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An Alternate Universe Lacking the Existence of Genetic Genealogy

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Chapter 6

Life Bar ‘The Golden Standard’ – An Alternate Universe

Lacking the Existence of Genetic Genealogy

Georgina Tomas

Genes are like a story, and DNA is the language that story is written in. (Sam Kean,

American Author) With forensic DNA analysis widely regarded as the ‘golden standard’ of forensic evidence, case investigations and criminal cases have shown that genetic genealogy is pivotal in discovering who the perpetrator is. Through the interpretation of DNA testing and its new adaptation of credibility towards case investigations, it will lead to the establishment of what genetic genealogy is and how it has made an impact in the progressions of forensic evidence. To propose a hypothetical situation where genetic genealogy does not exist, one can examine the impacts on individuals in society and in investigation. Understanding genetic genealogy is key in ensuring that further advancements take place in the novel field of forensic science, as it concerns the nature of DNA analysis, from the many fallibilities of processing to the standardization practices across all laboratories. The importance of forensic genetics will be distinguished through a hypothetical universe inexistent of genetic genealogy prior to the Golden State Killer (GSK) case. The absence of genetic genealogy will be used to highlight the divergence in an alternate timeline to then unravel the major impacts it would further have on the GSK case. The external consequences that would be involved in the justice system regarding social and privacy-related issues will also be examined.

59
The Forensic Science Alternate Universe

Golden State Killer Case

Between 1974 and 1986, the name ‘Golden State Killer’ was the moniker for a man

by the name of Joseph James DeAngelo. His criminal pursuits gradually increased in severity, beginning with burglaries, progressed to rape, and eventually advanced to murder. He was a former police officer who was convicted between 2018 and 2020, for over 120 burglaries, 58 rape cases, and 13 homicides (P v DeAngelo, 2018). During the years of 1974-1986, when his criminal activities occurred, law enforcement was unable to discover who was responsible for these serial crimes, causing the case to go cold for 40 years (P v DeAngelo, 2018). It was not until 2001, when forensic advancement with DNA evidence began to reveal information to aid this unsolvable case. DNA evidence recovered from the sexual assaults and homicide crime scenes were preserved in storage and later discovered to be linked to a single suspect as a result of further advancements of forensic DNA analysis. Though it took multiple years for investigators to link these cases together, it was beneficial to have DNA evidence preserved. Since forensic DNA testing was not well advanced during the time these crimes occurred, the preemptive preservation

of DNA evidence led to the discovery of the perpetrator’s identity in 2018 (P v

DeAngelo, 2018).

Although the advancement of forensic technology helped investigators discover that these cold cases were linked, it did not provide them with enough information to narrow down the suspects. Since the DNA gathered from the crime scenes and sexual assaults did not match any DNA profiles in the existing DNA index systems, the investigation became stunted. After many attempts to discover new evidence, failures in finding the perpetrator (resulting in wrongful arrests), and the use of a National DNA Index System (NDIS), investigators turned to genetic genealogy. Genetic genealogy is a combination study of heredity and genes, referencing the process on which heritable traits are passed down from generation to generation. Online ancestry testing sites were used throughout this investigation, specifically including the upload of perpetrator DNA to a site called GEDmatch. GEDmatch is a genealogy website that allows individuals to find their families, relatives, and discover their family tree, in which helped to solve the cold case. Online ancestry sites were used in hopes of potentially identifying any of the

perpetrator’s family members, allowing investigators to work with a smaller pool

of suspects. An investigator that was interested in the case decided to take it upon 60
‘The Golden Standard’ – Alternate Universe Nonexistent of Genetic Genealogy himself to create a fake account on GEDMatch and uploaded the DNA from the case (Winton et al., 2018). It was later found that though there were familial matches, it still did not create a small enough list of suspects. Investigators began to connect familial matches to create different, distinct family trees. The suspect pool was narrowed further by comparing the results from the GEDMatch database to the DNA testing results they obtained from the crime scenes and sexual assaults. Investigators found one with similar matches to a 75-year-old man by the name of Joseph DeAngelo (P v DeAngelo, 2018). Due to the insufficient amount of evidence against Joseph DeAngelo, investigators were unable to obtain a warrant to acquire his DNA for comparison. Thus, investigators gathered his DNA from his car door handle while it was parked on public property, after physically spotting Joseph driving the car. Additional DNA was gathered from items he disposed of in his trash, like tissues, that were put out on the front street of his home. Both samples were found to be a match to the DNA found in the 1974-1986 murder and rape case investigations (BayAreaNewsGroup, 2021). Joseph DeAngelo was found guilty of multiple first-degree murders, with special circumstance murder during commission of rape, special circumstance murder during commission of a burglary, special circumstance murder during commission of a robbery, and 26 counts of different offences of the same crime class (P v DeAngelo 2018; Phillips, 2018). He received multiple life sentences without any possibility of parole.

Genetic Genealogy is Indispensable

Genetic genealogy is a proficient development for a finer analysis of DNA, by creating investigative leads that discover the missing person or the suspect through a comparative process that produces their family connections. Genetic genealogy has assisted in identifying multiple suspects in many case investigations and has helped to decrease the number of wrongful convictions. As with DNA analysis, comparing the data to DNA index systems leaves more room for error and the rates of wrongful accusations, as partial sequences found on a scene can skew the results. In the case of the GSK, law enforcement wrongfully arrested multiple suspects who were released because their DNA did not match that found on homicide crime scenes and sexual assaults. This could have ended horribly if the DNA samples gathered were cross-contaminated or skewed, as it could have led to wrongfully

61
The Forensic Science Alternate Universe convicting a different suspect based on their initial DNA analysis (Weyermann & Roux, 2021).
Forensic genetic genealogy is a relatively new concept in the forensic field.
With new techniques, arises ethical views of this procedure and whether law enforcement should be able to use genetic genealogy to aid in their investigations. The ethical concern pertains to privacy and social issues, as well as the public perspective. Ethics should be considered due to the information this technique reveals, like the participant’s ethnicity, medical history, and physical features

(Wickenheiser, 2019). Although genealogy websites’ policies prioritize the participants’ privacies and forbid law enforcement to use their data to aid in

investigations, some genealogy websites have updated their policies to allow the use of data for criminal investigations (Gafni et al., 2018). These new policies also provide the participant with the option to opt out of using their DNA to assist in any investigations, still providing the sense of privacy. Despite this, there is still an issue with consent. By granting permission to use DNA for an investigation, individuals are giving consent on behalf of their immediate and extended family

members as well, due to the DNA’s familial linkage. This leaves an individual, for

example a sibling or parent, who did not agree to have their DNA used during an investigation, with their rights violated through the initial person who gave consent (Guerrini et al., 2018).
An additional issue then arises where genetic genealogy databases hold greater importance to law enforcement and prosecutors than DNA data compiled from DNA index systems to which law enforcement have access. SNPs (single nucleotide polymorphisms) are variations in a DNA sequence at a single position. Genealogy databases hold a large amount of SNPs, and this allows for an individual's physical characteristics or medical history to be divined (Katsanis, 2020). The database provides law enforcement with additional information that they would not initially have through DNA testing and the DNA index systems. What is unknown to participants, however, is that law enforcement does not get access to the individuals’ SNP profiles, and they receive the same information as any other member of the database, which includes any familial matches (Guerrini,

2021; Katsanis, 2020). This ensures the public’s private information, like their

family medical history or ethnicity, is not provided to law enforcement to be misused.

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‘The Golden Standard’ – Alternate Universe Nonexistent of Genetic Genealogy
Some judicial courts believe that law enforcement should not be able to have access to these databases, as it goes against human rights and violates the privacy of uninformed relatives. By allowing law enforcement to use these databases, it presumes all participants should be under the same blanket of suspicion, giving investigators equal access to their genetic information, as opposed to only having information accessible by warrant, for those specifically suspected to be involed in a case (Moran, 2018).

A Universe Lacking Genetic Genealogy

Consider a world where genetic genealogy was not a possibility, in which those who developed this genetic advancement never succeeded, and genetic genealogy was never considered a valid approach. A world without a genealogical evolution would have no genealogy websites or databases, making investigators unable to discover any unknown deceased individuals, suspects, or family lineage. This creates an impact on society and the legal system, especially that of the Golden Killer Case, and future prospects.

Impacts on the Legal System

If the creators of genetic genealogy had never prospered, never gotten the idea of this DNA advancement, or had their proposal validated, then it would have taken a toll on the outcomes of the GSK case. Without genetic genealogy, investigators would be prosecuting the initial suspect, possibly leaving Joseph DeAngelo to be a free man and free of any punishments for his actions. As investigators were not able to retrieve other evidence besides DNA that would help direct them to suspect Joseph DeAngelo of these wrongdoings. This would result in possibly having an innocent person prosecuted based on their DNA moderately matching that gathered amongst the homicide and sexual assault cases, alongside any past criminal history the suspect has. As a result, an innocent individual would be wrongfully convicted. They would face distress from having to leave their family and job, despite their innocence. The case would have resulted in the GSK never being discovered, thus it would remain a cold case for an unsurmountable amount of time. Not being able to find or convict the true perpetrator of these horrid crimes would mean victims and their families do not receive any form of closure. For instance, if a victim were

63
The Forensic Science Alternate Universe brutally attacked and raped, and the only evidence found on scene was DNA from the perpetrator’s blood or semen, but investigators could not find any matches in their DNA index system, the case would go cold until new evidence was discovered. This would leave DeAngelo to roam free and possibly commit more violent acts, until further evidence was able to link the crimes to him. This would leave the victim and their families in worry that the perpetrator might come back to abuse the victim again, or leave individuals in the community in fear that their children are not safe.

Impacts on Society

The absence of genetic genealogy would have ramifications that extend beyond the victim and families of the GSK case. The public views law enforcement’s access to private genetic information as an invasion to their privacy (Richard, 2020). An absence of the GSK case breaking headlines in the media would not convey this perspective. In actuality, the public is split between protesting law enforcement’s use of personal and public genetic data being openly accessed, and supporting the use of genetic genealogy to aid in solving criminal activity (Richard, 2020). The public would have never been split between these two views as the discussion of the GSK case prevailing through the scope of an alternate timeline would not have advanced to the public.

Society’s view on the legal system or legislation is usually one-sided, as

most individuals do not evaluate benefits through legal or forensic perspectives, nor realise they may need to. In forensic genetic genealogy there is a lot of chatter from individuals in society on how it infringes on our rights and privacy. In the same way, however, that the perpetrator of the GSK case was identified through his family members, there would be an absence in genetic discoveries through legal and personal use. Genealogy is used in 80% of paternity cases, but in this alternate timeline, with no solution for discovery, these cases would drag on to unmanageable length (Adams, 2008). The GSK case has allowed for public awareness, and immense trust in scientific techniques, but with the absence of genetic genealogy in this alternate timeline this would all be meaningless with no financial or methodological motivation to pursue this line of analysis.
In this scenario, the absence of genetic genealogy would be detrimental to those who want to know their family ancestry, such as foster children, orphans, or

64
‘The Golden Standard’ – Alternate Universe Nonexistent of Genetic Genealogy even adopted individuals. The absence of trust in the scientific techniques reinforced by the success genealogy in the GSK would lead many of these children unable to find information on biological parents or family. They would have to go based on their paperwork and hope that their parents put their names down correctly. But what about those who were left on a doorstep or left behind? They would not have any records that would state who their parents are. This would lead them to a dead end, where they would be unable to find their biological family, discover their ancestry, reconnect with family, nor learn of important information from their family's medical history. Even individuals who are just curious about their ethnicity, their ancestry, or even their genetic makeup would not be able to have that information uncovered in these circumstances. They would have to fall back on documentation, family photo albums and family knowledge, to be able to provide the information they are looking for.
The trust in the legal system will be impacted by this alternate timeline as well. With genetic genealogy nonexistent, it eliminates the worries that the government will use DNA databases without consent or for unethical use, for the purpose of retrieving information that would not be otherwise available to law enforcement personnel. It also eliminates the concern of releasing their DNA data to the public or using it against them for prosecution, even in harmful and dangerous ways (Richard, 2020). This creates a more trustworthy environment towards the legal system’s ethical behaviour. Members of the public would not be worried that law enforcement will obtain their SNP information, gathering more information than they are cleared to have. People would have more trust in the legal system, knowing that their right to privacy is not being violated, and that ethical investigators are not distributing their genetic information. This may include family linkage, as some individuals might not want someone to know that they are related (Wickenheiser, 2019). If genetic genealogy were to exist, law enforcement could use the information it provides to their advantage. This would then include the GSK case, in which the privacy rights of database participants were violated by accessing DNA databases without participant consent.

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The Forensic Science Alternate Universe

Considering the Future

Without genetic genealogy, the GSK would have never been found and an innocent person would have been wrongly convicted. The absence of genetic genealogy leads to an increased number of cold cases and wrongfully accused individuals, as there would be no way to narrow down the pool of suspects just from the bases of DNA index systems. The use of forensic genetic genealogy has led to discoveries of perpetrators in different cases that were left unsolved prior to the GSK case. But as this technique is absent in the alternate timeline, cold cases would stay unsolved, families would still not have closure, and society would still be in fear of the perpetrator being out in their communities (Kennett, 2019). There would still be no methods or techniques that would aid in discovering who the perpetrator is unless they are later added to the DNA index system through criminal activity. This would lead investigators to fall back on their old techniques and possibly wrongfully convict an individual based on slight evidentiary confirmation, whether it be a partial DNA match or the time and place in which the accused and the victims lives coincided. Yet from another perspective it can be beneficial to individuals, as it will ensure that their private information stays confidential, and their DNA will not be used in any investigation without consent or a warrant.

Conclusion

It is important that we continue to further develop forensic science to expand our knowledge around genetic genealogy. There is more to be discovered around the issues of DNA analysis and the perception of a world without genetic genealogy. DNA analysis helps link the accused to the crime when all when there is no other evidence found. Genetic genealogy can help in that respect, as individuals from the same family share similar DNA sequences. Through the examination of the GSK case, and the revelation of Joseph DeAngelo as the perpetrator, the impact of genealogy to forensic science is clear. An alternative timeline that erases genealogy emphasizes the impacts of this absence on the legal system, and the impacts on the ethical perspectives within our society. Providing the possibility that families could not uncover their family trees, due to the absence of genetic genealogy and the mistrust in scientific enhancements, the absence of this genetic advancement would lead investigators in the GSK case to prosecute the wrong person. While genetic

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‘The Golden Standard’ – Alternate Universe Nonexistent of Genetic Genealogy genealogy has been a powerful tool used in current forensic science cases, there is still some concerns resolving privacy, social issues, and legal trust. There is a greater significance, however, with the advancement of genetic genealogy in forensic science as it still presents a substantial significance to the advancement of forensic technology and solving future crimes.

References

Adam, J. (2008). Paternity testing: blood types

and DNA. Nature Education, 1(1), 146.

controversial new forensic technique. PLoS

Biology, 16(10), e2006906.

https://www.nature.com/scitable/topicpage/pat ernity-testing-blood-types-and-dna-374/#url https://doi.org/10.1371/journal.pbio.2006906

Guerrini, C. J., Wickenheiser, R. A., Bettinger, B., McGuire, A. L., & Fullerton, S.M. (2021). Four misconceptions about investigative

genetic genealogy. Journal of Law and the Biosciences, 8(1), lsab001.

Alberts, B., Johnson, A., Lewis, J., Morgan, D., Raff, M., Roberts, K., & Walter, P. (2015). Molecular biology of the cell (6th ed.). Garland

Science.

https://doi.org/10.1093/jlb/lsab001

BayAreaNewsGroup (2021). P v DeAngelo Redacted Search Warrant (Final). Scribd Incorporation. Retrieved July 23, 2021, from

https://www.scribd.com/document/380774809/ P-v-DeAngelo-Redacted-Search-Warrant-Final

Katsanis, S. H. (2020). Predigrees and perpetrators: Uses of dna and genealogyin

forensic investigations. Animal Review of Genomics and Human Genetics, 21, 535-564.

https://doi.org/10.1146/annurev-genom- 111819-084213

BayAreaNewsGroup (2021). P v DeAngelo Redacted Arrest Warrant (Final) (1). Scribd Incorporation. Retrieved July 23, 2021, from

https://www.scribd.com/document/380775036/ P-v-DeAngelo-Redacted-Arrest-Warrant- Final-1

Kennett, D. (2019). Using genetic genealogydatabases in missing persons cases and to develop suspect leads in violent crimes.

Forensic Science International, 301, 107-117.

http://doi.org/10.1016/j.forsciint.2019.05.016

Gafni, M., Krieger, L. (2018). Here’s the “OpenSource” Genealogy DNA Website That

Helped Crack the Golden State Killer Case.

East Bay Times.

https://www.eastbaytimes.com/2018/04/26/anc estry-23andme-deny-assisting-law- enforcement-in-east-area-rapist-case/

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  • DNA Is Different: an Exploration of the Current Inadequacies of Genetic Privacy Protection in Recreational DNA Databases

    DNA Is Different: an Exploration of the Current Inadequacies of Genetic Privacy Protection in Recreational DNA Databases

    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St. John's University School of Law St. John's Law Review Volume 93 Number 3 Volume 93, 2019, Number 3 Article 10 DNA Is Different: An Exploration of the Current Inadequacies of Genetic Privacy Protection in Recreational DNA Databases Jamie M. Zeevi Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. NOTES DNA IS DIFFERENT: AN EXPLORATION OF THE CURRENT INADEQUACIES OF GENETIC PRIVACY PROTECTION IN RECREATIONAL DNA DATABASES JAMIE M. ZEEVI† “You may never commit a crime. But how should you feel if your DNA was used to locate a distant relative who did?”1 INTRODUCTION Joseph James DeAngelo Jr., more infamously known as the Golden State Killer,2 committed at least one hundred burglaries, raped at least fifty women, and murdered at least twelve people between 1974 and 1986.3 It took law enforcement officials more than forty years to identify him.4 Ray Charles Waller, recently identified as the NorCal Rapist, attacked and raped at least eleven † Managing Editor, St. John’s Law Review; J.D. Candidate, 2020, St. John’s University School of Law; B.A., 2012, Washington University in St. Louis. With many thanks to my family for their unwavering love, support, and encouragement, and to the members and editors of the St.

  • GENETIC PRIVACY AFTER CARPENTER Natalie Ram*

    COPYRIGHT © 2019 VIRGINIA LAW REVIEW ASSOCIATION GENETIC PRIVACY AFTER CARPENTER Natalie Ram* The recent arrest of the alleged Golden State Killer has ignited law en- forcement interest in using consumer genetic databases to crack cold cases. The break in that case came when investigators compared crime scene DNA to other DNA profiles searchable in an online genetic ge- nealogy database called GEDmatch. Yet consumer genetic services have responded to law enforcement interest in markedly different ways. Some have explicitly denounced law enforcement use and vowed to op- pose it; others have welcomed law enforcement expressly; and some have cooperated quietly with law enforcement, while keeping their us- ers in the dark. At almost the same time, the Supreme Court gave these platforms a new role in policing police access to their genetic * Associate Professor, University of Maryland Carey School of Law; J.D., Yale Law School; A.B., Princeton University. This work is supported by a Greenwall Faculty Scholars grant. Many thanks to Andrew Blair-Stanek, Max Blankfeld, I. Glenn Cohen, David Gray, Cynthia Ho, David Jaros, Dmitry Karshtedt, Sherri Lee Keene, Lee Kovarsky, William J. Moon, Mike Pappas, Jordan Paradise, Neil Richards, Jessica Roberts, Kevin Tu, Liza Vertinsky, and Leslie Wolf for their helpful comments on this project. This work benefitted from feedback at the Wiet Life Science Scholars Conference at Loyola Chicago School of Law, the Health Law Workshop at Harvard Law School, the University of Maryland-Univer- sity of Baltimore Joint Junior Faculty Workshop, and faculty workshops at American Univer- sity Washington College of Law, University of Houston Law Center, and the University of Maryland Carey School of Law.
  • Criminal Justice and Genetic Genealogy

    Criminal Justice and Genetic Genealogy

    Unraveling A podcast about science, technology, and criminal justice By: Emma Peaslee 1 Table of Contents: TABLE OF CONTENTS: ................................................................................................................................................................ 2 INTRODUCTION ............................................................................................................................................................................ 3 LITERATURE REVIEW ................................................................................................................................................................ 5 THE HISTORY OF DNA AND CRIME ...............................................................................................................................................................5 THE BUSINESS OF GENETIC GENEALOGY ......................................................................................................................................................8 CRIMINAL JUSTICE AND GENETIC GENEALOGY ........................................................................................................................................ 10 PRIVACY CONCERNS ........................................................................................................................................................................................ 14 METHODOLOGY ........................................................................................................................................................................