Here is a letter from the WA State Crime Lab outlining some errors that have been discovered in the FBI DNA database that was used by the lab when “estimating the significance of having included an individual as a possible contributor to a forensic DNA typing profile.”

The Federal DNA Database Unit (FDDU) analyzes DNA markers from buccal and blood samples of federal convicted offenders, arrestees facing federal charges, individuals convicted of certain District of Columbia offenses, as well as non-U.S. citizens detained under the authority of the United States of America, for development of DNA profiles that are uploaded to the National DNA Index System (NDIS).

The FBI does not believe the errors will materially affect any assessment of evidence. Although the WA State Crime Lab agrees, it also acknowledges that “some probabilities will be slightly stronger while some others will be slightly weaker.”   They have updated the databases as of June 3, 2015 and any case files completed before this scheduled for trial or that are subject to discovery or public disclosure will have the probability estimates recalculated.  Only if there is a difference greater than 10-fold will  an amended report be issued.

My opinion? Many of us believe DNA evidence is SO foolproof. And for the most part, when calculated correctly, it is. However, errors like these to our system of justice. Jurors, victims, defendants, Prosecutors and Defense Attorneys heavily rely on DNA evidence to prove whether the defendant actually committed the alleged crime. The evidence is excruciatingly important to cold-case murders and sex offenses. Please, WA State Crime Lab, test and retest your samples when updating the database!

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.