"Prosecutors
in Travis and Williamson counties will review hundreds of criminal
cases after learning of scientific concerns with the way examiners
analyze evidence that includes genetic material from multiple people. In
a statement Wednesday, Travis County District Attorney Rosemary
Lehmberg said her office also discovered an issue with the database it
uses to calculate DNA statistics, which are presented in court as
probabilities that a given sample included the DNA of a certain person. Lehmberg says her office is unsure how
many Travis County cases are affected but says it is working to identify
them and notify the parties involved. “The potential impact of
changes to the mixture protocols and the database is still unknown, but
they may have a material impact on some criminal cases,” Lehmberg said.
“This is expected to be a large undertaking, requiring the addition of
attorneys and paralegals to our Conviction Integrity Unit. In the
interim, this office will work to facilitate any requests for DNA
reviews based on the changes.” The FBI first notified crime labs across the country this spring that it had discovered state labs were using outdated protocols to interpret results from DNA data.
The problem led to prosecutors overstating the reliability of some DNA
evidence in court, which is often presented as accurate to within a
fraction of a fraction of a percent. The errors were said to have
affected thousands of cases going back to 1999, but officials initially
downplayed the impact, saying they were unlikely to result in dramatic
changes.........The Department of Public Safety sent a letter Sept. 10 notifying
state officials of the changes. But how widespread the problem is
and how many cases will be affected across the state remains in
question. The Department of Public Safety controls only eight of the DNA
crime labs in Texas; counties and police departments oversee others. The
advent of DNA testing revolutionized criminal investigations for its
reliability in tying suspects to objects collected at the scenes of
crimes. But the forensic science continues to evolve and interpretations
of the results constantly change. In the latest interpretation
guidelines, a given sample will have lower probabilities, translating to
more conservative statistics, the DPS letter said. “Just to be on
the safe side, they are not going to count all the data they can
count,” said Rob Kepple, the executive director of the Texas District
and County Attorney’s Association. The old testing could have
determined that there was a probability that someone’s DNA was included
in an evidence sample, but the new testing could show that scientists
can’t determine whether someone’s DNA was included, Kepple said. “That’s
important for a defendant to know.” Such disclosures are important as labs test smaller and smaller traces of DNA found on objects, such as firearms or countertops."