Familial DNA and You

This is something most of America has not heard of. Familial DNA is the process of using found DNA at a crime scene to search for ‘near matches’ in a DNA database when a direct match isn’t found.

Background

The AP recently had an article⁽¹⁾ in which Familial DNA was used to catch a Denver auto burglar in a 2008 case. The total value of items stolen from the vehicle was $1.40.

The story, from the AP article, unfolds like this -

In Denver, District Attorney Mitch Morrissey pushed for the familial DNA search in the 2008 car break-in.

The blood did not match anyone in the county’s DNA database of 1,700 convicted felons. So authorities searched the database for a near-match and came up with the name of a convicted criminal. From there, investigators narrowed their focus to the criminal’s brother, Luis Jaimes-Tinajeros.

Only Colorado and California specifically allow Familial DNA searches, Massachusetts is drafting legislation to allow it and Maryland prohibits Familial DNA searches of its DNA samples⁽²⁾ .

NPR Episode on Familial DNA from 02282007

 NPR - Critics Challenge Familial DNA Testing [5:53m]: Play Now | Play in Popup | Download (33)

Familial DNA Searches have been used in the UK for over five years. According to an article at Law Officer dot com⁽³⁾ -

“This proposed method is similar in nature to the system used by the Forensic Science Service of the UK. The FSS has had success with familial searching and has solved several high -profile cold cases by using this method over the past five years.”

As far as success, Colorado seems to be the only state to have used this technique with any success. In California six searches have been conducted since October 2008 but have not turned up anything⁽⁴⁾ . The UK, in its 5 years of Familial Searches has solved (as of April 2008) eight (8) cases using the technique⁽⁵⁾

In the U.S., one case solved by a partial match of DNA involves Darryl Hunt, a North Carolina man wrongfully convicted of a 1984 sexual assault and murder. Even after DNA evidence was later found to exclude Hunt, the judge sent him back to prison for ten more years, saying while he didn’t commit the rape, he still could have committed the murder.⁽⁶⁾

Basics

A crime is committed and the police find DNA evidence at the scene. A search is run through the DNA database but there is no match. A second search is run looking for partial matches. From that list of partial matches – obtained from people previously convicted of crimes and whose DNA was added to the database – the investigators start looking at family members of the partial matches.

From there the investigation goes back to more traditional means. Usually a court would order the suspect(s) to provide a DNA sample for comparison to the original from the crime scene.

Imperfect Implications

While many forensic experts believe that familial searching would be a beneficial crime fighting tool, one problem in performing this type of searching is that CODIS was not designed for this type of searching. It was designed to indicate when two samples match each other perfectly–at all 13 locations on the DNA molecule that are compared. In a discussion on Charles Brenner’s Forensic Mathematics website regarding familial DNA searching, Brenner opines that the number of potential false matches utilizing a “low-stringency” search of the CODIS database is approximately 40/50,000. In a database consisting of only 50,000 DNA profiles, you will find 40 false familial matches in addition to the one possible true familial match.⁽⁷⁾

As in other cases, most notably the BTK Killer, the DNA from a daughter – obtained and typed from a Pap smear given years earlier at university medical clinic  – was used to obtain a warrant for Dennis Rader who later confessed.⁽⁸⁾ The obtaining of the daughters DNA was without her permission or knowledge.

This has civil libertarians up in arms. From the American bar Association Journal we get -

“If practiced routinely, we would be subjecting hundreds of thousands of innocent people who happen to be relatives of individuals in the FBI database to lifelong genetic surveillance,” Tania Simoncelli, science adviser to the American Civil Liberties Union, told the Post.⁽⁹⁾

A Washington Post article lays out more information -

Britain, with a database of 4.25 million profiles, has been doing familial searching for five years and has solved at least eight cases with it, said Tony Lake, chief constable of Lincolnshire and recent chairman of the DNA Strategy Board.

He cited as an example the “shoe rapist,” who attacked at least six women, each time stealing their high heels. Twenty years later, his sister was arrested for driving under the influence and her DNA run against cold cases. That yielded a close match and led police to her brother. When he was arrested, his DNA was a perfect match and police found more than 100 stiletto heels hidden under a trap door.

In Britain, too, concerns have been raised about the use of familial searching at a time when the database is rapidly expanding to include people arrested for minor offenses and children as young as 10. In one case, a 15-year-old was arrested for refusing to get off a public bus and obstructing a police officer. His DNA was taken. Although the charges were thrown out, the police have refused to remove his DNA profile from the database.⁽¹⁰⁾

Watch CBS News Videos Online
Video from July 15, 2007

ASIDE – In the above video, at 1:49 , DA Mitch Morrissey says, “This isn’t car break-ins…” when that is exactly what was done in lone Familial DNA conviction from Colorado.

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