OUR OFFICES ARE OPEN as we are deemed essential by the state. We are taking every precaution to ensure our clients and team members are safe. Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

 

DNA evidence is not infallible

On Behalf of | Sep 13, 2021 | Criminal Defense

Most Minnesota residents know that forensic scientists link suspects with crimes by comparing the DNA in their blood to DNA taken from the samples gathered at the scene. The science behind DNA analysis is extremely strong, but this kind of evidence is far from infallible. Tissue samples collected at crime scenes change hands several times before they are tested, and the technicians who collect them may be the only people taking precautions to prevent contamination.

Chain of custody

Prosecutors who introduce DNA evidence must provide a list of the people who came into contact with the tissue sample. This is known as a chain of custody. When questions about the reliability of DNA testing arise, these people may be questioned to find out how the sample was packaged and transported. This is important because tissue samples that are not packaged in sealed bags can become contaminated, and samples exposed to the elements can be damaged by heat or cold.

Challenging DNA evidence

Experienced criminal defense attorneys may study the chain of custody forms carefully for unexplained gaps or unnecessary delays that could have left tissue samples vulnerable to contamination or degradation. They may also question scientists in court to establish how much they know about the way samples are gathered, stored, and transported. These questions are important because forensic scientists test tiny samples and even a minor transportation lapse could cause a mistake.

Plea negotiations

When DNA evidence seems to be conclusive and crime scene investigators and forensic scientists appear to have followed proper protocols, an experienced criminal defense attorney would likely suggest pursuing a negotiated agreement. This evidence is not infallible, but it is extremely convincing if it is backed up by solid police work. However, even prosecutors with strong evidence may be willing to make concessions in return for a quick resolution.