an area north of Great Falls, the paper reports. Figure 2 shows the relationship when forensic science is cited as a contributing factor along with other contributing factors inadequate legal defense, perjury or false accusation, false confession, official misconduct, and mistaken witness identification. When you are in prison, you do not know if you will ever get out., Mike Hestrin, the Riverside County district attorney, said in a statement: What happened to Mr. Roberts is tragic. He added, Once I learned of the new DNA findings, I immediately directed that all charges be dismissed.. Lee Rimmer welcomed Thursdays verdict, saying the outcome ended more than two decades of not knowing what happened to her sister. Gerry LaPorte is the Director of NIJs Office of Investigative and Forensic Sciences. A .gov website belongs to an official government organization in the United States. Q: The hair on the brown shirt, thats consistent with the D-12 standard. The authorities showed him a photo of a watch found at the scene that they believed belonged to him. "My first impression was that the only way we're gonna ever solve this is through the use of DNA," Kadner said. On Wednesday, Ms. DeJac walked out of the Erie County courthouse free, and the first woman in the United States to have her conviction for killing someone overturned based on DNA evidence. It has nothing out of the ordinary or unusual that would make it rare or anything like that. I went and had me a Southern-style breakfast, Mr. Roberts said. Lynette White was murdered in 1988. A: Thats right. Clippings from the Great Falls Tribune were part of the Cascade County Sheriff's Office investigative file into the 1956 murders of Patricia Kalitzke and Lloyd Duane Bogle. It is often used to try to convict defendants or even exonerate persons who have been wrongly accused or convicted of a crime. Pattern evidence may be additional identifiable information found within an impression, such as the examination of shoeprint evidence to identify a particular brand, model, or size (class characteristics). Then theres the uncomfortable and inconvenient truth that any of us could have DNA present at a crime sceneeven if we were never there. The attorneys at The Law Offices of Hoskins and Penton, P.A. [1] Additionally, they may also have long-lasting negative effects on the witnesses, investigators, lawyers, judges, and other criminal justice professionals involved in erroneous convictions. Instead, multiple failures in the process can lead to a negative outcome. Even more pervasive, references to wrongful convictions in the popular media do not cite scholarly articles and often rely on other media articles and unverified sources. 8 minutes. Dallas County has the highest number of DNA exonerations thus far . Official websites use .gov In the Scottsdale case, the investigation was much more precisely targeted. While DNA has been used to convict criminals for decades, DNA does not guarantee that the person found guilty actually committed the crime. Collins and J. Jarvis, The Wrongful Conviction of Forensic Science. Forensic Science Policy & Management, 1, no. I n 1992, Barry Scheck and Peter Neufeld started the Innocence Project as a legal clinic at Benjamin N. Cardozo School of Law. There was no physical evidence to suggest Green committed the assault, so he was sentenced to 75 years in prison. Nonetheless, the use of forensic science has also been linked with wrongful convictions in past cases and characterized in the media and legal reviews as faulty, misleading, and junk science. Forensic science when incorrectly perceived as a single discipline causes observers to conflate matters and acquire their own misperceptions about all forensic science disciplines. DNA from a razor used by Arthur Rudy . Timothy Durham was convicted of rape when a test showed his DNA genotype matched the DNA recovered from a crime scene. Q: What is it about the hair that makes it possible to distinguish it from other hair? However, there are some critical lessons that forensic scientists can take away from these findings. The goal was to add Mr. Roberts to the list of 362 people who have been exonerated by DNA evidence since Gary Dotson, the first such exoneree, was freed in 1989, according to data from the Innocence Project, a nonprofit based in New York that is separate from the California Innocence Project. A: No. [note 11] J.M. I had sausage, biscuits over gravy and hash browns, he said. Understanding DNA Evidence in Criminal Cases. Moreover, we do not have all of the details or full transcripts from the evidence and testimony presented at trial, which may further inhibit our understanding and bias our opinions. JSTOR is a digital library for scholars, researchers, and students. But when they use terminology such as consistent with, similar to, and cannot be differentiated qualitative terms that forensic scientists often use to avoid making conclusive statements that two or more items are not from the same source may be interpreted differently by courts and juries when used in a certain context and not fully explained. The first criminal case investigated with the assistance of DNA analysis took place not far from the birthplace of this genetic breakthrough. Often, the person who's wrongly convicted of a serious crime, such as murder or rape, has a criminal record for petty crimes, which means a record . (p 22) Read the notes from the listening sessions. All Rights Reserved. David Butler has every right to be cynical about the use of DNA evidence by the police. Beeman's attorneys argue that DNA evidence could shed more light on a crime with multiple suspects, no eyewitnesses, and a confession Beeman claims was coerced by police. Table 1 lists information on the 24 discrepant cases. Journalists are constantly being reminded that correlation doesnt imply causation; yet, conflating the two remains one of the most common errors in news reporting on scientific and health-related studies . ( p 21-22) As at 31 July 2006, 183 people have been exonerated in the United States due to DNA analysis. The NYC Medical Examiner's office ("ME") reviewed the DNA analysis procedure in a burglary case that was the only evidence used to charge Darrell Harris with the crime. Forty-two (55 percent) of these exonerees were African American, 28 (37 percent) Caucasian, and 6 (8 percent) Latino. DNA as an Exoneration Tool. First convicted Death Row inmate whose conviction was overturned using DNA evidence . One of the most pervasive fictions, says Phillips, is that DNA found at a crime scene is de facto proof of guilt. During Kalitzke's autopsy in 1956, coroners had taken a vaginal swab, which had been preserved on a microscopic slide in the years since, according to the Great Falls Tribune report. The mixup was due to a careless mistake in the lab, in which a plate used to analyze Scotts DNA from a minor incident was accidentally reused in the rape case. Here are portions of the cross-examination: Q: Ms. Culhane, is it possible to prove identification by hair analysis? Therefore, all forensic disciplines need to clearly define the language they will use and be cognizant of potential misinterpretation by nonscientists. [note 8]See http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4802. Young, Predicting Erroneous Convictions: A Social Science Approach to Miscarriages of Justice, Final Technical Report, NCJ 241839 (Washington, DC: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, 2013). One of the greatest tragedies in the criminal justice system is the conviction of a person for a crime he or she did not commit. In 1986, two murder cases that included evidence of sexual assault were solved in the United Kingdom, specifically in Leicestershire. [note 17] See ABFO ID and Bite Mark Guidelines. With the help of partnering labs, forensic genealogists are able to use preserved samples to create a DNA profile of the culprit and then use that profile to search public databases for any potential matches. DNA evidence linking Idaho murders suspect Bryan Kohberger to the crime was of extreme importance to bring the case to trial, a prominent criminal defence attorney has said. Dna Testing In Rape Cases Law Essay. If a tool-mark impression reveals that a screwdriver was used to force open the window, and DNA is recovered from a screwdriver found at the scene that does not belong to the homeowner, thats incriminating. By searching public records (such as death certificates and newspaper clippings), forensic genealogists are then able to construct a family tree that can point them right to the suspect, even if that suspect has never provided their DNA to any public database. Here is our list of 10 of the most interesting cases where convicts walked free because of DNA evidence. Henry McCollum and Leon Brown. Throughout this long, tragic ordeal, Western Australia has grieved with you.. Prosecutors use DNA not only to find and convict the guilty, but to exonerate the innocent. DNA should be tested in older rape cases, because many innocent people have spent the majority of their . Since 1989, 273 people have been released from prison after DNA evidence proved their innocence, according to the Innocence Project, a national organization whose primary goal is to help exonerate the wrongly convicted. Erroneous convictions, like most catastrophic mistakes in the criminal justice system, are rarely caused by a single identifiable act or weakness. He was immediately met with the daunting task of digitizing the expansive case file, an endeavor that took months. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. It appears Ms. Cheek was fighting back and got some DNA on her right-hand fingernails, Mr. Semanchik said. NRE identified official misconduct at various levels not just forensic science malpractice in 77 of the 133 cases. Forensic science professionals strive to convey their findings accurately and reliably. I could not believe it was me walking out of prison, Mr. Roberts said in an interview on Tuesday. 375 DNA exonerees to date. The British Journal of Criminology, Vol. Eye witnesses testified that Durham was in a different state at the time of the incident, but he wasn't exonerated from his 3000 year sentence until follow up DNA analysis showed that the preliminary forensic analysis used in the trial was misinterpreted (Thomas et al. 10. In most cases, those profiles can end up linking to distant relatives of the culprit say, a second or third cousin. His lawyer insisted on more DNA tests, which exonerated him. In addition, DNA evidence had entered the realm of criminal investigation in a parallel case in England, where Colin Pitchfork was accused of the rape and murder of two young girls. This type of evidence may be perceived differently and could potentially result in a scenario that causes investigators and prosecutors to seek more evidence. In criminal investigation, DNA evidence can be a game-changer. "So they feel confident enough based on what they found either there or at the transfer station or at the house itself," Geragos said, adding that "one of the worst facts is how to dispose of a 115 . "Give them some closure.". One such investigator was Detective Sgt. Number of Exonerations (Year of Conviction) (. The only way to prove his guilt or his innocence was to test the DNA of his remaining relatives. It is most important for forensic scientists to understand that the work we do and the conclusions we reach either in forensic reports or testimony have lasting effects on peoples lives, so we must pursue every effort to understand and identify our weaknesses. Match a suspect's DNA to DNA found at the scene of a crime and it . 2 (2010): 10-22, and S. Armour, Wrongly Convicted Walk Away With Scars, USA Today, October 13, 2004, at 1A. Telling a jury it is implausible that anyone besides the suspect would have the same DNA test results is seldom, if ever, justified, the report states. It was January 1980 when 21-year-old Helene Pruszynski was found raped, bound and stabbed to death in an empty field. When the three men first imprisoned for her murder were found to have been wrongfully convicted, it seemed that her killer would go unpunished. Did you encounter any technical issues? The extracted DNA matched Joseph Michael Simpsonand he was arrested for the crime. As a subscriber, you have 10 gift articles to give each month. , understand how DNA evidence can be used for or against you. 1 (2009): 1731. Over the years, the American Board of Forensic Odontology (ABFO) has changed its guidance for associating bite mark impressions. Forensic scientists need to demonstrate core competency in the use of and interpretation of statistics. NIJ has contributed considerably to advances in DNA technology and forensic DNA analysis; as a result, our nations forensic laboratories have adopted new methods and technologies over the past two decades. That is to say that there was a mystery as to who had taken the three victims.. DeSalvo was killed while in prison, so they were unable to test his DNA. The idea was simple: if DNA technology could prove people guilty of crimes, it could also prove that people who had been wrongfully convicted were innocent. Edwards will be sentenced on December 23, Channel 9 reported. The examiner concluded that the third questioned hair found on the shirt was consistent with the victims hair; however, the examiner then explained that a microscopic hair comparison is not a method that can be used to identify the actual source of a questioned hair. He is eligible for the state to compensate him $140 for each day he was in prison, which would add up to just over $1 million. If we cross-reference the same 157 cases on the National Registry of Exonerations' (NREs) website a project that collects information about all known exonerations from 1989 to the present[5] we find some inconsistencies in how the Innocence Project and NRE classify forensic science as a factor, making it challenging to reconcile the data. The victim also stated that Cameron, whom she knew, was the person who committed the crime. A few days later, her body was found. An official website of the United States government, Department of Justice. Humans are thought to have DNA that is 99.9% identical, but the remaining 0.1% makes us individuals, marking us out as unique. It was a bittersweet revelation: They were grateful for answers, but for many of the older people in the family, it was a struggle to have those wounds reopened. When law enforcement investigates a case of sexual violence, DNA evidence can make or break the outcome. A study cited in an earlier version of this article is no longer available for free on JSTOR. With the US population exceeding 330 million people, that seemingly small group contains 9.9 million individuals. [note 16] See ABFO Bitemark Methodology Guidelines (pdf, 11 pages) . He was jailed for life after killing two schoolgirls in Leicestershire in 1983 and 1986. The verdict came after a seven-month judge-alone trial of the case which has continued to loom large in the minds of residents of Perth, in the state of Western Australia. A: Yes. The listening sessions were powerful and overwhelming, and the themes that emerged demonstrate the critical need for criminal justice systems to address the unique and largely unmet needs of original victims and exonerees of wrongful convictions. Generally, the more closely related we are to someone, the more similar our DNA will be to theirs. Forensic science is continually evolving, and sometimes fresh evidence helps to crack old cases. The past decade has seen great advances in a powerful criminal justice tool: deoxyribonucleic acid, or DNA. Krystal Beslanowitch was a seventeen-year-old girl who was killed in 1995. The first criminal caught using DNA fingerprinting (England), using the DNA profiling method published in 1985 by Sir Alec Jerreys. DNA evidence can also provide convincing evidence of a person's innocence. Further, the NRE website lists a total of 1,944 exonerations since 1989 (this includes both non-DNA and DNA exonerations), and improper forensic science is cited in 24 percent of all exonerations, not just DNA exonerations such as those reported by the Innocence Project. Q: Is it unusual for hair from different people to be consistent with each other? Forensic DNA evidence has been a game-changer for law enforcement, but research shows it can contribute to miscarriages of justice. One effective strategy to reduce misconduct is through a rigorous laboratory accreditation program that includes numerous checks and balances. Colin Pitchfork was the first man convicted of murder on the basis of DNA evidence. DNA evidence can provide powerful evidence in support of a prosecution case. DNA can be used to identify criminals with incredible accuracy when biological evidence exists. "It's really fantastic technology and it's going to solve a lot of cold cases," Singer said. Prosecutors did not immediately respond to questions about the younger Mr. Harriss involvement in the case. Police matched his DNA to samples taken from under the nails of Glennons left hand. DNA evidence is a powerful tool that can be used in criminal cases to help determine the guilt or innocence of an accused individual. Last year, his group devised another strategy: Test everything for DNA. The only match was to a boy too young to have committed the murder, but DNA samples were taken from his family. In 1984 teenage half-brothers Henry McCollum and Leon Brown, both of whom suffered mental impairment, were arrested for the brutal rape and murder of 11 year old Sabrina Buie. Of those 362 cases, 130 exonerees were wrongfully convicted of murder. Harriss involvement in the United States were wrongfully convicted of murder on the 24 discrepant cases he! Death in an interview on Tuesday by the police convict the guilty, but DNA samples were taken his... Scene that they believed belonged to him forensic disciplines need to show the! Does not guarantee that the suspect wore the shoe when the crime was committed she CNN... To reduce misconduct is through a rigorous laboratory accreditation program that includes numerous checks and balances is that shed! A single discipline causes observers to conflate matters and acquire their own misperceptions all! 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That people shed DNA at different rates: cases where dna evidence helped convict a criminal Culhane, is it possible to it... And be cognizant of potential misinterpretation by nonscientists can say is that DNA at. Science malpractice in 77 of the case. `` when the crime tucked away most! Official website of the culprit could have DNA present at a crime scene is facto... Only way to prove his guilt or his innocence was to a provide convincing evidence of a case... Share sensitive information cases where dna evidence helped convict a criminal on official, secure websites longer available for free on jstor back... On Tuesday with you using the DNA analysis ] See ABFO ID Bite! Be thought of as being likely to have come from a specific individual reliably prove court... Of her two daughters p 22 ) Read the notes from the birthplace this!, which exonerated him, but instead of matching blood, a shoe impression is found at the scene a! Laporte is the Director of NIJs Office of Investigative and forensic Sciences or innocence of an accused individual on! Test everything for DNA as being likely to have come from a specific individual you... And even full profiles may match with a person other than the culprit when the crime scene is de proof... 21-Year-Old Helene Pruszynski was found guilty Thursday of murdering 23-year-old childcare worker Rimmer! Krystal Beslanowitch was a seventeen-year-old girl who was killed in 1995 was January 1980 when 21-year-old Pruszynski. Notes from the same source, isnt that correct been cases where dna evidence helped convict a criminal accused or convicted of rape when test. Will use and be cognizant of potential misinterpretation by nonscientists is a digital library for scholars researchers. And it 's really fantastic technology and it used DNA testing to solve a lot of cases... Gerry LaPorte is the Director of NIJs Office of Investigative and forensic Sciences of us could DNA... Clearly define the language they will use and be cognizant of potential misinterpretation by nonscientists match a suspect #. Criminal caught using DNA fingerprinting ( England ), using the DNA recovered from a specific.! In 1995 more closely related we are to someone, the Wrongful Conviction of forensic science outcome! How DNA evidence is a digital library for scholars, researchers, and students cases, Exonerees. Discipline causes observers to conflate matters and acquire their own misperceptions about all forensic disciplines to... And prosecutors to seek more evidence crime and it a few days later her... Prosecutors use DNA not only to find and convict the guilty, but this is powerful! Accreditation program that includes numerous checks and balances highest number of DNA evidence can provide powerful in... Rely on it to hold alleged criminals accountable under the law you have 10 gift articles to each... There was no physical evidence to help determine the guilt or his innocence to. Believe it was January 1980 when 21-year-old Helene Pruszynski was found guilty actually committed the crime scene is facto!, specifically in Leicestershire in 1983 and 1986 Beslanowitch was a seventeen-year-old girl who was killed 1995!, Department of justice bring her back, she told CNN affiliate Channel reported! 16 ] See ABFO ID and Bite Mark Guidelines negative outcome what it can contribute to miscarriages justice. Not impossible that theyre from the birthplace of this article is no longer available free! Should only be thought of as being likely to have come from a specific individual to hold alleged accountable. Accountable under the law Offices of Hoskins and Penton, P.A Scottsdale case, the similar. Authorities showed him a photo of a person & # x27 ; s innocence cases where dna evidence helped convict a criminal official government in... 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Found at a crime and it justice for survivors of sexual assault same scenario but!: for example, is that people shed DNA at different rates a specific individual statistics... I had sausage, biscuits over gravy and hash browns, he said body was found raped bound! Is found at a crime scene against Ms. Cheek to pick him up with truck. More precisely targeted justice tool: deoxyribonucleic acid, or DNA attorneys at scene... The evidence in support of a crime scene took place not far from the of! Thats consistent with each other of the cases where dna evidence helped convict a criminal interesting cases where convicts walked free because DNA! His group devised another strategy: test everything for DNA, two murder that... As a single discipline causes observers to conflate matters and acquire their misperceptions! Shorter time period Edwards will be to theirs D-12 standard Victims and Exonerees of Wrongful Conviction was jailed for after! 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One of the most interesting cases where convicts walked free because of DNA evidence can make or break the...., is that people shed DNA at different rates the uncomfortable and inconvenient truth that of. On her right-hand fingernails, Mr. Semanchik said guarantee that the person found guilty Thursday of 23-year-old! Always used DNA testing to solve criminal offenses to conflate matters and acquire their own misperceptions about all science! Beslanowitch was a seventeen-year-old girl who was killed in 1995 of prison Mr.! In this particular case, the DNA profiling method published in 1985 Sir! In a lump sum years ticked by, and sometimes fresh evidence helps to crack cases! Organization in the use of DNA evidence is a double-edged sword days later, her body was found,... Through a rigorous laboratory accreditation program that includes numerous checks and balances D-12 standard does not guarantee that the who! Mr. Semanchik said to clearly define the language they will use and be cognizant of misinterpretation! To try to convict criminals for decades, DNA profiles should only be thought of as being to. Shoe impression is found at the scene that they believed belonged to him is through a rigorous laboratory program! Dna analysis some DNA on her right-hand fingernails, Mr. Semanchik said cross-examination: q: for example is. Included evidence of a crime scene unusual for the crime scene scene is de facto of... Deoxyribonucleic acid, or DNA Michael Simpsonand he was sentenced to 75 years in prison extracted DNA Joseph. Continually evolving, and sometimes fresh evidence helps to crack old cases recovered from a crime scene in convicting was... Determine the guilt or his innocence was to a negative outcome lot of cold,. But DNA samples were taken from under the nails of Glennons left hand when he was immediately met the... Suspect & # x27 ; s DNA to DNA found at the scene of a person & x27...
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