Andrew Russell
Again only DNA 'evidence' it would seem
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/09/23/urape.xml&sSheet=/portal/2005/09/23/ixportaltop.html
Schoolboy rapist jailed 16 years after attack
(Filed: 23/09/2005)
A man has been jailed almost 16 years after raping a woman when he was
schoolboy.
...
Today he was jailed for eight years and put on the sex offenders register
for life after being caught through DNA profiling.
Russell, now 31, was a pupil at Stockton's Grangefield School when he
carried out the midnight rape on the stairwell of a multi-storey car park.
The victim, now 42, was on her way to her car after a Christmas meal with
workmates in December 1989 when she was confronted by Russell.
He approached her from behind, punched her repeatedly in the face and kicked
her before forcing her to the ground and raping her. After the rape he told
her "I love you" then fled.
Six months after the rape, Russell joined the military and served until 1998
when he was given a Court Martial and sentenced to eight months detention
for wounding.
He was finally caught in November 2004, when his DNA was routinely taken
following petty offences.
As part of a groundbreaking Home Office initiative to re-examine DNA samples
from historic cases, original samples taken during the course of the inquiry
were re-examined and their profile was found to match that of Russell.
Despite the DNA evidence, Russell, of Arley Court, Prenton, denied rape and
another serious sex assault, but was convicted by a unanimous verdict at
Teesside Crown Court last month and today returned for sentence. ...
Sharon Houston
A miscarriage in the making ?
16 October 2004
http://u.tv/newsroom/indepth.asp?id=51700&pt=n
Part Quote
Woman's DNA found on UVF cards
A woman who allegedly sent her postman husband a threatening sympathy card signed by the UVF, has been released on bail.
Belfast High Court judge Mr Justice Gillen said it was rather "peculiar" that 38-year-old Sharon Houston was living with one of the alleged victims in the case, but added that "there`s probably quite a lot more to come out of this case".
Earlier prosecution lawyer Charles McKay told him that Houston`s husband Kevin received a sympathy card on July 12 last year, with the words "RIP" and "fenian scum" written inside and that it was signed "UVF", adding that it was the third time he had received such a card.
End Quote
Couldn't be easier for an enemy getting an envelope from the accused , soaking
off the stamp and smearing on a few fresh stamps and sticking to
threatening letters.
Martin Joseph Done
Rapists: The Day of Reckoning , BBC1, 22.35, 28 Mar,2006
I found it very disturbing, repeated saying 1 in a billion false
match probability.
For the case in that prog covered in depth.
No mention that the accused/prosecuted donated a sperm
sample for confirmation testing, just a buccal (cheek) cell sample
from his original arrest.
Something like 1 in 33 of men in the UK are FALSELY accused
and then prosecuted and convicted for rape precisely because
their DNA profile from the NDNAD national database matches
a crime-scene stain DNA profile. This may seem arrant
nonsense at first sight.
The DNA profile registered on the NDNAD
is usually derived from cheek cells but
the crime sample usually consists of germ-cells (sperm).
The mutation rates for males
and females for some of the commonly
used DNA profiling loci is in source,
American Association of Blood Banks (AABB) 2002 Annual Report
http://www.cstl.nist.gov/div831/strbase/mutation.htm
The average male mutation rate for the 10 UK SGM plus
loci on that table is 0.15 per cent. 20 such datapoints per
profile so 1 in 33 such men's DNA profiles are likely to
have 1 datapoint different to their profile derived
from buccal cells.
The DNA evidence was obtained from a
microscope slide where the sperm recovered from
a sanitary towel were fixed on the slide and cover with
balsam. This slide would then have been stored
at ambient room temperature for maybe 15 years
before DNA analysis, "cold case" is a bit of a misnomer.
No mention in that programme of how many electrophoreogram peaks were
used to pronounce a match. Unlikely the full 10 loci/
20 datapoint because at room temperature storage the 'heavy'
fractions progressively fail to amplify giving a
forensically unusable result for those loci.
They become downs rather than mountain peaks, low
and broad, so impossible to resolve them from
the baseline machine noise.
The first affected, timewise, is D2 followed by D18 and then D16
and FGA about equally.
sources, Forensic Science International 143, (2004) page 49
and Recovery of DNA from Aged Bloodstains, M.C. Kline,NIST,2005
For the most robust 7 loci used in the SGM plus
system unrelated false matches start
occuring after about 5,300 so with a NDNAD of 2.7 million then,
due to a square law, about 260,000 such 7 loci false matches.
For the most robust 8 loci then matches start after about 14,800
so 33,000 such matches in the NDNAD or 1 in 82.
For the most robust 9 loci then 9 loci matches start after
about 73,000 and so about 1,400 such matches within the NDNAD.
So about 1 in 1,930 of 2.7 million or for the 30 million male
population of the UK then about 1 in 16.
Even if it was a full 10 loci match then about 80 unrelated
false matches in the NDNAD so about 1 in 34,000 or for
the 30 million of the UK then about 1 in 270.
The best error rate achievable with single kit analysis,
due to a technical problem called False Homozygosity
is 1 in 140 , no mention of the DNA analysis being repeated
on Cofiler, Identifiler, Profiler etc to check for this;
source, FSI 143 (2004) 47-52
You can repeat the tests on crime scene and reference
samples as many times as you like, with SGM Plus. But without
repeating with another kit, if there is any homozygosity
in the profile, (2 numbers at the same locus being the same)
you don't know if it is real or an artifice of the system.
It makes , say, real (18,21) become false(18,18) each time tested,
but you have no way of knowing this is erroneous until
repeated with a different kit.
It is quite rare for a DNA profile to NOT have homozygosity
in at least one locus.
1 in a billion *!:*!......!!!!
The most signicant phrase, lost on most
people no doubt, was stated by a
Cathy Turner, Major Crime Advisor, whatever that is.
Stating that she had a "very discriminating
DNA profile" from the rape evidence,
not a "full DNA profile" cue codespeak detector.
Translation - less than a full 10 loci DNA profile.
Background
http://www.yorkshiretoday.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=1308844
Man, 44 denies cold case rape charge
Olwen Dudgeon
A MAN denied yesterday he was the masked intruder who raped a young mother in her home at knifepoint, after threatening her baby, more than 16 years ago .
Martin Done, 44, told a jury at Leeds Crown Court the first time he had ever seen the victim was when she entered court for the trial.
He said he had never spoken to her or been to her house in Keighley where the attack happened.
His counsel Douglas Hogg QC said: "The jury knows you have been charged with a brutal rape on 19 May, 1989 are you guilty of that?"
"I am not guilty sir," replied Done, a production operative of Grange Grove, Riddlesden, Keighley.
He said on the morning of the rape he was working at the Bee Mill in Oldham although it was so long ago no work records now existed to support that.
The jury has heard Done was arrested last year after a cold case inquiry led to a DNA match between the semen recovered
after the rape in 1989 and a DNA sample given by Done in 1999 when he was convicted
of assaulting a taxi driver. ...
http://www.yorkshiretoday.co.uk/ViewArticle2.aspx?SectionID=55&ArticleID=1340220
...
Solicitor Victoria Johnson of Betesh Fox has applied to have her client's case re-opened by the Criminal Injuries Compensation Authority (CICA) following Done's conviction at Leeds Crown Court last month.
Done, 44, was jailed for 10 years after a jury convicted him of raping the 22-year-old mother in her home in May 1989. ...
Automatic push-button 'justice'
New developement
http://www.sltrib.com/utah/ci_2491514
Part Quote
Article Last Updated: 12/19/2004 01:13:34 AM
Some say parole board sets 'dangerous' DNA precedent
By Stephen Hunt,
The Salt Lake Tribune
In recent weeks, Utahns have seen DNA evidence free a convicted murderer and keep an accused serial rapist behind bars.
Bruce Dallas Goodman was freed by the courts last month after spending 19 years in prison for his conviction of the rape and murder of his girlfriend.
Rudy Michael Romero was about to be paroled for an armed robbery conviction when he was linked to a series of rapes along the Jordan River Parkway in the early 1990s.
Based on recent DNA tests, the Utah Board of Pardons and Parole revoked Romero's July parole date and ordered he serve at least another 25 years.
While DNA cases that free prisoners have become common, the Romero case is raising eyebrows in the legal community - though nobody is rushing to his defense.
Utah's parole board acknowledged it has entered "uncharted waters" by keeping Romero behind bars based on evidence of crimes for which he has not been convicted. Romero will never be tried for the Jordan River rapes because the four-year statute of limitations has expired.
But the DNA evidence was compelling enough for parole board members to deem Romero a sexual predator who would pose an "unacceptable risk" to the community.
Parole Board Chairman Michael Sibbett says that because Romero is serving a five-years-to-life term for aggravated robbery, the board can keep him locked up for the rest of his life.
End Quote
No matching MO, no other evidence just the coincidence of a matching DNA profile.
All these were convicted with the aid of Low Copy Number (LCN)
DNA profiling which has no validity for use outside
of being a neat party trick. see dnapr.htm file.
How many of this lot are , in consequence,
unsafe convictions ?
Bradley Murdoch
John Humble
Anthony James Ruark
Ian Lowther
Mel Broughton
Wayne O'Donoghue (LCN implied murder with sexual overtones , rather than manslaughter)
Robert Napper
Roger Ferguson
Andrew Pearson
Gordon Graham
Tony Jasinskyj
Neil Gordon Graham
Lesley Gault
Neil Sayers
David Reed
Stephen Mottram
Terry Reed
Trevor Hamilton
Brendan Gerard O'Connor
Mark Henson
Russell Bradbury
Ulf Olsson
Matthew Hardman
Craig Harman
Mark Wilkinson
Neil Garmson
John Barlow
Alan Motion
Stephen Hughes
James Evans
Michael Scott Wallace (NZ)
Mijailo Mijailovic
Then December 2007 the corruption that is LCN
started to totter
http://business.timesonline.co.uk/tol/business/law/article3083217.ece
soon followed by
http://news.bbc.co.uk/1/hi/uk/7156051.stm
A book worth reading on the general topic of miscarriages of justice including
a section on the DNA variant .
Judge for Yourself. By L A Naylor , ISBN 0-9547437-0-9, Roots Books 2004
To return to DNA profiles file
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