Independent Panel Completes Review of Low-level DNA Cases at Virginia Department of Forensic Science

Press Release

— Review of 123 cases requested by national forensic lab accrediting entity, ASCLD/LAB —

Governor Mark R. Warner today released the findings of an independent panel of forensic scientists tasked with reviewing the work of Virginia's Department of Forensic Science on "low-level" DNA cases. The comprehensive review of protocols and interpretive conclusions, which did not involve retesting evidence, was done at the recommendation of the American Society of Crime Laboratory Directors, Laboratory Accreditation Board. ASCLD/LAB recommended in its April 9, 2005 Limited Scope Interim Inspection Report that Virginia review "a minimum of 50 cases" where "low-level" DNA evidence (where the sample is almost not detectable) was tested.

The review team went well beyond the minimum recommendation and reviewed a total of 123 cases, including 28 capital cases (every capital case since DNA became a factor in 1994), 33 cases analyzed by Jeffrey Ban (as recommended by the ASCLD/LAB report, and including the capital case he worked on), and 63 other randomly selected cases (including work by every DNA analyst).

The review team concluded that there were no technical procedural errors or deviations from accepted scientific protocol ‘substantially affecting the integrity of the results' in any of the 123 cases. The review team found one of the 123 cases contained an interpretive conclusion with respect to one of the items that they deemed inappropriate. In that case, the Leon Winston capital murder case, the team concluded that the analyst gave inappropriate statistical weight to typing results in her analysis of one item of evidence. The review team noted her results on seven other items in the Winston case were scientifically supported, and no other case by that analyst contained a similar statistical inaccuracy. Of the remaining 122 cases, none contained an interpretive conclusion that the review team deemed inappropriate.

"DNA technology remains a powerful tool for certainty in the world of criminal justice, but it's only as good as the scientists and procedures to which we entrust it," said Governor Warner. "This independent review shows no systemic deficiencies at Department of Forensic Science, and makes long-term recommendations to help prevent them. This lab has an international reputation as a leader in fighting crime with this technology, and I think this review bolsters that reputation and serves as a reaffirmation of the integrity with which our scientists do this work."

The review team, led by Judge Robert J. Humphreys, at the request of the Governor, suggested four recommended actions to help ensure accuracy in the future. DFS Director Dr. Paul Ferrara has agreed to implement all four recommendations:

* Written guidelines to improve analyst documentation of the rationale behind disregarding bands assigned as alleles by the PowerPlex typing instrument.
* A written policy to provide improved guidance for selecting the appropriate statistical analysis in low-level DNA cases (specifying scientific criteria).
* A written policy providing that, if a probative evidence standard fails to yield a complete profile, the reference sample will be re-run, if practical, until a full profile is obtained.
* A written policy providing that, when practical, separate technical and administrative reviewers should be assigned to each individual case.

"I want to thank Judge Humphreys and a stellar team of scientific reviewers for their willingness to take on this complex assignment on a short timetable, without pay, and for their professional and thorough review," said Governor Warner.

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