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Criminals try to outwit DNA
By Richard Willing USA TODAY(used with permission)
Prisoners and suspects across the USA are becoming smarter, or
at least better educated, when it comes to undermining the biological
evidence that often is critical in criminal cases.
Police and prosecutors from New York to California report that
more would-be rapists than ever are wearing gloves, masks and
condoms to avoid leaving behind any bodily fluids or other evidence
at crime scenes.
In prison, convicts have been caught swapping semen samples to
try to defeat genetic tests aimed at linking them to additional
crimes. Inmates routinely share tips on how to sabotage crime
scenes by, among other things, scattering someone else's semen
or blood in order to confuse DNA analysts.
These days, says Austin, Texas, prosecutor and DNA specialist
Clay Strange, some suspects seem "like they've been to crime-scene
school."
The sinister creativity is aimed at countering authorities' increasing
use of DNA tests, which identify a cell acid unique in virtually
all individuals.
Perhaps the most potent crime-fighting tool since police began
collecting fingerprints a century ago, DNA technology is used
in thousands of prosecutions each year.
DNA evidence also has been a savior for some: Since 1989, more
than 70 prisoners have been released after genetic tests cast
doubt on their convictions.
The increasing savvy of criminals on DNA matters was a hot topic
last month at a " DNA summit" of state and local police chiefs
that the Justice Department convened in Washington.
Some law enforcement officials are reluctant to discuss criminals'
tactics publicly, fearing they might reveal details of DNA testing
that would help suspects. But examples of criminals trying to
turn DNA testing to their advantage continue to pop up:
* Police in Waco, Texas, caught a suspected rapist decked
out in mask and gloves and carrying a condom last year. Down the
road in Austin, a suspected burglar was arrested this year wearing
protective shoe covers and two pairs of gloves -- just like a
lab technician.
* In Astoria, Ore., prosecutors say the number of rape
suspects caught with gloves and condoms has jumped markedly in
the past three years.
* In Richmond, Va., state authorities have caught prisoners
taking DNA tests for each other to avoid being matched to other
crimes.
* Since 1995, rape victims in California, Michigan and
New York have reported incidents in which their assailants forced
them to clean and bathe to try to scrub away any DNA evidence.
* Jailers in Salt Lake County, Utah, say they have overheard
prisoners coaching each other on how to spread blood and semen
samples from other people around crime scenes to try to fool DNA
analysts.
A $50 DNA scheme
One of the more creative inmates to challenge DNA testing was
Anthony Turner, 33, of Milwaukee. The police figured he was a
rapist; what they didn't know was that the inmate was a self-taught
DNA specialist.
Turner was charged with three rapes last year after police matched
samples of his DNA to that from fluids found on the victims. Turner
claimed he was innocent.
He acknowledged that the genetic material taken from the rape
victims matched his but argued that it must have come from another
man, an unknown rapist with the exact same genetic code.
Milwaukee authorities just laughed. They knew that unless Turner
had an identical twin -- which he didn't -- the chance of someone
sharing his genetic code was about 3 trillion to 1. Turner was
convicted in March 1999.
A few months later, as Turner sat in jail waiting to be sentenced,
something astonishing happened. Police investigating a new rape
compared the alleged attacker's DNA with samples from other sex
crimes and found a match. It was Turner, who of course had an
ironclad alibi -- he was in jail.
Was Turner innocent all along? Against astronomical odds, could
there really be another rapist with his DNA profile in the Milwaukee
area? If so, that would shatter the entire premise of DNA technology.
As it turned out, the DNA was indeed Turner's. Milwaukee authorities
discovered a clever scam:
Turner, determined to cast doubt on the science upon which his
conviction was based, had smuggled a sample of his semen out of
jail, concealed in what had been a ketchup packet. Family members
then paid a woman $50 to use the sperm to stage a phony rape.
Turner was sentenced to 120 years in prison.
"The scary part was, here was this really bad guy who understood
the science (and) was trying to use it to defeat us," says Milwaukee
prosecutor Norman Gahn. "We're going to see more of that as time
goes on."
The rise of a technology
DNA -- deoxyribonucleic acid -- was discovered in 1869 by German
biochemist Friedrich Miescher. The acid, contained in the nuclei
of most cells, builds the proteins that determine a person's inherited
traits. It wasn't until the early 1980s that researchers, including
Roy White of the University of Utah and Alec Jeffreys of England,
hit on ways to use DNA fragments as what Jeffreys called "genetic
fingerprints."
DNA was first used in a U.S. courtroom in January 1987 to convict
a Florida teenager of sexual battery. Two years later, amid growing
publicity about the technology's power, DNA helped free a man
who had been convicted of rape in Chicago by showing that he could
not have produced the semen that had been removed from the victim.
It was the USA's first DNA -related exoneration.
Like the general public, prisoners and would-be criminals have
become more and more knowledgeable about DNA technology's potential.
Stories about prisoners being released because of DNA evidence
have become commonplace. The Innocence Project in New York City,
which examines questionable convictions, says DNA tests have been
linked to 72 exonerations since 1989.
Prosecutors order an estimated 10,000 DNA tests a year. Some of
those lead to prosecutions. Many more clear the test-takers of
involvement in crimes.
Meanwhile, prosecutors say, DNA has become a favorite topic of
conversation among convicts.
"You're talking about guys who are locked up 24/7 (around the
clock) with nothing to do but read the paper, watch TV and bull-
- - - each other," says Dennis Bauer, a deputy district attorney
in Orange County, Calif., who has prosecuted several cases involving
DNA evidence. "They are passing around information and misinformation
(about DNA) all day long."
DNA has become a regular element of television shows and films
about cops. Three seasons back, ABC's NYPD Blue featured
a subplot in which a rapist tried to cover his tracks by scattering
strangers' semen on his victims.
A planted semen sample was central to the plot of Presumed
Innocent, the novel published in 1987 by Scott Turow, a best-selling
crime novelist and former federal prosecutor in Chicago. Turow
says the invented incident was "just a fancy of mine" at the
time, although he recently heard of a similar real-life case.
Arlington, Va., lawyer Jerry Lyell blames "questionable" police
practices for helping spread awareness of DNA among crime suspects.
Suspects, Lyell says, have learned that police can "trap" them
by lifting DNA from cigarette butts, beverage containers and even
spittle left on interrogation room floors, even if the cops don't
have enough evidence to get a search warrant.
"It's being used unfairly all the time," says Lyell, who specializes
in cases involving DNA evidence. He says he tells clients who
are interviewed by police not to "spit (or) smoke, (and) don't
take anything to eat or drink."
Attempted dodges
Attempts to defeat DNA testing are as old as the technology itself.
In the first recorded criminal case involving DNA, bakery worker
Colin Pitchfork was convicted in 1987 of raping and killing two
teenage girls in the English village of Narborough.
Using tests that had just been developed by Jeffreys, police drew
blood from 4,582 local men but did not find a DNA match to the
rapist. Pitchfork was caught after a villager overheard him describe
how he had paid a co-worker to provide a sample for him.
Convicted rapist and kidnapper Kerry Kotler can testify to DNA's
power to exonerate and to convict. Kotler, of Montauk, N.Y., was
freed in 1992 after DNA tests cast doubt on his two rape convictions
by showing that semen from the victim could not have come from
Kotler alone. Prosecutors protested, noting that the still-primitive
tests left open the possibility that Kotler was the rapist.
Four years later, Kotler was charged in a new rape. This time,
the victim alleged that he carried a water bottle and attempted
to clean away semen after the assault. New, improved tests lifted
samples of Kotler's semen from his victim's clothing and helped
to convict him.
Kotler, now 41, was sentenced to seven to 21 years. A month earlier,
he had won a $1.5 million judgment for being wrongly imprisoned
in the first case.
Among criminals and would-be criminals, knowledge of DNA remains
imperfect. Josh Marquis, district attorney in Clatsop County,
Ore., says many criminals and suspects have a simplistic view
of the technology.
"They think we can drop a tiny dot of blood or sweat into a machine,
and then their picture just pops up on giant screen," says Marquis,
a board member of the National District Attorneys Association.
"We don't tell 'em any different."
Others get caught because they have learned a little but not enough
about the power of DNA testing. Paul Ferrara, who directs Virginia's
highly regarded database of DNA from convicted felons, tells of
"glove-wearing, condom-wearing, mask-wearing" rapists who left
DNA behind because they kissed or bit their victims.
"Guess they missed the chapter about epithelial (skin) cells
in saliva samples," Ferrara says.
Law enforcement's best weapon, says Aaron Kennard, sheriff of
Salt Lake County, Utah, is criminals' overinflated view of their
own intelligence.
"Their problem (in trying to manipulate DNA tests) is that they
think they're smarter than everyone else," Kennard says. "If
they were smart, they wouldn't be in my jail."
Keeping a step ahead
For now, law enforcement is relying on continuing advances in
DNA technology to stay a step ahead.
Recently improved tests make it difficult to ruin a crime scene
by spreading strangers' DNA. Enough DNA to form a near-certain
match is now routinely lifted from fingernail clippings, hair
particles, tiny sweat stains and even dried saliva from old postage
stamps.
"These days, you need to wear a spacesuit to commit a crime without
leaving any ( DNA) behind," Kennard says.
But police and prosecutors don't expect criminals to stop trying
to subvert DNA tests. Cases such as that involving Turner's fake-rape
scheme give them chills.
"I've never heard of anything that wild, but then again, why
not?" says Rockne Harmon, an assistant district attorney who
specializes in DNA prosecutions in Oakland, Calif.
"You've got to wonder what a mind like (Turner's) would amount
to if he ever put it to good use. (But) I don't think I'd hold
my breath waiting."
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