1 Forensic Science in the United StatesLance Gima CWAG Alliance Partnership Forensic Science Director Chief (retired) CA Dept. of Justice Consultant for the Medical Legal Service of Chile Presidential Committee of Experts - Chile Consultant for Proderecho Advisory Board Member, University of California Berkeley Human Rights Center Co-chair Alliance of Forensic Scientists for Human Rights and Humanitarian Investigations

2 Presentation Outline Government Crime Laboratories in CAFederal Laboratories Private Laboratories Funding Opportunities Information Sharing High Profile Cases New Challenges

3 Crime in California - 2007 Homicide Forcible Rape RobberyAggravated assault Burglary 2258 9047 70,702 109,486

4 Forensic Science Service in CaliforniaCA DOJ Bureau of Forensic Services Historically, service to areas without forensic science services (Napa, Fresno, Riverside, etc.) County Laboratories Larger geographical unincorporated areas (LA, Sacramento, etc.) City Laboratories Metropolitan areas (Los Angeles, San Francisco, etc.)

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6 Forensic Science Service Provided by Most Labs in CACrime scene response Controlled substance (drug) analysis Clandestine lab scene processing and analysis Driving under the influence cases Criminalistics Latent print Questioned Documents Firearms Biology/DNA Trace Training Court Testimony

7 Services provided by some labs in CASpecialized Trace Analysis (Sacramento Co.) Method Development Formal Training offered to Forensic Scientists CA DOJ CCI Digital Forensics Missing Persons DNA program

8 Jurisdictions Generally, if a crime occurs in a specific area, the evidence will go to the crime laboratory providing service in that area. If a crime is determined to be a federal offense, then the evidence can go to a federal laboratory If a high ranking official, in an area, requests the assistance of a federal lab, (FBI) then the evidence may go to the federal lab Terrorism and associated evidence goes to the FBI

9 Funding Laboratory ServicesOrganization’s general fund Special assessments Special funds Grants National Institute of Justice

10 Current Funding OpportunitiesNote: The application deadline for each of the three solicitations listed has been extended from February 16, 2010, to March 2, 2010. Research and Development on Pattern and Impression Evidence (pdf)Show DescriptionPosted: December 30, 2009 Application Deadline: March 2, :45 PM eastern time. Research and Development on Instrumental Analysis for Forensic Science Applications (pdf)Show DescriptionPosted: December 30, 2009 Research and Development on Forensic Crime Scene and Medicolegal Death Investigations (pdf)Show DescriptionPosted: December 30, 2009

11 Accreditation By law, to upload into CODIS, the laboratory must be accredited To receive federal funds from NIJ, the laboratory must be accredited. Majority of laboratories in CA are accredited.

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13 Federal Laboratories in CADrug Enforcement Agency Federal Drug Offenses Assistance to “local labs” (clandestine labs) Bureau of Alcohol Tobacco, Firearms, and Explosives Federal offenses Assistance to “local labs” US Customs Laboratory Little contact with local labs

14 FBI Forensic Science Services (USA)Casework (special requests ) Terrorists attacks (by law) mtDNA (special request/regional labs) Training (at Quantico) CODIS Scientific Working Groups Method Development

15 ATF Forensic Science Services (USA)Casework assistance (arson and bombing cases) Training (firearms identification) NIBIN training and Management Research

16 Other Federal LaboratoriesArmed Forces DNA Identification Laboratory Fish and Game Laboratory US Secret Service Laboratory US Postal Service Laboratory US Immigration and Customs Enforcement Laboratory

17 Private Laboratories Contracts with local law enforcement officials to conduct forensic science casework even when a laboratory is in the “area”. Can be on a case by case basis or for a case type or for a time period. Retesting of evidence in a specific case. Case consultation (review of work conducted by a public lab0ratory) Testimony supporting public lab work or not supporting the work

18 Other Institutions and OrganizationsCWAG NIST NFSTC Training Specific Programs (NAMUS) Professional Associations /Organizations

19 Forensic Science Information Sharing Programs

20 IBIS AND NIBIN IBIS is the technology employed; Integrated Ballistic Identification System NIBIN is the ATF Program that uses this technology in a cohesive network and law enforcement plan; National Integrated Ballistic Information Network

21 Marks imaged by IBIS Ejector Breech face Firing pin

22 STATISTICS NIBIN Partners have completed over 1.5 million acquisitionsNIBIN Partners have confirmed over 28,000 NIBIN hits. Most Successful NIBIN Partners: New York City Police Department: over 2100 hits IL State Police-Chicago: over 1500 hits Allegheny County (PA) Medical Examiners’ Office: over 1500 hits Santa Ana (CA) Police Department: over 1000 hits Newark Police Department: over 1000 hits

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24 The FBI Laboratory’s Combined DNA Index System (CODIS) blends DNA forensic science and computer technology into an effective tool for solving violent crimes. CODIS enables state and local law enforcement crime laboratories to exchange and compare DNA profiles electronically, thereby linking serial violent crimes to each other, and identifying suspects by matching DNA from crime scenes to convicted offenders. The CODIS program began in 1989 when DNA profiling was relatively new. The Technical Working Group on DNA Analysis Methods (TWGDAM) wrote a white paper which defined structure and purpose of the CODIS system. The major concepts presented in that paper are still valid today. CODIS has two major objectives: Assist police investigators in the identification suspects of violent crimes Increase the effectiveness of forensic laboratories by providing software tools to conduct DNA casework and perform genotype frequency calculations. The FBI provides CODIS software, together with installation, training and user support, free-of-charge to any state and local law enforcement laboratories performing DNA analysis. Each laboratory is responsible for purchasing all hardware and commercial off-the-shelf software necessary to operate CODIS. The CODIS hardware/software platform includes IBM PC compatible computers, Windows NT and Windows 95 and Windows NT Back Office.

25 The Forensic Index contains DNA profiles from crime scene evidence. CODIS generates investigative leads in crimes where biological evidence is recovered from the crime scene using two indexes: the forensic and offender indexes. The Forensic Index contains DNA profiles from crime scene evidence. The Offender Index contains DNA profiles of individuals convicted of sex offenses (and other violent crimes) with many states now expanding legislation to include other felonies. Matches made among profiles in the Forensic Index can link crime scenes together; possibly identifying serial offenders. Based on a match, police in multiple jurisdictions can coordinate their respective investigations, and share the leads they developed independently. Matches made between the Forensic and Offender indexes provide investigators with the identity of the perpetrator(s). After CODIS identifies a potential match, qualified DNA analysts in the laboratories contact each other to validate or refute the match.

26 National DNA Index SystemNational Statistics as of June 2009 7, 137, 437 offender profiles 272, 452 forensic profiles 93,200 “hits”

27 CALIFORNIA CODIS StatisticsIn 2003– received 30,000 samples In 2009 CA expected to receive 250,000 samples Total profiles in data bank – over 1.2 million Solved case per month – ave. +200 Staff of over 70

28 Missing Persons Unidentified Decedents

29 NAMUS Unidentified Deceased data base Missing PersonsInformation entered by medical examiners Anyone can search (sex, race, body features, dental, etc.) Missing Persons Entry by anyone (information must be verified) NAMUS will print posters and map possible travel routes

30 Forensic Science In CA-High Profile cases and the CSI EffectTV in the courtroom Laboratory operations changes Non scientific critiques Impact on forensic scientist (s) Reputation of Lab Impact on forensic science

32 Forensic science (?) questionsCan you test EDTA in a bloodstain and what does it mean if you do detect it? Packaging blood (swabs) collected at the crime scene and then temporarily “storing” them in a vehicle is ok or not? Blood tubes are always collected to the capacity of the tube.

33 The aftermath EvidenceJudge ruled in favor of defense requests for tests to be completed in short time frames (sometimes in a day!) Judge allowed defense forensic science expert to observe the DNA testing conducted… When there was insufficient amount of sample for a retest by the defense

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35 Mistakes - Uncovered Defense Review Post Conviction TestingExternal Audits Proficiency Testing Case review

36 Minimizing errors Hiring practices Training reviews and updatesWritten procedures Proficiency testing Court Testimony review Casework re-examination Implementing a Quality Assurance System Accreditation Using good science

37 NEW TRIAL BY ALAN GUSTAFSON • STATESMAN JOURNAL • AUGUST 15, 2009News NEW TRIAL Convict in triple slaying to get new trial Deal comes after doubts are raised about evidence that led to man's conviction                       BY ALAN GUSTAFSON • STATESMAN JOURNAL August 15, 2009 BY ALAN GUSTAFSON • STATESMAN JOURNAL • AUGUST 15, 2009 Now, he'll get a chance to prove it at a new trial. Cannon's bid for a new trial had been scheduled for a hearing before a Marion County judge Aug. 25. But a deal emerged Friday, struck by Cannon's attorney and lawyers with the Oregon Department of Justice, that granted him a new trial without a court hearing. "We settled the case based on all the evidence available," said Tony Green, a spokesman for Attorney General John Kroger. "Cannon gets a new trial. This is not an acknowledgment of any actual innocence claim or any claim of wrongdoing on the part of any state representative." The state DOJ's decision came after Cannon's legal team raised doubts about the validity of key evidence — including a now-discredited forensic tool called bullet lead analysis — that led to his conviction

38 Post Conviction Testing

39 POST CONVICTION DNA TESTINGIncarcerated seeks to have evidence tested or retested. Who conducts the testing? What is responsibility of police agency to retain evidence? How long?

40 A New Challenge for Forensic Science in the USAHuman Identification in mass fatalities Criminal offenses Natural disasters Terrorism Most Labs in USA not prepared to respond When mass fatality events occur, forensic scientists are not called in to respond (immediately)

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44 Fresh Kills Landfill

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51 Forensic Science Response to Terrorism or Mass Fatality EventsScene response (collection, packaging, and preservation) Lab exams (physical evidence) Human remains exam and testing Collection of Family Reference Samples Kinship Analysis and Victim Identification

52 In this screen I am adding another reference into the case for Barbara Santiago, if I click on the “Pedigree” button the next slide come up.

53 From here we can select the relationship of the reference donor to the missing person (in this case a sister).

54 Kinship Evaluations Based on calculations testing which relatives, among those reported to be available, would be the most useful for kinship comparisons and identification. DNA View Kinship, computer calculations randomly generate a possible DNA profile for the child using a combination of DNA profiles from available relatives. A Kinship Likelihood Ratio is a numerical measure of how strongly the DNA evidence available would match the child’s profile to it’s family.

55 The point system for collection strategyDeveloped by Dr. Charles Brenner Family member available to collect from Points Mother or Father 10 Brother or Sister 5 Half brother or half sister 1.5 Aunt or Uncle Grandfather or Grandmother 2 A minimum of 10 points is suggested, preferable to target 15 points to obtain sufficient genetic information

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