The FBI and DNA, Part 2

Maintaining the Nationwide System that Helps Solve Crimes

Part 2 of an interview with Douglas Hares, a Ph.D. scientist at the FBI Laboratory who is the custodian of the National DNA Index System (NDIS), which is supported by the Combined DNA Index System (CODIS) software.

Q: How does CODIS handle high-profile cases such as serial killer Ted Bundy’s DNA, which was recently tested so it could be entered into the system?

Hares: At the national level, we don’t know about the evidentiary profiles entered into CODIS by the states. While the DNA profiles use specimen identification numbers, such identification numbers do not contain personal identifiers that would allow us to pick out a particular profile from the database as belonging to a specific person. For example, even if a state informs us that they have uploaded a high-profile sample like Bundy’s, at the national level we don’t know which profile is his because there is no personal identifying information attached to it. The system is designed to be completely anonymous to protect personal privacy—until a match occurs and the requesting state can learn the offender’s identity. But this raises the importance of analyzing the DNA from such serial offenders, even if the offender is deceased, so that the DNA profile can be searched against those unsolved cold cases.

Q: Is CODIS effective in cold cases?

Hares: Absolutely—that demonstrates the power of CODIS. If you are able to obtain a DNA profile from a case that remained unsolved from years ago and place that profile into the system, there is a good chance you may get a hit because the offender may have committed other crimes and been required to provide a DNA sample.

Q: How does technology help CODIS?

Hares: It’s important that all authorized profiles are entered into CODIS in a timely manner. The sooner profiles are entered into the system, the sooner CODIS can help solve crimes. Sometimes, when DNA database programs with limited resources expand to add categories of persons required to provide DNA samples, backlogs in samples to be analyzed and entered into CODIS may develop. The FBI encountered such a situation when the law expanded DNA sample collection to federal arrestees and detainees. But thanks to a National Institute of Justice grant and the use of robotics and expert systems, we eliminated a backlog of more than 300,000 offender profiles in a matter of months. That achievement was recognized in a recent audit by the Department of Justice Office of Inspector General.

Q: As technology is integrated into DNA processes, what can we expect from CODIS in the future?

Hares: We have seen that as the number of DNA profiles in CODIS increases, the system helps solve more crimes. Now we are aiding more investigations in a single year than we did in the first five years of the system’s existence. It’s all due to the size of the database—increasing the number of authorized profiles for the state and national databases results in additional DNA profiles that could be linked to unsolved crimes. Since the creation of CODIS, we have aided over 152,000 investigations—that’s an impressive number of crimes that may not have been solved by any other method. The statistics speak for themselves. As we continue to add more profiles, the potential to solve more crimes—and also to rule out suspects who are innocent—continues to increase.

Making a Match

To determine an individual’s DNA profile, CODIS uses forensic identification markers called short tandem repeats, or STRs.

“We look at 13 different chromosomal locations or markers,” said Douglas Hares, NDIS custodian. “It’s the combination of those different locations that makes the DNA profile a powerful identifier.” For an evidentiary or forensic unknown profile to be searched at the national level, it must have data for at least 10 of these markers. Known offenders in the system must have data for all 13 markers.

“You need that amount of information to be confident about matches,” Hares said. “It’s like a license plate. If you only search three letters or numbers of a license plate, you will get a lot of false matches. We require the threshold to be much higher to prevent those false matches.”

CODIS markers are selected solely for their identification value and are not associated with any type of physical trait or medical condition, Hares explained, adding that in the future, as the system grows, “we are looking at expanding our 13 core markers.”

Houston Cold Case Solved

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Forensics Personnel Honored by FBI

On December 14, 1969, a young single mother named Diane Maxwell Jackson arrived for her shift as a Southwestern Bell telephone operator in Houston. After parking her car in the company lot, she was forced into a nearby shack by an unknown individual and brutally raped, strangled, and stabbed to death. After a thorough investigation by the Houston Police Department (PD), no suspects were identified, and the latent prints lifted from the outside of the victim’s car were filed away.

Decades later, assisted by advances in technology and interest from the victim’s brother, the case was reopened and ultimately solved. And most recently, the Houston PD detective and Texas Department of Public Safety latent print technician so instrumental in the outcome were honored by the FBI with the 2011 “Latent Hit of the Year” Award.

This award is given out annually for a latent print identification made after a search of our Integrated Automated Fingerprint Identification System (IAFIS) that results in a conviction for a major violent crime. IAFIS is a national fingerprint and criminal history system that responds to requests from our partners and our own investigators to help solve and prevent crimes and terrorism. It currently houses the fingerprints of more than 70 million criminal subjects.

Houston case background: Years passed after Jackson’s murder, and with no new leads, the case went cold. But in 1989, David Maxwell, the victim’s brother, began reviewing the file on his sister’s death. Maxwell reconsidered his plan to become a lawyer after his sister died and instead joined the Texas State Highway Patrol and later the Texas Rangers. He asked the Houston PD to review the original evidence and witness reports for any new leads. A Houston newspaper ran an article publicizing the murder and requesting assistance from the public. At the same time, the Houston PD began a search for the latent prints lifted from the victim’s car.

Once located, the prints were searched against the Houston PD’s local forensic science fingerprint database and the Texas Department of Public Safety’s Automated Fingerprint Identification System. Neither searched yielded a positive ID

On July 23, 2003, Texas Department of Public Safety Latent Print Technician Jill Kinkade prepared the prints for a search of the FBI’s IAFIS. In less than five hours, the system returned a response containing 20 potential matches, and Kinkade determined that the latent print evidence was a match to the number one candidate—James Ray Davis.

Honing in on a suspect. Investigators discovered that Davis had been arrested for various crimes before and after Diane Maxwell Jackson’s murder—in fact, he had just finished a prison term nine days before the murder.

 Learning about the latent print identification of Davis, Houston PD Sergeant James Ramsey—the case’s lead investigator—quickly located the suspect living along the Texas-Arkansas border. Investigators knew that because his fingerprints were recovered from the outside of the victim’s car, they would likely need a confession in order to get a conviction, After being presented with the forensic evidence and photographs of the crime scene, Davis admitted to the crimes.

He pled guilty in court, and on November 24, 2003, 34 years after the homicide, James Ray Davis was sentenced to life in prison for the rape and murder of Diane Maxwell Jackson.

What's a Latent Print?

It's an impression—usually invisible to the naked eye—left on crime scene evidence that’s produced by the ridged skin on human fingers, palms, or soles of the feet. A variety of techniques, including using chemicals, powders, lasers, and alternate light sources, are employed in the detection and development of latent prints. These prints are then routinely searched through local and state fingerprint databases to find a match. If those searches aren’t successful, the prints can also be submitted to the FBI's Integrated Automated Fingerprint Identification System (IAFIS).

Safe Streets Task Force Makes Two Arrests in Cold Case Homicide

Two men were arrested by the Santa Clara County Violent Gang Task Force (SCCVGTF) last Friday for their role in a 2004 Mountain View, California cold case homicide, announced Stephanie Douglas, Special Agent in Charge of FBI’s San Francisco Field Office.

Anthony Figueroa, 23, was arrested for murder. Arthur Figueroa, 49, was arrested on a charge of perjury. The son and father are residents of Mountain View and are also receiving gang enhancements. Both were arrested without incident.

On September 24, 2004 at about 10:30 p.m., 17-year-old Alejandro “Alex” Fernandez was walking with friends in the 500 block of S. Rengstorff Ave. when five subjects pulled up in a car.

As Fernandez approached the car, which was driven by Anthony, passenger Giovanni Duarte, who is currently in custody, shot Fernandez in the chest. He was transported to a local hospital where he was pronounced dead. The shooting was gang related.

The arrests were made based upon state charges and the case is being prosecuted by Santa Clara County Deputy District Attorney Frank Carrubba.

These arrests follow that of Duarte, 24, of Mountain View, who was arrested on March 23, 2011 for the murder with a gang enhancement.

The SCCVGTF, which is a part of the FBI’s Safe Streets program, began investigating this case in January 2010. The task force consists of law enforcement personnel from FBI San Francisco, Sunnyvale Department of Public Safety, the Mountain View Police Department, and San Jose Police Department.

Safe Streets is an FBI-sponsored task force that combats violent street crime as well as gang and drug trafficking offenses.

Media Contacts:

For more information on the cold case, contact Mountain View Police Department Public Information Officer Liz Wylie at 650-996-2771.

For information on the prosecution, please contact the Santa Clara County Deputy District Attorney Frank Carrubba at 408-792-2611.

For information on the Safe Streets Task Force, call Public Affairs Specialist Julianne Sohn, FBI San Francisco at 415-553-7450.

Forensic Science in Homicide Investigations

On December 17, 2009, Conversations with American Heroes at the Watering Hole will feature a discussion with Vernon J. Geberth, NYPD (ret.) on Forensic Science in Homicide Investigations.

Program Date: December 17, 2009
Program Time: 1700 hours, Pacific
Topic: Forensic Science in Homicide Investigations
Listen Live: www.americanheroesradio.com/forensic_science_homicide_investigations.html

About the Guest
Vernon Geberth is a retired lieutenant-commander of the New York Police Department. As the commanding officer of the Bronx Homicide Task Force, his investigators handled more than four hundred murder investigations every year. Vernon Geberth is recipient of over sixty awards for bravery and exceptional work during twenty-three years of service. He has personally investigated, supervised, assessed, researched and consulted on over eight thousand homicides.

Vernon Geberth has master's degrees in both psychology and professional studies, is a graduate of the FBI's National Academy. Over the past twenty-five years, he has taught over 50,000 police officers his comprehensive course in Practical Homicide Investigation.

Geberth’s book, Practical Homicide Investigation has been referred to as the "Bible of Homicide." His subsequent works, “The Practical Homicide Investigation Checklist and Field Guide” and “Sex-Related Homicide and Death Investigation: Practical and Clinical Perspectives,” demonstrate his professional ability and subject matter expert command over homicide investigations. In addition to his own works Geberth has been an editor in over forty other textbooks. He has devoted his life to the study of murder and was the first law enforcement professional to devise standard guidelines and protocols for proficient death inquiries. Currently he is president of P.H.I. Investigative Consultants, Inc., a New York-based corporation that provides state-of-the-art instruction and consultation regarding homicide investigations to police officers.

About the Watering Hole
The Watering Hole is Police slang for a location cops go off-duty to blow off steam and talk about work and life. American Heroes Radio brings you to the watering hole, where it is Sometimes funny; sometimes serious; but, always interesting.

About the Host
Lieutenant Raymond E. Foster was a sworn member of the Los Angeles Police Department for 24 years. He retired in 2003 at the rank of Lieutenant. He holds a bachelor’s from the Union Institute and University in Criminal Justice Management and a Master’s Degree in Public Financial Management from California State University, Fullerton; and, has completed his doctoral course work. Raymond E. Foster has been a part-time lecturer at California State University, Fullerton and Fresno; and is currently a Criminal Justice Department chair, faculty advisor and lecturer with the Union Institute and University. He has experience teaching upper division courses in Law Enforcement, public policy, Public Safety Technology and leadership. Raymond is an experienced author who has published numerous articles in a wide range of venues including magazines such as Government Technology, Mobile Government, Airborne Law Enforcement Magazine, and Police One. He has appeared on the History Channel and radio programs in the United States and Europe as subject matter expert in technological applications in Law Enforcement.

Listen, call, join us at the Watering Hole:
www.americanheroesradio.com/forensic_science_homicide_investigations.html

Program Contact Information
Lieutenant Raymond E. Foster, LAPD (ret.), MPA
editor@police-writers.com
909.599.7530