PASSAGE OF THE DAY: "It’s possible, said New York University law Professor Erin Murphy, an expert in forensic evidence, that detectives might have been reluctant to tell the public how they identified a suspect because they know people are uneasy about the use of genealogical websites as crime-fighting tools. If a company turned over DNA information, Murphy said that would not be unprecedented, but also not without problems.“There could be huge ethical issues there,” Murphy said."
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STORY: "Detectives in Golden State Killer case used genealogical sites to nab suspect," by reporters Melody Gutierrez and Jenna Lyons, published by SFgate on April 26, 2018.
GIST: "Investigators broke open the long-stagnant
case of the prolific serial killer and rapist known as the Golden State
Killer by mining DNA profiles collected by genealogical websites used by
individuals to trace family heritage, the Sacramento County district
attorney’s office said Thursday. Law enforcement had long had a DNA profile of the
suspected killer, which helped them connect murders and rapes across the
state to the same unidentified man. But, the DNA profile did not match
any contained in criminal databases that are used by law enforcement
throughout the U.S. to link crimes to suspects. The explosion in recent years of DNA heritage websites
such as 23andMe and Ancestry.com provided investigators with another
tool, although both of those companies said Thursday they were not
involved in this case. The genealogical sites, which were not revealed, linked
the suspect’s DNA profile to a likely family member, two sources
familiar with the case told The Chronicle, allowing investigators to
build a pool of suspects and then narrow it down. They obtained a court
order to compel the site to work with them, one of the sources said. Ultimately, detectives said they got what they had long
awaited — a DNA match to Joseph James DeAngelo, an ex-cop living in
Citrus Heights (Sacramento County). They followed him and collected an
item he had discarded that they say contained his DNA. DNA experts said the use of genealogical websites is a
controversial and unorthodox method to solving crimes, one that could
pose ethical questions if it involves a commercial company where users
have an expectation of privacy. There are also publicly available databases online that
offer anyone the ability to upload and view DNA results to learn more
about their family tree. Investigators had been hesitant to reveal how they came
to identify DeAngelo as the Golden State Killer or East Area Rapist,
whose reign of terror included 12 slayings and 45 rapes in California
from 1976 to 1986. The Sacramento County district attorney’s office
confirmed that the use of genealogical websites narrowed their pool of
suspects after news outlets, including The Chronicle, reported the
method. Sacramento Sheriff Scott Jones said a task force trying
to solve the heinous crimes turned to “very innovative and emerging DNA
technology that gave us a universe to look in.” DeAngelo had not been on
detectives’ radar previously. It’s possible, said New York University law Professor
Erin Murphy, an expert in forensic evidence, that detectives might have
been reluctant to tell the public how they identified a suspect because
they know people are uneasy about the use of genealogical websites as
crime-fighting tools. If a company turned over DNA information, Murphy
said that would not be unprecedented, but also not without problems. “There could be huge ethical issues there,” Murphy said. One of the biggest genealogical companies, Ancestry.com,
said the company has had no contact with law enforcement in the DeAngelo
case. The company’s policy is to provide information only when
compelled by court order or warrant, a spokeswoman said. The company has received one search warrant in its history demanding that it identify a person based on a DNA sample. In that 2014 case,
police searched a public DNA database owned by Ancestry.com using DNA
collected at a homicide scene in Idaho and found a profile that matched
35 of 36 genetic markers, leading to the possibility that a family
member of that person was their suspect. While the DNA profile was
public, the name of the person who uploaded it was not, leading police
to obtain a warrant for the identity. In that case, police hit another dead end, ultimately
clearing a man they suspected and saying that his family members were
also not involved. A spokesman for 23andMe, a genetic testing firm based in Mountain View, said the company was not contacted in the DeAngelo case. It’s possible, Murphy said, that detectives used various
publicly searchable genealogical websites, which she said eases privacy
or ethical questions. Detectives could have focused on the Y-STR — part of the
male Y chromosome that is handed down paternally — to find a relative or
find a likely last name, Murphy said. Combine that narrowed list with
the likely age of a suspect and geography, and “that could give you a
smaller list of names,” Murphy said. Forensic DNA expert and biologist Greg Hampikian said
genealogical websites have been used in missing-person cases, but mining
them for criminal suspects is a novel approach that had yet to be
successful. “It’s been tried, but this is the first time it’s been
successful, and it’s on a gigantic case,” said Hampikian, who consulted
on the 2014 case in Idaho using information from Ancestry.com. “This is
fantastic.” Others said the privacy concerns raised by the case are
weighty. Most testing companies don’t explicitly say in their privacy
policy or terms of service that they’ll hand over customer information
if police departments seek it. But they may not have a choice if ordered
by a court to do so, experts said. “A few (ancestry sites) will say, ‘We’ll protect your
privacy in so far as we can go — unless the courts intervene,’” said
Sheldon Krimsky, a professor at Tufts University who has written about
bioethics and privacy, including a 2017 report on consumer privacy and
DNA. “Most say, ‘We’ll do our best.’” The use of a genealogical site is different from
traditional familial searches using DNA — like the one that unmasked the
Grim Sleeper. In that case, police linked Lonnie Franklin Jr.
to the killings of 10 people over 25 years using a DNA sample from his
son, whose genetic profile had been uploaded into a database of known
criminals. “The familial search process, the way it’s designed and
the way it works, it gives you a father, son or full sibling,” said
Rockne Harmon, a consultant to numerous law enforcement agencies on cold
cases and a former Alameda County prosecutor. California expanded its use of familial DNA 10 years ago,
when then-Attorney General Jerry Brown allowed law enforcement agencies
to receive notification when a partial DNA match — not just a full DNA
match — was made in a case, which allowed detectives to link crimes
through relatives. Familial searches are designed to produce only a
close male relative, Harmon said, which usually results in one suspect,
like in the case of the Grim Sleeper. “It either picks out the right person or no one,” Harmon
said. “Familiar searching has become far more commonplace, and it’s not
as big of a deal anymore.” That’s not the process law enforcement officers were
describing when they unmasked their suspect Wednesday at a news
conference outside the Sacramento district attorney’s crime lab. There,
they described a flurry of activity over the past week as they closed in
on DeAngelo. DeAngelo’s name was known to investigators at least a
month ago. Paul Holes, a cold-case investigator for the Contra Costa
County district attorney’s office, said the list of potential suspects
had been narrowed to roughly five men — DeAngelo among them. Still,
DeAngelo wasn’t at the top of that list, Holes said, until DNA ruled out
some of the other men. Sacramento County sheriff’s deputies began surveilling
DeAngelo’s home and were able to obtain two “surreptitious samples” from
him — meaning they waited for him to discard something with his DNA on
it. Investigators got one sample a week before his arrest, but it was
too weak, Holes said. They went back and tested a second sample, which
investigators said was a 100 percent match. DeAngelo was then arrested.
According to Sacramento County Sheriff Scott Jones, he was “very
surprised.”"
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
