Tag: DNA

Netflix’s I Just Killed My Dad – Behind The Scenes With Attorney Jarrett Ambeau

Jarrett Ambeau stars in the immensely popular Netflix documentary I Just Killed My Dad.  He represents Anthony Templet and is a renowned criminal defense attorney in Baton Rouge, Louisiana.  Jarrett joins Crime Redefined to take us behind the scenes of the Templet case, the Netflix documentary, and much more! Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

Lindsey Wade-DNA Detective-S1 31

Lindsey Wade (lindseywade.org) has just authored a book about her incredible career as a cold case detective with the Tacoma Police Department where she masterfully leveraged the latest advances in DNA technology to solve cases decades old. She now works tirelessly with the Washington State Attorney General’s Office on a sexual assault kit initiative that strives to resolve even more cases with DNA technology. Lindsey joins Crime Redefined to discuss her fascinating career.  Hosted by Dion Mitchell and Mehul Anjaria. A Zero Cliff Media production.

Lindsey Wade-DNA Detective

Unofficial Transcript

 

B=Show Bumpers

DM=Dion Mitchell, Co-host

MA=Mehul Anjaria, Co-host

LW=Lindsey Wade

 

B

Welcome to the crime redefined podcast produced by Zero Cliff Media coming to you from the US Bank tower high above downtown Los Angeles. In our podcast, we drill deep into forensics and criminal investigation from the viewpoint of the defense as well as explore the intersection of the media and the justice system.

 

DM

Hey, crime redefined fans. I’m Dion Mitchell and with me is my co-host, Mehul Anjaria. On this episode of Crime Redefined we are joined by Lindsey Wade, who retired from the Tacoma police department as a cold case detective in 2018, after an illustrious 21 year career, Pretty cool, huh, Mehul?

 

MA

Yeah, but you know, she didn’t really retire. As soon as she was done with Tacoma police department, she immediately started writing a book. And she also began working with the Washington State Attorney General’s office, and she was working on their sexual assault kit initiative. And that’s because it’s it’s pretty clear that her passion is using DNA to solve cold cases. And as a matter of fact, she was instrumental in the 2019 passage of the so-called Jennifer and Michella’s law, which served to expand the types of samples that could be placed into the DNA database, aka CODIS.

 

DM

That’s right. And I guess I’m always impressed when I hear 21 years at anything. It sounds like part of her retirement is she has a new book that’s going to be available soon. And it will be a glimpse into the mind of a brilliant detective and her persistence in solving the most difficult and hideous crimes. Her signature case, if you will, is the disturbing sexual assault and murder of Michella Welch and Jennifer Bastian in 1986. in Tacoma, Washington, they were only 12 and 13 years old, respectively. And at the time, Lindsey Wade was just 11 years old.

 

MA

This is a disturbing and fascinating case. And it’s very cool how it got solved eventually, with DNA technology. So we’re going to talk about the case with Lindsey, of course, but we’re not going to necessarily go through the nuts and bolts of it. So I would recommend listeners that after this episode, check out the Dateline episode, entitled, ‘evil was watching’. And it’s all about this case, I think it was from 2019. Lindsay’s in it. And so you could actually go to Lindsay’s website, which is Lindseywade.org,  that’s Lindseywade.org. And she has a link to the full episode. And also on her site, you can see her appearance on ‘on the case with Paula Zahn’, and she’s been on a number of news stories as well.

 

DM

You know, her work was really familiar to me, not necessarily her work, but the case that she was involved in having lived in the northwest for a number of years myself, I’m particularly interested in hearing about Lindsey’s thoughts on Ted Bundy and how she tracked down his DNA. And I’m sure that’s going to be fascinating. As you will hear, Lindsey has been at the forefront of DNA technology using many of the techniques we have discussed on past Crime Redefined episodes.

 

MA

Yeah, it’s definitely going to be this interview will be a good rehash of some of the themes we’ve hit on in the past, but

 

DM

Well, it’s just like real world application type stuff, right? Hey, here’s a, you know, 21 years career, here’s a person who’s on the forefront, you know, the things we’re talking about, boom, here they are using it.

 

MA

Right, this is how to use it in the field. And, you know, along those lines, we haven’t really talked to many detectives on this podcast. So it’s going to be, you know, really cool to hear Lindsey’s take on how the system works, how it doesn’t work, and how she does her job and what her part in this this whole system is. So, I really think that you know, whether listeners, you’re a criminal justice practitioner, or maybe you’re just a fan of true crime and want to know how things are really done, you know, how how investigations are conducted, how DNA and other science is used. I mean, I think you’re really going to enjoy this interview and learn a lot from it. So let’s get to it.

 

DM

Hey, Lindsey, welcome to Crime Redefined today.

 

 

LW

Thanks for having me.

 

DM

Mehul and I are excited to speak with you and hear about your interesting cases and amazing career.

 

LW

Yes, well. It’s been interesting, to say the least

 

MA

Lindsey, let’s kind of go go way back. Take us back to 1986. When you first heard about the murders of Michella Welch and Jennifer Bastian, what kind of effect did that have on you personally, when you were a young girl, and you know what kind of effect did that have on the community you know, these terrible murders?

 

LW

Well, you know, I was a young girl, you know, elementary school, I think I was 11 at the time. And so, you know, it’s pretty shocking. And it was, it was pretty terrifying for kids and adults, it really had a pretty significant impact on the community, not just, you know, the, the city of Tacoma, but kind of the surrounding communities as well. And it lasted a very long time. That, you know, the cases went unsolved for over 30 years. So they really, you know, became almost like, urban legend in this area. And, you know, most people that have lived here, for any length of time, you know, knew something about the cases or, you know, had heard about them, and, you know, everybody, and I have their own take on, you know, what kind of an effect the cases have on them personally.

 

DM

Tell us about what were the big factors in those two cases that led everyone to believe that they must have been committed by the same perpetrator?

 

LW

So unfortunately, I can’t talk about the Michella Welch case. At this point. I agreed with the prosecutors that I won’t do any interviews on that case, until it’s resolved. That offender is awaiting trial. You know, I’m sure you guys can piece together the information that’s already out there in the media, about, you know, why we thought the cases were related. But I just, I can’t speak about her case at this point.

 

MA

Yeah, yeah. Fair enough. And we’ll come back to that case a little bit, you know, in in general terms, but I want to pick up Lindsey on your trajectory towards a career in law enforcement. Tell us a little bit about where you were in life when you first picked up the stranger beside me by Anne Rule. And, you know, what drew you to that book? What did you take from that? And, you know, what did that book mean to you?

 

LW

Well, I was in high school, and, you know, when I read that book, it, it definitely kind of set me on my path towards becoming a police officer, and eventually a detective. You know, that book really scared the shit out of me to be I, it was just unbelievable. And the fact that it, you know, a lot of it happened near where I lived, and you know, that Ted Bundy was from Tacoma, and, you know, all these things were just so fascinating to me. And, you know, that was the first time that I really read about, you know, police investigations, and I was just absolutely fascinated. And not only was I fascinated with the investigative part, you know, it also just absolutely floored me that, you know, somebody like him could be so successful and, you know, operate for as long as he did, and, you know, that he just pulled the wool over everyone’s eyes. And, you know, people just absolutely could not believe that he would be capable of the crimes that he committed. And, and so, you know, I just think there were so many different elements about that book that stuck with me. And really, you know, from from that point on, I just kind of knew that, you know, that’s what I wanted to do with my life was, you know, be a detective.

 

DM

Let me build on that a little bit, tell us about your career in law enforcement. But what were your first impressions of the job? While you’re at the academy? And then when you first went on patrol?

 

LW

Oh, okay. So the police academy was, you know, that’s your first stop. And so that was, at that time, a three-month period. And, you know, really, the police academy is like drinking from a firehose, I mean, you’re trying to learn everything, you’re trying to learn laws, and you’re trying to learn, you know, Criminal Procedure, and how to do traffic stops, and how to, you know, how to handcuff somebody. And, you know, there’s just so much that, you know, when you get out of the Academy, and, I mean, I can clearly remember my first day on the street. And, you know, just, I was 22 years old by that point. And I just, I just remember thinking, this is crazy, like, I, I mean, I really have no idea what I’m doing. And, I mean, honestly, nobody does when they come out of the Academy, you know, and that’s why you have a training officer and, you know, you you ride with a training officer for several months before you’re on your own and, you know, even then, I mean, I think for most officers, you know, it takes several years before you really, you know, feel confident in yourself. In your abilities, you know, to handle pretty much any situation that gets thrown at you. I mean, when you think about most jobs, you have kind of a set parameter and set parameters of what your duties are. When you’re a police officer. I mean, it’s like anything goes, I mean, you know, your day is not dictated by you, you have no control over what happens. And you’re expected to be an expert in about 100 different things. And so it’s, it’s challenging. And it’s, you know, it’s an exciting job. It’s a job like, no other I would say. But, you know, I did enjoy my time as a patrol officer, I spent about five years in patrol, and then made a short transfer to narcotics, I spent about a year there. And I was on the detective list when I was in narcotics. And so I ended up getting promoted. A little after a year of being there to detective.

 

 

DM

Did that switch to narcotics, Was that something you wanted to do? Or just came organically?

 

LW

It was something I wanted to do. I knew it was a good steppingstone for becoming a detective.

 

DM

Which is which that was your obviously your endgame. And the other quick follow up question. You mentioned the Academy is, was your training that was three months? correct?

 

LW

Yes.

 

DM

Is that something just that you feel? having gone through it that should be longer? You know, four months, five months, six months, or longer

 

LW

Now it is actually six months currently, but you know, when I went through, it was three months.

 

MA

So I want to go back to Ted Bundy. So once you became a detective, I understand that you were interested in getting Ted Bundy’s DNA profile into CODIS, could you walk us through a little bit about how you went about doing that, and what some of the roadblocks were?

 

LW

Sure. So in 2011, I was working with my then partner, Gene Miller, and he was the cold case detective for our agency at that time. And we had been discussing the Ann Marie Burr  case, which is the oldest cold case, in Tacoma. It happened in 1961. And, you know, a lot of people have believed over the years that perhaps, Ann Marie Burr might be, you know, Ted Bundy’s, first victim. And so, you know, we knew that, but at the same time, there was really nothing in the case that linked him to the crime. And so, kind of, during our early discussions about the case, we started talking about suspects. And, of course, Bundy’s name came up and, and I started, you know, kind of wondering, Well, you know, if, in fact, we do you have any testable evidence in this case, are we going to have anybody to compare it to, and so that kind of started me on my journey of researching, Bundy, and, you know, striking out all over the place when I was searching for his DNA. And, you know, it wasn’t in Washington, I couldn’t find it at the medical examiner’s office where he was executed, and finally ended up getting in contact with the Florida Department of law enforcement crime lab and talking to their CODIS manager. And, you know, he, and I just sort of put our heads together, because, you know, he had been asked the same question multiple times. And, you know, the answer was always No, you know, we don’t have it. And so, you know, we kind of brainstormed and thought about, well, you know, how could we find his DNA? And so I kind of went on my journey in Washington, tracking down leads, which, you know, ultimately led me to an Ann Rule. And, you know, she was able to provide me with some letters and envelopes from letters that he had written to her when he was in jail, and prison. And so I thought, well, you know, maybe there’s a possibility I could get his DNA from the stamps on the letters. And so that was kind of one avenue of investigation. And then David Coffman, the CODIS manager down in Florida. He kind of went on his own path. And so I guess they have kind of a Bundy Museum at the crime lab down there. And so he looked at some items that were in the lab. But you know, couldn’t get a usable profile. And so, he could, you know, continued on with his search and he actually ended up finding I think it was two blood vials in the I believe it was the Columbia County Clerk’s office. And these vials had been collected from Bundy in 1978. Shortly after he was arrested, and, you know, the vial the blood itself, the liquid blood was no good. It was, you know, completely putrified. Luckily, there was dried blood on the lid of the the vials. And so he was able to his lab was able to generate a full profile from that and get it uploaded into Florida’s DNA database, which was a great start, but then that’s, you know, I was told that’s where it was gonna stay, because Bundy didn’t meet the criteria to go into the national database. And I was like, wait a minute.

 

DM

After all that,

 

LW

yeah, like, I mean, it’s great that he’s going into Florida. I mean, right? murders across the country, how can his DNA only reside in Florida’s database, that makes no sense. And so there was a conversation that took place with the NDIS custodian, that, you know, the FBI to try to figure out how to rectify the situation. And eventually, it was decided that he would go into national in the legal index. And so that’s where he sits currently. And so now his profile, you know, can be searched against profiles from, you know, all the other state databases as well.

 

DM

That’s a good segue to my next question. And besides the case that you just mentioned, are there other murders you’re convinced Bundy is responsible for? And if so, Which ones?

 

LW

I can’t say I’m convinced of any, because I know there aren’t any that it’s just like, Oh, for sure. There’s so much evidence overwhelmingly, it’s him. Not one that I know of. I know that there are, you know, certainly cases that people suspect him of. And I have no doubt that he’s committed way more murders than we know about. You know, he confessed to 30 right before he was executed. And 11 of those were in Washington, but only eight of those victims have been identified. So, I mean, we know he committed more murders. But, you know, I don’t know, you know, if we’ll ever link him to those cases, I hope, I hope this at some point, he is linked by, you know, scientific methods, but at this point, you know, there are, it’s hard to say,

 

DM

yeah, it was that was my next question is what do you think just personally, what do you think his real number is?

 

LW

I don’t know. Um, you know, I’ve heard all the, you know, triple digit stuff. And I mean, I don’t know, it’s hard to say, I mean, it is strange, that he would have, you know, starting his killing career in his 20s, it seems, you know, pretty late for somebody like him to have started killing. But I just don’t think that we’ll ever know, why , I know we won’t ever know his history or number. But I think it’s, you know, far more than 30.

 

MA

Well, Lindsey, in researching your career, I learned about, I think, for the first time, the phenomenon of these so-called civil commitment centers, such as the one on McNeil Island on Puget Sound. And I actually had never heard of this concept before. Can you explain to our listeners a little bit about the history of these centers, what their purpose is, and then, you know, moving into what your specific interest was, with regards to them and collecting DNA?

 

LW

Sure. So there are 22 states in the United States that have civil commitment laws. And what that means is, an offender who is deemed to be a sexually violent predator can be detained civilly for an indeterminate amount of time after they serve their prison sentence. So basically, the state deems them too dangerous to be released out into the community when they’re done with prison, and so instead of being released, they get detained. And then they go through a trial. And then well, you know, if they’re, if they are found to meet the definition of being a sexually violent predator than they are detained at this facility, and so in Washington, we have a place called the special commitment center, and it’s on McNeil Island, and offenders who are found to be sexually violent predators and those who are pending trial. So those that are just detained waiting to be tried for this can be held out there and it’s a secured facility. You know, they can’t leave If so, you know, since the program started, I believe they’ve had well over 400 sexually violent predators that have gone through the island. The program started in 1990, I believe, here in Washington and back again, 2011. It was my year, I guess. 2011, I was working on a cold case. And I was in contact with Department of Corrections on a pretty regular basis, because, you know, get records from them on different things. And I started asking some questions about the special commitment center. And specifically about, you know, whether or not all the sex predators on the island had their DNA in CODIS. And I never really, you know, got an answer initially. And once they did some research, they figured out that actually, no, the answer is no. And a lot of the offenders out there had never had their DNA collected. So I was, it ended up being over 40. people out there who had not had their DNA collected. And so that was a, you know, a well over a year, probably closer to two-year long project, working with the special commitment center staff, and the State Patrol crime lab, to get those individuals DNA collected. And then, you know, there was one person who refused, and so we had to take them to court. And so it took a while, but eventually, all the samples were collected from these guys, and some of them had been out there since the 90s. And probably would never be released, you know, because of their history. And so once all the samples were collected and uploaded into CODIS, they ended up actually getting a hit on one of the guys. And his name is Michael Halgren. And he was I think at the special commitment center since 2001. And he and he had come there from prison. And he hit to a 1980 murder case, and have a like a 19 year old woman in Bellevue, Washington, which is a city north of Tacoma. And so that was really exciting. Because I mean, I really thought, oh, gosh, you know, that we’re going to like, there’s going to be some CODIS hits out of this, for sure, these guys are the worst of the worst in Washington. And, you know, sure enough, one of them hit to this, this murder case. And when I spoke to the detective, who was investigating that case, he had been investigating that case for 12 years, you know, dozens of DNA samples from suspects, and you know, never made any headway on the case. And then one day, he comes into work, and he’s got this crime lab report in his box that says, there’s a hit on this cold case, you know, and he had no idea why they had came in. And so when I called them up and told him about the project, and he was, he was pretty excited.

 

DM

I can’t imagine what that feeling must be like, as, you know, if you’re working a cold case, like all of a sudden, you’re like you said you’ve been, you know, putting in the time and energy in. And then he walks in, and then like, boom, it’s laying on his desk.

 

LW

Yeah, yeah. And a name that he had never heard before. I mean, he was not in the case file. He wasn’t, you know, a person of interest. And so, you know, it was it was a shock. But, you know, it was it was just amazing. And he was, he was kind enough to let me go with him to make the arrest out on the Island and bring the guy back to be booked in for the murder.

 

DM

I guess however gets done. Right. No matter how you get there, as long as you get there, right?

 

LW

Yes, exactly.

 

DM

You know, going back to the Michella and Welch in the Jennifer Bastian cases. And it seems like you’re really on the forefront of a lot of this tech DNA technology. There was such an interesting use of everything new in DNA techniques, such as early genetic genealogy, DNA phenotyping, and, of course, more advanced genetic genealogy. When you were a detective, how did that how is it that you became aware of these tools and that you stayed on top of all of them, especially since they were kind of like growing really by the day?

LW

Right? I just I made it a point to really try to stay on top of anything, any kind of forensic technology. I’ve always been really interested in DNA. And so I just kind of made it my mission to build relationships. with people that are much smarter than me, and so, you know, So it’s like I, you know, just sort of have created this network of people that I really was able to learn from over the years and ask a ton of questions. Whether it was, you know, with somebody from the crime lab, or, you know, forensic anthropologist, or, you know, I’ve got a good friend who’s a, you know, a DNA expert. And so, it’s, you know, it’s been helpful to cultivate those relationships, and then, you know, stay on top of it by going to trainings and talking with detectives. And really, you know, that’s how I first learned about genetic genealogy was talking to a detective in Phoenix, who, you know, told me about the canal murders and the surname search that Colleen Fitzpatrick had done. And, and that was in 2015. And, you know, when I heard that, I was like, Oh, I got to do this. And so, you know, ultimately, that’s what led to the arrest. And then the Jennifer Bastian case, of course, was that surname. And, you know, that was, you know, one of the surnames that Colleen had provided me with Washburn, and that turned out to be, you know, my suspect’s last name. So, um, you know, just, it’s amazing how fast just from 2015 to 20, you know, well, even Yeah, to now to 2021, how quickly the technology has changed, and the M-Vac, I mean, I thought, and that was, like, you know, the next coming of Christ. And then, you know, all of a sudden, you know, now there’s genetic genealogy, and you know, that, you know, it’s been one thing after the other, and it’s just such an exciting time for anyone working cold cases, because, I mean, I can remember for years, I, there are so many cases that I worked on for years. And I mean, I, I mean, I spent hundreds of hours on these cases, I submitted, you know, dozens and dozens of pieces of evidence to the crime lab, to the point where I’m sure the lab was so tired of me calling. And never made a dent, you know, never advanced the cases forward. And it was so frustrating. And, you know, as a cold case, Detective, that’s the majority of your day, that’s the majority of your week, and your month, and your year is, it’s like swimming upstream. And so when this new technology came along, at least for those cases, where there is DNA, it’s been a game changer, as you know, these cases that were previously thought to be unsolvable, you know, now, you know, you can get answers. It’s, it doesn’t help for those cases where you don’t have DNA. And I would say, most cold cases do not have DNA. And so it’s, it’s still really hard for those families that are waiting for answers. And they, you know, their case doesn’t have, you know, can’t be worked with genetic genealogy, or, you know, people think it’s kind of like, a slot machine, or like the magic button, right? It really isn’t. You know, those cases are few and far between. And so that, you know, I think that right now, there seems to be such a great interest in, in the public with cold cases. And so I think that’s really great. Because I’m, you know, I think that’s going to help kind of keep that energy going and help kind of keep the momentum. And, you know, a lot of agencies don’t have resources, and they don’t have people to work. They’re cold cases. And so they just are, you know, they’re languishing. They’re sitting on a shelf collecting dust. And so I think that because of all the interest that’s out there, you know, I think that it will help to, you know, also, hopefully, have these agencies put some resources towards it, right.

 

 

DM

You must really think, like, for the cases where there is DNA, you must look back and go, Oh, my God, what were we doing before these technologies? Were here? I mean, you were literally feeling around the dark.

 

LW

Yeah

 

DM

Did this make you because of you are really staying on top of us within the department. Did this kind of making you use kind of a baseball term, like a closer was like, like a rock star, everybody that had a DNA in their case where they all coming to you for your, for your help, and for your input?

 

LW

Not really, no Yeah, I wouldn’t. I wouldn’t say that. I mean, people would ask me questions, but I no, I don’t think so. It wasn’t that way, although now working at the attorney general’s office, and, you know, of course, now I have access to cases statewide. And so, you know, I have done some case reviews for other agencies and, you know, looked at their cold cases. And so, you know, I am able to kind of utilize those skills and to help people, you know, other than just Tacoma cases, but cases all around the state of Washington, which has been nice.

 

MA

Well, Lindsay, other than the the almighty gold standard that DNA is, what would you say, is the most the the next most powerful tool that you would have is a cold case detective?

 

LW

Time, I mean, you have time, and you know, relationships change. And, you know, this, that person that might not have wanted to talk 20 years ago, because of a relationship they had, that relationship may no longer be in existence. So, or, you know, their, their life has changed. And, and so they, you know, they just feel differently about the situation. So I think time is a benefit, and it’s something that can help with cold cases. And the fact that you have time as a detective, you know, when you’re working a fresh murder case, you you’re on the clock, you’re, you know, the clock is ticking, there’s a lot of pressure to solve the case quickly. But with a cold case, you don’t have that pressure, you have time to sit back and focus and come up with a game plan and look at the case from different angles. And that’s not a luxury that you have with a fresh case.

 

MA

Yeah, and then I suppose another emerging tool is actually the media and podcasts, you know, just kind of waking people up to getting interested in it. And maybe people are crawling out of the woodwork. And we hear how that is now invigorating, a lot of these investigations. It’s almost like a crowdsourcing approach to it.

LW

Yeah. Yeah. I mean, people are interested. And you know, they’re talking about these cases. And they’re, you know, you’ve got the web sleuth community and, you know, people doing their own research and, you know, it’s, there’s just, it’s a lot more visible than it used to be.

 

DM

Yeah, you’ve just got a lot of eyeballs, you know, looking at these cases now. Tell us about the time period around your retirement from Tacoma PD, what was the status of the Bastian-Welch investigation? And then kind of walk us through the case breakthrough that happened shortly after your retirement?

 

LW

Yeah. So I, you know, 20, kind of the beginning of 2018, I had been approached by the attorney general’s office, about a grant that they had received, and this position that was going to be coming available as an investigator working on the statewide sexual assault kit initiative. And, you know, at that point, I, you know, I gave it a lot of thought, and, you know, I decided that I was ready to make a change and do something different, and, you know, to be to retire from law enforcement, you know, by that point, I’ve been on for 21 years. And so, I decided that I was going to go ahead and do it. And I had been, you know, in the years, couple years prior to that, doing a ton of work on those cases. And it collected about 160 DNA samples from, you know, potential suspects. And those cases, you know, those samples were being sent off to the lab in small batches, for testing, and so January of 2018, I had sent off the last batch of samples to the crime lab, knowing full well, you know, it’d be a few months before they the results came back. But I really, I mean, I had no hope at that point that, you know, any of them were going to result in a hit, you know, all of the ones in my mind that I thought looked really good, had already come back, not a match. And so, you know, when I left, I had kind of this To Do List of, you know, all these different things that were pending at the lab that I had handed off to my coworker that took over for me, and it just, you know, I was, I was sad, in a sense to be leaving and, and really that, you know, one of the hardest things was was telling Jennifer Bastian’s mom that I was leaving, because we’d become really close. And, you know, she knew that I had put a lot of time into working on her daughter’s case. So that was one of the hardest things. But you know, I kind of in the back of my mind was thinking, Well, I’m going to be doing all this work with DNA for the the Attorney General’s office. And so, you know, I think there’s still hope that at some point, you know, these cases will still be solved, you know, maybe it’ll be as a result of, you know, the sexual assault kit, testing, who knows? So that was sort of, you know, that was it for me. I mean, I left, retired in April of 2018. And went to work for the attorney general’s office. And it was less than a month later, I think it was, like, 25 days later, I get a call from the detective who replaced me in the cold case unit, telling me that he had gotten a hit on the Jennifer Bastian case. And it was, you know, one of the last one of the guys that was in that last batch of samples that I had submitted in January. And so, you know, it was, it was overwhelming.

 

 

 

DM

Well, do you mind if I ask where you were at, or what you were doing when you got the call?

 

LW

Yeah, I was at home, I was working from home. And, you know, when he called me, you know, I just, I couldn’t even respond initially, I was just so overwhelmed. And then, you know, I asked him who, you know, what’s the name? Who is it, and he told me, and then, you know, I knew exactly who it was when he told me the name Washburn, but, you know, Washburn, he wasn’t really, he didn’t look like a really good suspect. On paper. He, the only reason that I even included him in my list of people to get samples from was because of his last name. But you know, everybody else that I had collected from at that point, were people that I had kind of deemed higher priority based on, you know, their criminal history, mainly, and this guy, you know, he really didn’t have anything that stood out at all. And he really was only, you know, collected from because of his last name. So anyway, it was, it was just overwhelming. And even more difficult was that I had to wait two days to tell Patty Bastian about the hit, because of course, we wanted to keep it under wraps until he was in custody. And he was out of state. And so detectives had to fly to Illinois to arrest him. And then as soon as he was in custody, then I got to go knock on Patti’s door, and tell her the news. And so that was pretty, it was the best day of my career without a doubt hands down.

 

MA

You know, and I guess along those lines, Lindsay, you probably never can truly retire. Because this is going to continue to happen, that cases that you worked 20 or 30 years ago, whatever, they’re gonna continue to get solved and suck you back in and and i’m sure along those lines, you’ve built other relationships with family members, and it just would imagine it’s gonna stay a part of you for the rest of your days.

 

LW

Yeah, I mean, it’s, you know, it’s hard. Because, you know, this the cases, I think, I think more about the cases that I didn’t solve more than the cases that I that I did solve, and, you know, this this case is, I mean, they keep me up at night. Because, you know, as a detective, I mean, you take those cases, personally, and, you know, you, you do build a relationship with family members. And but you also, you know, have just a personal stake in the case. And so, it is hard. And, you know, for ask any homicide detective, and when they retire, you know, the hardest thing for them to do when they retire is to have any open cases left, because it’s just, you know, you feel like you just didn’t do your job.

 

MA

Well, kind of continuing with the more personal questions. I read a fantastic blog post on your website, entitled, ‘I am me’. Can you tell us a little bit about what inspired you to write that, and what its meaning is, particularly through the lens of today, you know, with the tough times for race relations, and of course, police-community relations.

 

LW

Yeah, you know, I mean, I, when I wrote that it was, you know, kind of, I think, maybe it was right after George Floyd, but, you know, things have just become just so polarizing. And I kind of feel like I’m sort of stuck in the middle, you know, because I am a black female, but I’m also, you know, a former police officer, you know, my husband’s a police officer. And, you know, it’s, I understand both sides. And so I, you know, sometimes feel like I’m sort of stuck in the middle, and so that’s, that’s kind of where that poem came from as is, you know, I just had all these thoughts and all these feelings. And, you know, for me, the way that I like to express my feelings is to write things. And so, you know, that’s, that’s where that came from.

 

DM

I guess it’s kind of a good segue, I want to wish you congratulations, I understand that you’re a new author.

 

LW

Yes. So I, I started writing my book shortly after I retired. And, at this point, just working with my, my agent on a, you know, trying to figure out how we’re going to get it published. So it’s been a very long road, I know nothing about, you know, the publishing industry or the literary world. And so it’s been a huge learning curve for me. You know, I’m used to writing police reports, where it’s like, who, when, what, where, you know, why, and how, and that’s it, you don’t add your, your opinion. And you don’t add your feelings, for sure. And so, writing a book that somebody wants to read, is quite different than, you know, the style of writing that I’m used to. So it’s been challenging, but also a lot of fun, to be able to actually, you know, get my thoughts and feelings down on paper and, and to share, you know, some of the interesting cases that I worked on in my career,

 

DM

that’s really interesting, and makes me think, tell us, can you tell me just share with our listeners just a little bit about the process? Because that’s a, that’s a big transition that you just mentioned. So how do you go from reports to basically entertainment? So how did you like, you carve out a space in your house? And how did you make that transition?

 

LW

So I, I think, when I was writing the book for print, most of the time, I literally just, you know, had a desk in my living room. And I would write after my family went to bed. So I just had, you know, peace and quiet. It, you know, early on, I actually hired a book coach, and that was the best thing I could have done, because she really helped kind of shape the way that I was writing and, and move it from, okay, just, you know, getting all the facts down, versus, you know, What did it look like? What did it smell like? What did it feel like?, you know, let’s add some color, you know, all the things that I was that, you know, it was like, beat into me, as a, you know, a police officer, you know, you don’t write that stuff. It just took a long time to write it, even though I was used to reading books, and I knew what I liked to read, it was hard to write it. And so, you know, it took it took a lot of editing a lot of back and forth, a lot of track changes with my book coach, but she really did help push me to get add more of that flavor. And, you know, add the life into the story. And, and then when I found my agent, you know, she also helped me with that considerably. And so, you know, it’s been great working with people that are professional writers. And you know, I am not a professional writer, I am, you know, I’m, I guess I’m a subject matter expert that’s writing about my subject matter. And so, it’s been great to have those people that are experts in that, and their craft helped me along the way.

 

MA

Lindsay, you’ve also been a very strong and excellent advocate for the expansion of these DNA databases. Can you describe for us a little bit about the work you did in developing, promoting and eventually executing Jennifer and Michella’s law?

 

LW

Yeah, so um, I worked really closely with Washington State Representative Tina Orwall. And she’s been a big proponent of sexual assault reform and a lot of the legislation that’s occurred in Washington since 2015 related to sexual assaults, and, you know, victims of sexual assault and really, you know, helping survivors get justice. And so I was able to work with her and, gosh, we went, I think it took four years of advocating before we finally got that bill passed into law. And it was it was hard. You know, Patti Bastian was a huge advocate. And she would come down to Olympia and testify. I would go down and testify. And it was finally you know, in 2019, and we finally had enough backing and support to get that law passed. And, you know, it was fantastic, you know, it’s, it’s, it’s much needed, and I think it’s so great to have you know, something -a law. especially related to DNA, you know, in the name of those two girls, because, you know, they should never be forgotten. And I think, you know, DNA is such a powerful tool. And we assume, I think a lot of people assume that because the DNA laws have been around for so long, that the system really works, and that people’s DNA does actually get collected when they go to prison, and it gets put into CODIS. But, you know, it’s, that’s not always the case. And so, you know, for me, and I’m always looking for ways to kind of fix some of the loopholes, when it comes to DNA related laws.

 

DM

You know, I want to take advantage, Lindsey, of our unique opportunity to speak with you. And your background, you’re such an accomplished detective, and I really excited to kind of ask this question, walk us through, what are the initial steps in a cold case investigation? So a detective picks up a binder on a case and he or she is hoping to rekindle. What are those first steps out of the gate to kind of fire things up?

 

LW

Read the case, you know, the first thing you want to do is, you know, I guess even before you read it is you want to look to make sure you have everything and you know, with cold cases, especially, you know, you’ll find that there might be documents at the prosecutor’s office, or the crime lab or the medical examiner’s office, or the property room that are not in the binder. So, it’s really important to make sure you have everything to start with. And then to read it over. And you know, usually more than once, and I’m a big sticky note, component or proponent. And so, you know, I, for me, I would read through the book first just and then go back a second time and read it and make sticky note. And, you know, make notes for myself on things that I found interesting things I wanted to go back to things I wanted to look into. And then, you know, you kind of have to figure out, Where’s everybody at? You’ve got all these people listed in the in the case? Are they alive? Are they dead? Are they in prison? Did they move to Oklahoma? You know, you got to figure out where these people are? And you know, are you going to be able to locate them? And then, you know, really, really importantly, for me, especially since I always kind of focused on the forensic side was, what about the evidence? You know, what kind of evidence was collected? Is it still maintained? And what can we do with that evidence today that couldn’t, you know, that couldn’t have been done when the crime was committed? And so, you know, one of the things that I always find interesting is, sometimes I’ll hear, you know, detectives say, Well, you know, yeah, they did DNA testing already. And they didn’t find anything. Okay, well, if they didn’t do DNA testing within the last, like, five years, they need, So I, when people tell me that I just like, yeah, okay, I’m gonna, let’s take another look. But, you know, and, you know, it’s not just DNA, I mean, heck, you know, with next generation fingerprinting, they’re solving all kinds of cases now, with, with that technology, because a lot of these fingerprints haven’t been looked at in these cases for decades. And so, you know, that’s really been a game changer for some of these cold cases. But I think it’s, you know, just important to look at everything, you know, and because with cold cases, you weren’t there, you weren’t part of the investigation originally, you know, it’s important to go back to the crime scene, it’s important to talk to everybody. And you know, in some cases, you know, I’ll even go back and talk to the medical examiner, and have them really explain to me like, how did you come up with this? You know, or how did the medical examiner from that time, come up with this determination? Because I don’t really understand it. I think the biggest mistake that a detective can make is not asking questions. And I think sometimes people hesitate to ask questions because they feel like it, you know, might undermine them somehow, or, you know, make it seem like they don’t know what they’re doing. But I think it’s the complete opposite. You got to you know, you got to ask questions and keep asking questions, because that’s how you learn.

 

MA

Well, interestingly, in some of the missing persons cases, it seems like at least on rare occasion, the individual is actually missing on purpose. And I think there is a term like runner or ghosting or something like that. When you have that type of situation, what are some of the telltale signs that someone who is labeled as a missing person actually intended to fall off the grid and disappear?

 

LW

Um,gosh, you know, I mean, I had a few cases where, you know, someone intentionally took off and actually committed suicide. But they just were, you know, kind of identified as a missing person for a long period of time until they were found. I can’t say that I’ve had any experience with somebody that just decided, like, I’m going to start a new life and go move to, you know, some other place and change my identity. So I haven’t dealt with that myself. But, I mean, it certainly happens.

 

MA

So it truly, truly is a rare phenomenon.

 

LW

I think so yeah. I mean, I did, I worked missing persons for quite a few years. And I mean, I can’t say that I ever came across that there were definitely people that got reported missing, who, I mean, they weren’t intending to, like, hide from people, but they just, you know, they lived a lifestyle that didn’t really like, they just, you know, sometimes people don’t keep in contact with their relatives or their or their, you know, their loved ones, because of their lifestyle, especially if they’re living a high-risk lifestyle. Or, you know, if they’re in a relationship that doesn’t allow for that. So, you know, there certainly are times when people get reported missing, that, you know, they just, they’re fine. You know, once once they’re, they’re located but they just intentionally weren’t keeping in contact.

 

DM

But you, but you think it’s a kind of a rare, like, if someone you know, ghosting themselves, you think it’s actually pretty rare.

 

LW

I have not seen that, personally.

 

DM

Well, so we’ll I guess we’ll start to wrap it up a little bit. It’s only fair that we ask you to tell us about your podcast, and to talk about the, your cold case podcast.

 

LW

Yeah, so we haven’t recorded a new episode in in quite a while. But I started the podcast with a friend of mine named Mike McCann, who is also working on a book about Ted Bundy. And so we decided to kind of focus on cold cases, both solved and unsolved. And to, you know, try to focus on, you know, interviewing some of the experts within the field. So, you know, we interviewed Colleen Fitzpatrick in one episode, and we interviewed our state forensic anthropologist, and, you know, we just thought the listeners, aside from just, you know, telling stories about cases would be interested to hear from, you know, some of the really phenomenal people that do the work, oftentimes behind the scenes on some of these cases.

 

DM

We enjoyed it. I enjoyed listening to it. Where can they? Where can our listeners find it?

 

 

LW

And so it’s the podcast is called ‘anatomy of a cold case’, and it’s on Apple, , Spotify, Anchor, and I don’t know, wherever you find your podcasts.

 

DM

That’s enough places I think.

 

MA

Well, Lindsey, we learned a lot today. Thank you so much for your time. We really appreciate it.

 

LW

Yes, well, thank you. appreciate you having me on.

 

MA

Yeah, you bet. And, you know, best of luck to you with the book and you know, whatever it is, whatever else it is you decide to conquer.

 

LW

Thank you.

 

MA

Well, Dion, I get the feeling that now that Ted Bundy’s DNA is in the database that eventually he’s going to be linked, you know, with DNA to many more cases. And obviously, the the evidence is quite old in those cases from the 70s. But people aren’t gonna lose interest in them. And if some of that evidence still exists, you know, now that the DNA testing methods are improving, there’s going to be a greater and greater chance that they can get usable DNA. And there’s just bound to be more hits. And, you know, I wanted to touch on something I want to get technical here just for a minute, but Lindsey was talking about how it was very hard to get a sample of Ted Bundy’s DNA, and eventually they found this vial of blood in the court clerk’s office. Well, guess what, if it’s at the court clerk’s office, it’s not refrigerated obviously. So as she said, you know, the DNA from the liquid blood was no good, it was all putrefied but there was dried blood still somewhere on that vial. And that gave a full profile. So you know, dried blood stains, even if they’re stored at room temperature, or even worse, they’re gonna give you DNA for years and years and years. This is precisely why this is the preferred method of storing DNA from blood, you put it onto a card, you make a dried stain and you freeze it. So Dion, did you get your Ted Bundy questions answered?

 

DM

Yes, no and maybe well, I tried it a couple of times to get her to bite on a couple of questions. But she being a smart detective….didn’t bite

 

MA

She’s still a detective after all…

DM

One quick comment is that I found her or her comment was interesting about the Ted Bundy shrine. But the the Florida the Florida was it Dade County?

 

MA

The Ted Bundy Museum?

 

DM

Yeah, the museum actually had like a sign or a shrine or a museum setup for him because there was so much material, which goes to actually my comment, one of the questions I couldn’t get her to bite on is, what’s his real number? I mean, I don’t think it’s 30, or whatever she mentioned. It was I think it’s a lot more I was having deja vu visions of H. H. Holmes, that I think that there’s no incentive for Ted Bundy to give any kind of a real number, but I would guess it’s at least well over 50 you can’t be doing what he was doing for that long across the United States in that time period without DNA, and these other forensic techniques, and have the number. You know, be in my opinion, unfortunately, that that low? I think it’s a lot more, I think, yeah.

 

MA

Yeah. And as a serial killer. You know, you’re constantly trying to deceive the cops. So when you get caught, you know, I don’t think that ends, you know, you’re still gonna toy with them. Oh, was it 30 people? Was it 100?

 

DM

Look, we’re still keeping the legacy living on? We’re still talking about him. Right.?

 

MA

You know what, dummies like us are still talking about it. Right?

 

DM

We are still making movies about Ted Bundy, perhaps he is getting the last laugh.

 

MA

You’re right. Right, exactly. But, you know, she was very dogged with DNA in all her cases, you know, historical ones, Ted Bundy, and current ones. And it was really great to see detective who’s so up to date on the latest DNA trends. And she gave the example when she you know, would when she cracks open a cold case, first thing to do is go talk to the people who worked at originally go talk to the medical examiner…

 

DM

I love that breakdown that was inside baseball for me. hey, how do you? What do you do to get started on this? you know, some of that stuff is logical, hey, do this. But I was really cool to hear it right from a veteran detective, you know

MA

What struck me is that it’s essentially the same operation, when you’re looking at a case post-conviction, because you’re looking at it with the eyes that they did not convict the right person. So it’s now a cold case again. So if you’re trying to exonerate somebody, it’s obviously best to solve the case at the same time. So all these steps she was talking about, sounded very familiar to me looking at cases from a post-conviction posture. So it’s kind of funny how the two worlds in that regard intersect.

 

DM

But it’s a goal in mind. You may be on different teams. It’s the same get the right guy or girl,

 

MA

It’s an unsolved case. Anyway you, look at it. what struck me is she was talking about she went and talked to the detective. In this one particular case. He said, Oh, yeah, we tried DNA. And you know, it was a dead end. And she asked, Well, how long ago, you know, five years? Well, Gosh, that’s ancient history now in, DNA technology. So there’s the Lindsey’s out there. But I think the detective that she described, you know, just saying, Hey, we did DNA, and that’s enough, that’s probably more reflective, where most law enforcement is actually

 

DM

I checked a DNA box there’s nothing to see here. Let’s move along on to something else, you know, something that maybe they unfortunately, you know, I don’t mean this as a dig that they understand. Right?

 

MA

Well, yeah, yeah, for sure. And, of course, when DNA was brand new, it was just over everybody’s had. And we can’t really say that DNA is a new technology, but the way that it’s used is constantly new, every two years or something, we have these dramatic breakthroughs. So I don’t know how many Lindsey’s there are out there.

 

DM

Well, let’s also break that down even further. So let’s say there. Let’s say there’s a new DNA technique doesn’t come up for a number of years, but let’s just stay with genetic genealogy. there’s going to be more people uploading it. So even for that alone, you need to keep going back and tasting it because you may get a familial hit, right? Or, because every year those that database is expanding.

 

MA

Well, it’s true and even and I’ll kind of run a parallel with attorneys. You know, a lot of attorneys they might have went 10, 15,20 years without ever seeing DNA in a case. Part of that is because when DNA was first used, it was clunky and expensive. It was only used in the most serious cases. Well, now I mean, if it’s a you know, somebody who’s jaywalking and dropped a piece of gum, they they might use DNA in it. More attorneys, more detectives are going to have to deal with this is going to be right in their face.

 

DM

Yeah, it’s I think it’s truly incredible how the technologies like genetic genealogy are closing these cases, one after another.

 

MA

So I mean, there’s no doubt that genetic genealogy is like you say, in the baseball parlance that that it’s the closer, but I think one thing we’ve got to remember is that, although you know, it looks like genetic genealogy quickly solves a case and maybe easily solves  case, you’ve got to kind of understand how that sausage is actually made. So getting the DNA sample, in a lot of cases might be the easy part. And then just uploading it into this open access genealogy, that database, that’s probably the the easy part, it’s what happens after that to actually get the lead, that can be extremely labor intensive. And that’s why you can’t throw this at every case, even if you have a DNA sample, because it’s gonna take months of hard work, and probably numerous individuals working together to refine this genealogy research. In other words, to look at documents track down leads, interview, people maybe perform additional DNA testing. So to get to that magic moment of cuffing the perp, and say, DNA did it that takes a lot of time and effort. And you know, like Lindsey said, most of the cold cases don’t even have DNA evidence. So we hear about the genetic genealogy, but it’s really just a drop in the bucket of the cold cases, they’re there, and it’s not available for most of them.

 

DM

Yeah, unfortunately, there is going to be a little bit of a, I guess, a time stamp cut off. So everything after this date, DNA will have an impact, because they just weren’t collecting it, or knew to collect it. Or this. And let’s say, you know, something falls out of the sky, and they’re able to, to link it to somebody that could be a potential suspect or witness in a case.

 

MA

I mean, if you don’t have it, you can’t test it.. That’s all there is to it. And a lot of times people are it was collected, maybe in the 80s, but it could have been destroyed, it could have been damaged. Believe it or not, these things get lost. You know, for example, like the, the Ted Bundy blood vial in the clerk’s office, seemed like Lindsey and other people had to go through a lot of work to even locate it. You know, where was that? Where’s the evidence tracking system in the 70s? And 80s? You know, it was it was probably written on a cocktail napkin.

 

DM

Yeah, that was a little bit of a jaw drop for me. It just should haven’t been that she had to go through that much work. And here it was sitting in a lab. There was a and there was a shrine, you know, it just,

 

MA

Yeah, that was one. And then then the, you know, the clerk’s office? Like I said before, it’s like, well, that’s, you know, I mean, you’re not looking to preserve evidence there. It’s just that it was probably a court exhibit, you have to hold on to that stuff. So it was just thrown in a box somewhere.

 

DM

Well, I guess that kind of a positive side to that, that that Lindsey raised, that it’s that time is on the cold case Detective’s side. that there’s, there’s no, you know, there’s not so much pressure, timing, pressure, and that they’ll get there when they get there. And then also, now departments have dedicated Cold Case units. This way, they’re not taking it away from resources from from current cases, which I thought was also smart, I think you’re going to see a lot more of, I guess, compartmentalizing, in, I think medium to large forces just for that, because I think as we keep moving forward with the DNA, they’re gonna be able to really go back and like, like we just talked about, and start applying some of this DNA that’s sitting on a shelf somewhere to these cold cases

 

MA

Well, when you think about the amount of material that has to be reviewed on a cold case, you really can’t be pulled in 25 different directions, doing other cases. So these dedicated cold case units are a great idea. Because you think about a brand new case, there’s only so much evidence, so many police reports only so much has been done. But if you’re looking at a cold case, there might be 40 years of people investigating this and researching it. And you have to plow through all of that. So you really have to be focused on it. And it seems to me that, you know, Lindsey is really, really cut out for this job. And I suppose to the outside world, it sounds like she just sort of sailed through her career was continually promoted and excelled. But I’m sure Dion it wasn’t that easy. And, you know, maybe we should have asked her more about some of the challenges that she faced, and hopefully we can talk to her again, down the road, you know, particularly when her book comes out. And, you know, even just the fact that in this, you know, in the business she’s in I mean, she’s, she’s a woman, and she’s biracial at that. So what challenges must that have brought onto her? And I bet we’ll hear about that in her book.

 

DM

Yeah, I hope so. I still go back to how rewarding it must be. When a detective finally solves a mystery that’s, that’s decades old, you know? Like, how cool is it that cases Lindsey worked on for years will likely end up being solved in the future and she’ll continue to celebrate them? I think that’s, I think that’s why you get into the business and why she works so hard to become a detective.

 

MA

Well, you know what else? The more complicated these cases are, the longer they’re going to live on. Because some of the cases that Lindsey thought were solved, are going to come back on appeal, convictions might be overturned. And so you never get away from these cases, particularly the complicated murder cases.

 

DM

I agree. But I also there’s another thing I took away from, I guess, from her, her spirit on this is that, obviously, she loves bringing closure to the family, you can tell by that part of the discussion. I don’t want to, you know, go too much in that because it just spoke for itself. But I’m sure that she also is always, you know, spending a lot of time focused on the cases that she couldn’t solve during her career, I bet you that probably really eats her up.

 

MA

Yeah, that’s, that’s definitely a tough side effect to this line of work. And I mean, just to kind of close out here, I think that this interview was a great lesson and how it’s not really the DNA technology that solves the case, it’s the detective who put the work in, to first of all, find the DNA, and then make sure that it can be compared to as many people as possible. If you’re suspect is, not in a database, somewhere there, there’s just not going to be a hit. So, you know, for example, I was really impressed with how Lindsey thought about these civil commitment centers, and had the idea that, hey, we don’t know that their DNA profiles are necessarily in a database. So she went and wasn’t easy, but ended up getting those guys tested. And lo and behold, she solved a case that way.

 

DM

Well, it’s that kind of out of the box thinkingI think it’s gonna keep the, you know, I hate to keep using sports analogies, but the ball, you know, moving down the field, you know, it’s like, Okay, well, we tried this. We’ve been doing it this way. How much success? What else can we try?

 

MA

Well said.

 

DM

So we look forward to talking with Lindsey again in the near future. And of course, reading a book, it seems like there’s so many questions we could have asked her but we only had a short amount of time. To learn more about Lindsey, check out our website at lindseywade.org . And also check her out on Twitter @elledubb7. And we want to say hey, thanks again for listening and for interacting with us on social media. keep those questions coming. We love it. We like to play you know, stump the DNA expert when we get every chance we get. We hope everyone is doing better now that the pandemic is subsiding a little bit, and make sure you check out all of our past episodes at crime redefined.com be well everyone.

 

B

Thank you for listening to the Crime Redefined podcast, like us on Facebook and follow us on Twitter @crimeredefined. Please send us your comments and questions and join us for the next episode.

Silent Witnesses-S1 30

Wensley Clarkson is a British best-selling crime author and journalist.  His upcoming book The Real Silent Witnesses:  Shocking Cases From The World Of Forensic Science, is a fascinating account of the rise of forensic science in the UK. Wensley joins Crime Redefined to discuss the intriguing cases and issues highlighted in his book. Hosted by Dion Mitchell and Mehul Anjaria. A Zero Cliff Media production.

Who’s Watching You?-S1 29

Don Johnson’s new book Who’s Watching You? is a harrowing look at the horrifying crime his wife Ellen survived. It also highlights Ellen’s important work in expanding the DNA database in Louisiana. Don joins Crime Redefined to dig deep into this powerful book that serves as a warning to all of us. Hosted by Dion Mitchell and Mehul Anjaria. A Zero Cliff Media production.

Loyola Project For the Innocent-S1 28

The Loyola Project For the Innocent (LPI) in Los Angeles, CA works to exonerate the wrongfully convicted.  Lead attorneys Paula Mitchell and Adam Grant join Crime Redefined to describe the unique experience that their clinic provides for students who are passionate about criminal law. Check out this video for more about LPI:  https://www.youtube.com/watch?v=1bc_TsZbo3w.   Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

 

 Loyola Project For the Innocent

Unofficial Transcript

 

B=Show Bumpers

DM=Dion Mitchell, Co-host

MA=Mehul Anjaria, Co-host

PM=Paula Mitchell, Guest

AG=Adam Grant, Guest

 

B

Welcome to the crime redefined podcast produced by zero cliff media coming to you from the US Bank tower high above downtown Los Angeles. In our podcast, we drill deep into forensics and criminal investigation from the viewpoint of the defense as well as explore the intersection of the media and the justice system.

 

DM

Hello, I’m Dion Mitchell here with my co-host and DNA expert Mehul Anjaria. On this episode of crime redefinde we’re taking you inside the Los Angeles based chapter of the innocence network. The Loyola project for the innocent is located inside the Loyola law school in Los Angeles. And today, we have the pleasure of speaking with legal director Paul Mitchell and program director, Adam Grant.

 

MA

What exactly is the innocence network?, I’m gonna go ahead and just read the description right off of the website. So it’s 68 organizations from around the world, working to exonerate unjustly convicted men and women, including independent nonprofits, as well as organizations affiliated with law schools, or other educational institutions, units of public defender offices, and pro bono sections of law firms.

 

DM

You know, one of the first things I learned about this, this organization Mehul is that they’re international. And I thought it was really amazing to find that they had innocence networks all around the world. And I’ll rattle off a couple of examples. Taiwan, Australia, New Zealand, Israel, and Italy. All have innocence projects. I thought that’s pretty cool.

 

 

MA

Yeah, it is. It really, really spread and caught fire. And, you know, of course, it all started on American soil back in 1992, in New York with the Innocence Project. And you probably first heard of its co founders, Barry Scheck, and Peter Neufeld when they were members of OJ Simpson’s Dream Team. During that thing, they called the trial of the century back in 1995. And so if you go back to the origin of the innocence network, in 1992, DNA testing was really in its infancy. And if you think in terms of public exposure of DNA, it was really the OJ trial that was the watershed event that put it on everybody’s radar. Well, of course, DNA is a powerful tool to establish innocence. But the innocence network also takes on non- DNA cases, which of course make up a vast majority of the cases where there’s a wrongful conviction,

 

DM

You know, is interesting at Loyola, the students are the driving force behind the success of this program. Here in Los Angeles, it seems that every few months, we’re hearing about another wrongfully convicted person being released, with the help of the Loyola project for the innocent or LPI,for short, I believe and correct me if I’m wrong, that in 2017, they had three in one month. Is that correct?

 

MBA

That’s right. There may have been more that year, but they were one after another. I mean, before I knew who Adam was, I would, you know, see in the news. I’m like, oh, there’s that guy with the bow tie again.

 

DM

You know, you know, once we hear from them, people will have a better appreciation for that number. Because of the amount of time and, and legwork that goes into, you know, one of these undoing one these wrongful convictions. So with that, let’s hear from Paula and Adam.

 

Hi, Paula and  Adam, thank you so much for joining us on crime redefined today. We’re really looking forward to learning more about you and your amazing team at LPI.

 

PM

Thank you for having us. It’s a pleasure to be here.

 

MA

Well, Paula, you’re the Legal Director of the project. What exactly is your role and your duties?

 

PM

Well, we have a clinic, a legal clinic at Loyola law school. So students can sign up, take the seminar class where we learn about the causes of wrongful conviction. And they also help us work on the cases that come to us. People write to us asking for help. And we we get those requests and review them and then investigate them and, you know, try to see if cases are are worth looking into and try to help where we can. I wear so many hats, frankly, it would take a while to go through them all. But basically, you know, what we have found is that these wrongful conviction cases are incredible teaching tools. And it’s like the perfect way to explain to you know, young, not even just young, anybody in law school, anybody who wants to learn about what, where the problems are in the criminal justice system. Can do that by looking at that actual case involving a real person. And so, you know, that’s, that’s, that’s the thrust.

 

MA

Well, Adam, same question for you as the program director. You know, what’s your role and what kind of duties do you have?

 

AG

When we started, I was one of the two people who started this clinic. Laurie Levenson and I started it when I had just graduated from law school. And we had been working on an innocence case together while I was in school, that became the first case in the clinic when we started the clinic. And so when we began the clinic, and when Paula came aboard, there were there was nobody else there. So we we did everything. Now that we have some staff attorneys, our roles are I mean, it’s a little hard to define what our role is. But you know, we all work on the cases, we all supervise students, we all take part of the teaching. Paula and I both do a lot of the sort of directorial tasks that have to do with dealing with the school and dealing with people who want things from us and people who contact us from outside. And some of the things I used to do sort of as case manager and things like that have been delegated to other people. And I try to work on as many cases as I can. And it essentially, my favorite part is investigation. So I try to do as much investigating as I possibly can also.

 

MA

So at present, how many staff members does LPI have?

 

AG

I think we have about seven people working altogether now.

 

DM

Paula you mentioned just a minute ago, you have that you kind of are a little bit of a gatekeeper and kind of vet the cases that come in, I’m curious, how many inquiries do you receive every year from inmates who claim to be innocent? And then from those how many cases do you actually take on?

 

PM

Great question, we get between 800 and 1000 letters a year from people who are incarcerated, some of them we know right away, we cannot help because they are not in custody in the state of California. So that is one of the main criteria, you have to be close enough that we can actually get to get to you and get to your witnesses and do the investigating, like Adam said, and then, you know, because there are the line is so long, we try very hard to take the cases and review them as they come in. So the older the case, the the closer it is to the top of the list. However, there are situations that come up where, for example, somebody comes in and says, oh, my son is in prison. And he just got this declaration from the main witness who testified against him at trial. And this witness is saying I lied, I made up the whole thing or somebody pressured me, it’s not true, he didn’t do it. And when that happens, we kind of have to move the case up, because it sort of starts the clock ticking in terms of how long we have to bring this claim that the person is innocent to the court’s attention. So you can’t take a fresh piece of new evidence like that, and just stick it in the file drawer, and let it sit there for five years while you keep working on your cases that that are, you know, ahead of it. So it’s, you know, we try very hard to be systematic, and take the cases as they come. But like I said, there are different ways to get to the front of the line,

 

DM

That’s a great way to frame it and actually answers the question. So now it sounds like probably a better way I should have asked that is how many cases are you juggling at one particular time? Because it sounds like you can like I said, you know, something comes in and starts the clock ticking on another case that maybe you weren’t working on at that time. So if you were to put a ballpark number on how many in a given month, do you think that you’re you and your team are juggling?

 

PM

Well, we currently have a oh my gosh, I’m gonna say like six or seven cases in litigation. Some of them have been filed recently, some of them have been filed several years ago, sometimes these cases can go on for years. So in terms of actually, you know, going to court and we’re in the thick of it, I’d say six or seven cases like that. And then we have another, I would say six or seven cases that we’re very close to being ready to file the petition on to get that case, they get those cases into court. But we have to, you know, we have limited resources. We’re a nonprofit. So we can’t, we can’t over commit ourselves. We have to make sure that once we are ready to file, we have all the resources we need to see that case through. And then I’d say we probably have another 30 cases that are under investigation in at some stage. Does that sound right to you?

 

AG

Yeah. You know, like any good lawyer, we can’t give you a straight answer

 

DM

I was gonna keep digging, but I thought I’d just I cut it off there.  But actually, that’s a great segue, since you started in 2011, about how many students have completed your clinic?

 

AG

I would say we’ve had between 150 and 200 students. And you know, there are also those are law students. And then we also have a robust summer program, where we work with a lot of law students from other schools, and also undergrads from around the country. And so that’s probably another, I don’t know, 60, or 80 students, as well.

 

DM

And those are just ones that come in like, like during the summertime, they’re not full time.

 

AG

Well, what’s great about the summer is that they are full time over the summer. So when, when we’re, you know, working with students during their school year, we have to compete, with four or five other very important draws on their time and attention. But as sort of the opposite of the way the rest of the world works, where everybody tries to take it easy over the summer, we usually go full throttle over the summer, because that’s our opportunity to get full time help for us. And so we have a little hive of energy and activity going on in the summer

 

MA

I was curious to know, how often do students maybe start the clinic and just drop out and decide it’s just not for them? And if that does happen, what are the typical reasons?

 

AG

Well, we often have, we will often have one student who decides that it’s not for them kind of roughly at orientation. You know, the thing about wrongful convictions is that I think most people are very aware of wrongful convictions and innocent people in prison now, but the way they come to it is that they see somebody collapsing into the arms of their family, getting out of prison, and it’s a very joyous occasion. And maybe everybody doesn’t think about the fact that this started with a murder or, or a sex crime or a kidnapping. And there’s, there’s a, there’s a straight up criminal victim, I mean, victim of a crime, and a horrible story that’s occurred and horrible facts attached to it. And then there’s a whole other set of victims who are the wrongfully convicted person and his or her family. And there’s so much suffering and so much just awful facts and awful things that you kind of have to live in as you do the case that I think sometimes people want to come on board because they see the joy and they see the back end or the front end or whatever it is, but they don’t see. They may not be prepared for what they’re really going to see when when you peel back the lid on these areas.

 

DM

Adam to kind of build on that. Do your students ever circle back in their career to help out LPI with cases or in fundraising or even promotion?

 

AG

Oh, yeah, we, we there are a lot of times when we ask when we ask our students to help us with promotion or something that we’re doing but there and there are a lot of times when students will email us from a job at a big law firm and say, I’m finally able to do some pro bono work, is there something I can do with you. And we also have, you know, a lot of former students who are working for public defenders or other justice oriented organizations who are sort of doing our work in in in another setting, there are a lot and there are also a lot of people who generally people do our work or our clinic in there 2L year. But there’s always a percentage of them who really don’t want to let their case go after a year and want to come back for their three year and even try to get some kind of a fellowship for after they graduate. So we you know, we don’t require that people want to go into criminal law when they join the clinic, but we find that we have we do have a lot of converts and a lot of people who went to law school to try to help people or specifically to work on innocence cases.

 

DM

You know, that’s a great point. It would be hard to give a year of your life working on this and then just to walk away because your time’s up I could see a lot of lot of the students wanting to come back continue to be involved, you know, as much as they possibly can just get across the finish line.

 

AG

Yes, because the case is taking much longer than then they’re gonna be in the clinic, but I also tell them you know, I apologize in advance for ruining you for every other legal job since this is the most moving most, you know, fulfilling thing you’re probably ever going to do.

 

MA

So for the students that are then turned on by criminal law and pursue it, what percentage of those students end up working for the good guys that is, as criminal defense attorneys?

 

AG

Oh, I mean, overall, I think there’s, it’s, it’s not a majority. But I would say there’s a good, maybe 30% of the students end up working in criminal defense in one way or another, beyond doing pro bono work and things like that.

 

PM

I would just add that, you know, even those who don’t go on to do criminal defense work, are often profoundly moved by the experience. And I just got an email yesterday, from Brittany Whitehead, who was a volunteer with us in 2015. And she was here as an undergrad from Colorado, she’s going to college in Colorado, and she came to volunteer with us. And she wrote me this really nice email, and she said, You know, I worked on Jane Dorotik’s case, which is one of our cases, and, and it’s still going on, but she has been released from prison, and her conviction has been overturned. And Brittany just said, I check, I have a, you know, reminder in my calendar to check every week to see, you know, if anything, if there’s any news on the case, and she was ecstatic to hear some of the things that she was working on five years ago, you know, still matter, and they helped, they helped us get Jane out. So our client, Jane Dorotik out. So, you know, I was really happy that she reached out in and said that, because you never know, you know, when somebody comes in volunteers and then moves on, you don’t always know what impact they experience had for them. And she just expressed it so well, I was happy.

 

 

MA

So Paula, to build on that, for the students that do go on to be prosecutors, what do you hope that they’ll will take with them after their experience in the clinic?

 

PM

I hope that they have a clear- eyed view of the fact that we all make mistakes, and a lot of mistakes are inadvertent, but they’re still mistakes. And it is incredibly important that we hold ourselves accountable. And for for reviewing possible mistakes, uncovering them, and then fixing them. And it’s not an indictment of one’s character to admit that you made a mistake. It’s a testament to your character, that you can acknowledge that and, and try to fix it and then and learn from it and move forward. And I also hope that they, they take into their position as a prosecutor, an understanding that there’s a lot of gray, in criminal law, things are not always as black and white, as they are sometimes presented to the jury. And what I mean by that, as an example is, you know, just because the law says you can throw the book at somebody and charge them with 14 different crimes and gun enhancements and gang and like, you know, you can just load it up, it doesn’t mean that you should, and, you know, prosecutors too, can look at the whole picture, you know, who is this kid? What, where’s he coming from? How did he end up in the situation? Is this that, you know, all of those questions that, that go both to public safety and to our humanity, and how we treat people in the criminal justice system and out, I think, I think that they need to, you know, take with them when they when they leave our project.

 

DM

Let’s stay with the students. And I’m gonna open this up to either one of you to answer, tell us about the selection process for students in what what goes into that? What’s some of the qualities that you’re looking for? And then how do you coach them up?

 

AG

You know, we are looking for people who can get things done, who sort of had a history of taking care of business, frankly, it not necessarily just in justice, but did things in high school where they had to sort of take charge and accomplish something and get something completed. You know, we’d love to see people who, who have a history of trying to help other people and trying to make justice happen wherever they wherever they can. But we also recognize that that not everybody has launched, you know, all kinds of justice projects by the time they’re in law school. But the idea that we’re looking for people who don’t wait for somebody else to tell them exactly how to do things for people who don’t wait for other people to do things for them. And I like to look at how they talk about the work that they assume they’re going to be doing. Because everybody has a decent idea of what we do as an Innocence Project, maybe not the nitty gritty, but what our cases are going to be about. I like to see how people talk about that work, and how or whether they talk about the effect it’s going to have on the clients or whether they talk about the effect that it’s going to have on them.

 

 

 

MA

Well I know that the clinic is very hands on for the students. So besides, you know, helping out with legal motions and proposed court orders and this kind of thing, what type of boots on the ground investigation and, you know, kind of real lawyering experience do the students actually get?

 

PM

Well, one area that comes up quite a bit, in our cases, is has to do with expert witnesses. Because a lot of these cases involve forensics, or as you know, DNA things, issues for which we really do need expertise. And I like to give the students opportunities to interact with the experts, a big part of lawyering, especially litigation, any kind of litigation, frankly, is the ability to become quickly become a little mini expert yourself, because you cannot interact with your own experts, you cannot appropriately address the issues in your own case, unless you understand them. And that means science or, you know, brain injury, or DNA or whatever. And so, I like giving the students chances to interact with the experts help them get the materials they need to review, explain to the students, you know, what’s going to be helpful to the court, we need to get these experts to tell the court the information that that the court needs to decide the issue. And it’s a really great exercise, and it’s a great way to teach them how to do that analysis. They also do a lot of witness interviews go out, we actually go out we knock on doors, and we Adam is is really good at this, you know, we they come to the door, and we ask if we can talk to them about something happened 35 years ago, and and the students are there, we prepare them ahead of time, they understand, you know, the reason we’re going to see a particular witness. And I think it’s really a beautiful thing to watch, because in the beginning, they’re usually pretty shy. For the most part, they don’t want to speak up too much. But by the end of even the first semester, you know, they’re they’re finding their, their comfort zone and and getting in there and, and adding value to those witness interviews, don’t you think? h,

 

AG

Yeah absolutely. And, you know, the witness interviews are one of the more fascinating aspects because there’s, there’s a whole lot of psychology and there’s a whole lot of just understanding people and how people operate and, and using that to try to get to the truth of the matter. And, you know, for for a lot of law students, there’s an opportunity opportunity to talk to someone in a part of the city or, or in a situation that they really don’t spend much time in and learn how to talk to different kinds of people and people in different situations. And understand that you know, people have different lives and and you have to go into interactions with people, just not assuming that you know, everything about them or not assuming that, you know, what, what, what you will find when you talk to them. So it’s great. It’s also great practice for any kind of legal area that they work in. But it’s such an exercise in understanding humans and trying to really have a an honest interaction with a person that you probably never meet otherwise.

 

DM

Yeah, I find this part of the work that you do extremely fascinating. I don’t think that a lot of people that are that may have heard the Innocence Project, understand that these students are going out into the field now and I find this a really interesting part of of your work. And I was curious, since you probably have, you know, you said students coming from across the country to come out and work and I’m sure that there’s things where they’re maybe going into South Central is there have  there been situations where students felt unsafe or at least extremely scared while conducting an investigation or doing these interviews?

 

AG

Well first of all, we take a lot of precautions to make sure that everybody is safe. We nobody ever goes anywhere alone. They don’t go out without somebody on the staff and we have a lot of experience as to you know how to keep ourselves safe. I think when people have become frightened, it’s not even about really dealing with people, it’s more like making sure they’re, you know, whether there’s a dog in the yard or when you see a dog in the yard, whether you can go in that yard or not, or figure out a creative way to keep yourself safe and stay away from that dog. Or some some circumstances where you go into a building, looking for a witness. And it’s, you know, it’s a very intricate series of hallways, and it’s dark. And you wonder if you’re really safe in there, we take a lot of precautions, and we have a lot of faith that we have, you know, we have truth and justice on our side. And we don’t think anything’s going to happen to us, if we’re smart about it.

 

PM

Also, I, you know, one of the things that we do in every case is, I would say maybe there, maybe there is an exception or two is we go, we go physically to where the crime occurred if we can, and, you know, training people who are potentially considering being a prosecutor or a criminal defense attorney, to actually go and lay eyes on a on a scene is really important. And I don’t know that a lot of that happens a lot in, in during the trial, pre trial and trial phases of a lot of cases. And, you know, for example, if you have a witness who says, Oh, I saw the person, I saw the defendant, go across the street and do X, Y, and Z. And it was, you know, midnight, and it was on such and such a corner, and we go there at night at that same time. Sometimes we even go on the very day, or we look at the moon conditions, we look at the lighting we go and we we see, could they even really see this. And I think the students are often surprised when they see the results, like just physically going in and putting yourself there can be incredibly informative.

 

MA

Well, Adam, you hit on this already. But obviously this type of work is grueling, it can be extremely frustrating, and at times actually disturbing for the reasons that you pointed out Adam, and also just the sort of pictures and things that you see in discovery. So I’m curious for what I’ll call a kid, since I’m old now, you know, a student who may be in their 20s, who doesn’t have a lot of worldliness and they’re thrown into this work, what kind of resources are you able to provide them to help them cope with with the stress?

 

AG

Well, we do have the ability to obtain the services of specialist for secondary trauma, if people feel like they’ve been really traumatized, by things that they’ve seen, or things that they’ve heard. Um, and we spend a lot of time talking about, you know, after we go somewhere, after we see something we spend a lot of time talking about what we’ve seen and what its effect is on on us. And I have to say the students have, you know, when this works, the students really give over emotionally to their case. I don’t see a lot of students who are, who are seemed traumatized or who are seem to be thinking about themselves very much they, I think they most have almost all of them that I can think of have really taken it in stride. And again, I think the ones who who are easily traumatized by some of this work kind of weed themselves out early, but we do make sure that there are counselors available if somebody needs one. And we talk a lot about how we feel about things. And what we’ve seen. It is a constant worry, though, because they are young people. And some of them have never had a job before even. And they’re looking at, you know, we see autopsy photos and, and pieces of evidence with blood on them and all kinds of grim things. And by the way, you know, we also go to prisons all the time and talk to people. You know, we talked to some witnesses who unfortunately really have no future at all to look forward to and we all have to figure out how to talk to a person who essentially has nothing to look forward to. How do you really communicate with them and and make them feel heard, without reminding them of all the things that they’re missing? And that’s somewhat I don’t know if traumatic is the right word, but it’s pretty serious stuff.

 

DM

That could really, you know, weigh on you when you’re trying to make a connection with somebody I could completely identify with that. You mentioned this early on in our conversation Paula about some of time people make mistakes. And I was wondering some of the more what’s the most egregious instance of injustice that you’ve seen in one of your cases?

 

PM

I would say it’s probably in Andrew Wilson’s case, Mr. Wilson had his conviction was overturned in 2017, after he was in prison for 32 years. And, you know, to the, to the DA his credit that the deputy DA on the case at the time, discovered that the trial prosecutor knew some information before Mr. Wilson’s trial even occurred, and the information that she knew strongly pointed to another suspect. And that was not disclosed to the defense. It wasn’t raised at trial, she went forward with the trial and, and he was convicted and sentenced to life without the possibility of parole. And the, you know, the trial prosecutor, it may be that she really didn’t know the value of the information she had. You know, generally I don’t think prosecutors set out to convict innocent people. But it was a huge injustice. And it was clear, you know, when we saw it, how incredibly exculpatory, the evidence was, and that it clearly should have been given over to the defense. And they they acknowledged that and they conceded that his conviction should be overturned. I don’t know, Adam, am I forgetting anything?

 

AG

Well, also, I would add to that, that prosecutor didn’t. Not only did that prosecutor not turn over the information, but there was no effort made to investigate it, either. To make sure, you know, that it wasn’t important, or was important.

 

PM

You know, what’s, what’s interesting, too, is Adam and I contacted her all these, you know, decades later, she’s like, yeah, sure, come on over, I’ll talk to you. And we told her what case it was. And she said, Oh, this case has always troubled me. And she listened to, you know, all the problems and the case, and she signed a declaration that said, You know, I think there might be some problems in this case, and she didn’t remember, you know, the, the material that I was just describing, she didn’t remember that happening. But there was something about the case that always bothered her. And she came forward and said, So, which was really helpful. And it was also the right thing to do.

 

 

DM

How do you stay calm?

 

How do you hear see it the first time and then go back and talk to her again? How do you how do you stay calm? I feel like I would I don’t know.

 

AG

It’s a particular lawyer skill that you have to have at the moment when something you’re hearing somebody who’s sitting two feet away from you is telling you something that’s like an earthquake. And you have to figure out how to keep your poker face on and not let them know how important it is what they’re saying. So they keep talking. It’s a particular legal skill. I don’t know what what to call it.

 

DM

Clearly, I would not be good at it.

 

PM

If you ask a lot of people on my staff, they would tell you, I do not stay calm

 

DM

Thanks for making me feel better Paula.

 

MA

So Paula and Adam,big picture, in all the cases that you’ve handled in the project, if you had to rank the top three causes for wrongful convictions, what would you say they would be?

 

AG

Well, in our office, I, the number one cause seems to be prosecutorial and and related police misconduct, I would say, Would you, Paula?

 

PM

I would say that’s present in almost every case, I would say eyewitness ID is probably second.

 

AG

Mm hmm. And of course, those aren’t mutually exclusive. Right. And there are, you know, increasingly, we’re seeing cases where, where it’s about bad science

 

PM

And bad defense, lawyering You know, it’s, it’s the same on both sides. There are prosecutors, some are trained better than others. Some are, are just better than others. And the same is true on the defense side. And, you know, everybody has their resource limitations, and they have their own issues. But we have seen some really horrendous cases, including an attorney who had just graduated from law school two years and 10 months before taking on a potential death penalty case. and had never been really had much felony experience. And Yep, that was back in 1980. I think things are maybe better now.

DM

So. Let’s move on to something more positive. Tell us if you want to name names. Tell us a couple of if you don’t mind sharing a couple of stories on some past students who went on to do some really great things in their career.

 

PM

Well, one of our first fellows, her name is Jackie Rambis. And she was in the clinic she worked on which case Adam was it Kash?

 

AG

I think she came along just after Kash’s case. Well, to be honest, she worked very hard on a couple of cases that we ended up closing that i don’t i don’t know that we need to say the names of she spent an awful lot of time working on a couple of cases that that didn’t pan out, for for the person who was convicted.

 

PM

She worked on Maria Mendez, and now she works at the LA County Public Defender’s Office. And we have another staff attorney named Seth Hancock. And he also now works at the LA County Public Defender’s Office, we have a former student, Charlie Nelson Keever, who is now pursuing postconviction opportunities. And I’m trying to think of, we have a couple of students who have now become fellows within our clinic. So there, they claim they’re never leaving. We’re trying to make that happen.

 

AG

And there’s Lauren,Lauren Noriega, who has her own firm does a lot of postconviction work. Also,

 

PM

Ariana Price has moved to Tucson, she left us and moved to Tucson, got married and had a baby, and she’s also doing postconviction work.

 

MA

Well, that’s great. And along those lines, I’m kind of curious to know, what kind of bond do you and the students end up forming with your exonerees and their families as a result of sharing is such a profound experience?

 

PM

It’s pretty, it’s a pretty profound bond, you’re right. It we are, in many instances, a member of the family and they they we have, you know, friends, slash former clients, who just straight up call us brother and sister. And you know, when you think about it, they they see us as instrumental in in really helping to save their lives in some respects. And, you know, when you were asking earlier about the students, and you know, how we, how we go about protecting them from things that might be traumatic, you know, we we give them a heads up and like, these are autopsy photos, don’t look, if you don’t want to look, we, you know, we’ve tried to prepare them as much as possible. But one of the things we tell them is, look, the people who are writing to us, they don’t have anywhere else to go. They don’t have it’s not like, should we choose? Should we choose Loyola Or should we just go hire a lawyer, they don’t have money. And so, you know, I encourage the students, if they ever feel like, you know, I just don’t know if I want to do this, I don’t know if this is going to be too hard. I want them to really dig deep and think, you know, if I don’t help this person, or if we don’t help these people, there isn’t anybody else. So, you know, with respect to our former exonerees I mean, our former our clients who have been exonerated you know, it’s always a joyful thing to stay in touch to hear how they’re doing. And it is forever they they will forever be part of our extended family.

 

AG

The other thing about our clients is that you know, what, when you’re in prison when you’re imprisoned in, in America, in state prison or in county jail. You know, there’s this process of dehumanization that goes on and, and when you’ve been in prison for 30 years or 20 years, you know, you’ve been dehumanized, sometimes on purpose. Sometimes inadvertently, in certain situations. You’ve you’ve had most of your or somebody has tried to take most of your humanity. And one of the one of the ways that manifests itself is that nobody listens to you. And you know, if you imagine yourself having been a victim of this terrible injustice, and and put in a cage for all this time, and then every time you try to tell somebody about it, they just kind of shake their head like yeah, yeah, yeah, I heard somebody else say that once, you know, who’s, I mean, it’s so profound and and one of the things that we try to do for everybody who asks for our help, even the people that we can help is just to try to give them an experience of being treated like a person again, and being listened to again. Then being taken seriously again, and treated like somebody who might be telling the truth, or has something to say. And so if you start from there, and you build a relationship where you where you then go on to help them in this profound way, I mean, you know, the attachment, the fulfillment that it gives us, and the, the effect that it has on them, it just can’t help but create this incredibly intense relationship and friendship and kinship. And when you combine that with the fact that, you know, to get to this stage, our clients are some of the most strong willed, resilient, remarkable people that that we’ve ever met. It really creates this bond that I mean, it’s one of the privileges of this work, I’ve, you know, you’ve never had a relationship like it, probably. And if the students get a little taste of it, it’s another one of the really intoxicating things that we hope will help them remember the power and the privilege that they have to help other people. It’s really an incredible relationship,

 

DM

I could understand now that connection could last forever, you know, that your just, you’re giving them a piece of themselves back.

 

AG

Or their mom and their sister. They may have never seen outside of prison before. You know, it’s it’s unbelievable. It, it couldn’t be more intense.

 

DM

I want to talk about how DNA is, is how it’s a powerful tool to potentially win someone’s freedom. Tell us a little bit about the post -conviction DNA testing grant that you received, and was actually just renewed.

 

PM

The grant is for public institutions only. And Loyola is a private, a private law school. So we decided what we needed to do is get creative and figure out some way to propose a project that would have us collaborating with a public institution. And so Cal State LA, which is where the crime lab that services, LAPD  and LA sheriff’s department, and they have a criminalistics program and a graduate program, the the director of that program, Dr. Kathy Roberts, and I got together and thank you to Mehul, who introduced us, you know, she could help train her students who want to go into criminalistics and be criminalists, one day, the same way we’re training our law students, which is, you know, by looking at some of these cases where we think there might be problems. And so we got the grant. And we coordinate our case work, where we think that there might be evidence that can be DNA tested, and we are doing it in connection with her program. So it’s been, it’s been incredibly successful, I think, which may be partly why we got renewed. And we’ve got a couple of cases where DNA is being analyzed right now, right this very minute. And we have a DNA expert retained who advises us and gives us his opinion. You might have heard of him, his name is Mehul Anjaria. And he’s wonderful. And, you know, he’s, he teaches our students, he comes into our class, and he’s like, we’re gonna learn about DNA. And it’s incredibly helpful. Because, you know, one of the things that people always joke about lawyers is, you know, they’re terrible at math, and they’re terrible at science. But you know, doing this kind of work, you can’t, you can’t afford to be bad at science you have to learn. And so, through the DNA grant, we have funding to actually physically pay an independent lab to go analyze the evidence and look for DNA. And we have funding to to do some investigation and to do some travel and things like that. So those those funds are dedicated to cases where we suspect DNA might be present that could help you know, exonerate one of our clients.

 

DM

So speaking of DNA, obviously, the origin of the whole Innocence Project was Barry Scheck and  Peter Neufeld in New York. I’m curious, how much interaction do you have with that mothership Innocence Project in New York?

 

PM

We actually have a really a really organized network there are between 60 and 70. I think now, innocence projects across the country, actually internationally. There are a couple outside of the United States now too. And we all get together once a year at an annual meeting in different cities across the country. Barry and Peter are very much stewards of this work still and you know, what we have learned by studying these wrongful conviction cases, is incredible. And it is guiding all sorts of reforms that need to take place across the country. Because you know what we all know, no one better than Peter, Peter and Barry is, you know, getting people out one at a time is it takes forever, it’s a tremendous amount of work. And it’s really not going to move the needle in terms of making things better going forward. What we need to do, in addition to working on those cases is we need to look at the systemic problems that are revealed in these cases. And we need to talk about legislative reforms, changing the way we police changing the way we punish and think about public safety through a different lens, all the stuff that you’ve been hearing about in terms of the idea of criminal justice reform, and and the information that we’ve gotten by studying these cases. It did all start with Barry and Peter, and the DNA cases that they did, because what DNA did is it showed conclusively you got the wrong person. And then what we did after that is we’ve studied it and like, why did we get the wrong person? And that’s where we came up with all the what we now call the common causes of wrongful conviction, a coerced false confession, erroneous eyewitness ID, police or official misconduct, all of those things. Now we know how we can go and and try to address it and fix it. So to answer your question, they’re very much still involved. And we do have contact with the mothership in New York as well as our our friends and colleagues across the country at other projects, you know, constantly a new issue comes up that nobody’s ever heard of. And so we all say, Hey, does anybody have seen this before. And we try to support each other that way

 

AG

People think of lawyers as very competitive. But you know, everybody in the network really wants to see everybody else exonerate as many people as they can. And everybody’s very generous with their time and their brainstorming and their advice and their ideas. Whether it’s New York, or some of the other projects around the country, we’ve had a lot of great success, just just helping each other and, and, you know, helping each other to succeed. Because we’re all really, you know, we’re doing the same thing. It’s very specialized. There are very few people around the country who have the same conversations we have. But we are all very, very collaborative.

 

DM

I want to talk about another important element of your wrongfully convicted, and that’s the media coverage. You know, obviously, we know how important these days social media is about framing and framing these cases. How can you potentially use it to your advantage of getting out in front, on on framing, the messaging and these cases?

 

AG

Well, it’s so interesting to me that there are so many now days when you’ll see the news, or see some feed that you have, and and there’ll be a story about somebody walking out of prison, who was wrongfully convicted and who was innocent. It’s, um, it’s, it’s no mystery anymore, that these things happen. And they happen more and more, which means that these wrongful convictions are still happening. So you know, as a threshold, it helps just for the entire nation to now be educated on what what really happens. And in wrongful convictions and the fact that there are wrongful convictions. I do think now we need to try to figure out a way for people to really pay attention to the frank facts of how it happens, why it happens, and why it may not be happening any less than it ever was, and how will we need to actually take measures to change things so that, you know, it’s not just something awful that used to happen. It’s it’s happening today, people innocent people are being convicted today. And it’s helpful that we’re talking about justice reform in the media. But I think we really need to start concentrating not only on the success stories, but on, unfortunately, you know, the real nuts and bolts of why this is happening and how we how we can stop it.

 

PM

Also, I mean, just to address your question, that maybe from a different angle, because people are becoming more engaged, whether it’s because they’re watching things in the media or because they are watching social media. And we have seen sort of an uptick in projects and supporters taking a case right to the streets, right. So they they’ll put it up on on social media, you know, we want you to help Mr. so and so he’s wrongfully convicted, or let’s write to the governor and trying to mobilize support like that, to bring this case to the, you know, to get more attention. And it’s it’s a good strategy. It’s something we talked about internally a lot. It’s always difficult and things are in a litigation posture, because, you know, you have to be careful about everything, you don’t want to do anything that might compromise your case so, you know, that’s a needle we’re trying to thread and think about, and be creative with. Because people are, they seem to be kind of hungry for it. They want to be engaged. We’ve gotten so many requests in the last year, let us help, how can we help I want to volunteer Can I donate? And I think a lot of it’s because of what’s going on politically and culturally across the country, and in Los Angeles. And we want to be able to respond to that we want to give people opportunities to engage and to help and to feel like they are part of the solution. So if you guys have any ideas,

 

DM

That’s what we’re here for. We’ve actually had a good number of people reach out to us and want to bring exposure to their their particular case or someone else’s case. So yeah, and we have a couple of ideas that we can talk about.

 

 

 

MA

Well, Paula, besides grant funding, what are the other sources of your funding for the program? And how can people help you out?

 

PM

We rely almost entirely on grants and donations. And we have, we have been when developing some really good community relations, working on community outreach, and, and taking our case out there to people who are looking for ways to help, you know, donations are huge. We have events, both both events that we charge for, and raise money with, and events that we don’t. But really, what we need is money. We need more attorneys. As you heard me describe earlier, the the caseload that we have the number of people who are waiting, we need help with social media, we need help with our website, we need help, you know, getting the word out to people that we are here, and we can help if we you know, if we have the resources.

 

AG

I mean, it’s, it sounds awful to say, but you know, just raising money to pay attorneys is is is a huge part of the ballgame. Having people who, as you just asked about the media, you know, having people who can help us raise our profile, will, will would be helpful, because it would again, point us toward funders and people who, who want to give us that kind of help. Um, you know, it’s, it’s a, it’s hard for people, people always want to help us, but these cases, help us in kind or, you know, to actually do tasks or come into the office and, and do help. But, um, it’s, it’s a very hard place, I think, to, to help in short bursts. You know, the kind of help that we need from people often involves a real time commitment. Because these cases take so long and these, these matters are so complicated. So you know, we love having people volunteer with us on and we try to be creative about different ways they can help. We have a high school student, for instance, who started a an Innocence Project club at her high school, and just sort of raised awareness at her high school among the other students who didn’t know all the things that she knew about wrongful convictions. There’s all kinds of creative ways to do it. People can who are involved. We’ve spoken, for instance, at meetings of organizations that are sort of continuing organizations, education organizations, for older people, and retirees who just want to learn more things. We’ve spoken to that to those groups, and they can branch out and help us in various ways if they’re engaged. So there are a million ways to do it.

 

DM

What do you see in the future for for the LPI?

 

PM

Well, in the near future, we are planning to announce that we are changing our name to the Los Angeles Innocence Project, so that it will help people find us. You know, there are a number of other institutions of higher learning in the country called Loyola. So we’ve had people comment that you know, it’s a little bit difficult. Are you in New Orleans? Are you in Chicago? Where are you? So we’re going to be Los Angeles Innocence Project. So hopefully that will help.

DM

Some simple branding, I think will probably clear some things up.

 

PM

Yeah. And so that’s on the horizon, we have some cases that we are, you know, up to our, our eyeballs and litigating. So hopefully we’re going to be getting a few more clients exonerated. And, you know, that’s about it. I mean, we were holding it together during COVID. It’s the as you can tell from these this conversation, the nature of this work is extremely collaborative. And it’s been really hard. I mean, I know, it’s hard for everybody to be a part in isolated, but the way we work and the way we have to investigate our cases and get out and knock on doors, you know, it’s been a little, it’s been challenging this year, but we have really weathered it. And, you know, we’ve still, we’ve had four people released from custody this year.

 

AG

Just to return to your previous question about how people can help, too. One thing I we haven’t talked about in this conversation is the aftercare that goes on when our clients are exonerated and released from prison. And in a lot of cases, you know, they walk out of prison with absolutely nothing, no belongings, sometimes no family, no housing, no jobs, very little job training, no money, obviously. I mean, literally, sometimes no belongings at all. And they’re automatically, they’re not entitled to anything automatically when they get out of prison. As opposed to even parolees who have, you know, there are programs of support for parolees, but not for exonerees, necessarily. And so there’s a tremendous amount of aftercare that goes on with our, our clients, when they come out of prison, you never know exactly what they will need, but we have to sort of stand at the ready to make sure that we can help to provide it. And so there are lots of opportunities for people from outside who wants to do something good for our clients, to help with the aftercare and the support and the sort of helping them to put their lives back together and launch the next part of their their lives, the happy part of their lives. You know, not just money, and not just things but all kinds of different support. There, you just never know exactly what they’re going to need. But almost all of them need quite a bit just to get themselves started. And so that’s a great way for help people to help us and our clients.

 

MA

Well, Adam, my final question is specifically for you. Let’s talk about this signature bow tie. What’s the story behind that? And how long have you been rocking it?

 

AG

Well,I, you know, I don’t even know how to answer that question. I just Well, there’s one really profound thing about bow ties. And that’s, it’s so much, it’s so much easier to get through lunch without getting your lunch on your bow tie.  It saves you money in the long run and makes you a little less dopey.  The rest of it is rather confidential.

 

 

MA

Okay, Fair enough. Well, Paula and Adam, I happen to know that you’ve a big hearing to get ready for tomorrow. So we don’t want to hold you any longer. But I thought this was a great discussion. Thank you so much for your time. And we hope that you’ll come back on crime redefined. And maybe we can get into some specific cases and issues as appropriate.

 

AG

Yes, We’d love to come back anytime

 

PM

That would be fantastic.

 

DM

Really appreciate it. Good luck tomorrow.

 

PM

Thank you. Thank you for what you’re doing. I really love the podcast, and you guys are great.

 

MA

Oh, thank you. Thank you so much, Paula. Take care.

 

DM

It was really a fascinating discussion Mehul. I can see that from the outside looking in that it really takes an army of resources to undo wrongful convictions.

 

MA

Yeah, absolutely. And it’s just so good that LPI has some resources, you know, they have all of the students to do a lot of legwork, that in the original investigation probably never was done.

 

DM

That’s right. And not only are they battling the legal and the scientific issues, but also issues of human nature. And I think this is a big part of where these wrongful convictions come from. And that’s ego and not wanting to admit any wrongdoing.

 

MA

Yeah, those issues are harder to deal with than the evidence in the case itself.

 

 

 

 

 

 

DM

I don’t know, that’s just human nature. You know, like I said, I don’t know if that’s something that will ever change. You know, hopefully we can get to a spot where people can just say, hey, look, you know, this is wrong, you know, take it on the chin and then and then move on.

 

MA

I would say that, you know, in my consulting work, if I have criticism of the prosecution crime lab, I hope that they take it as constructive criticism.

 

DM

versus an attack?

 

MA

Yeah, they may take..

 

DM

there’s a difference, obviously, right?

 

MA

Well, yeah. And they may take it as an attack initially. And that’s fine. But I hope maybe they’ll go back to the lab and say, Oh, you know what, yeah, we need to look at how I do that in the future.

 

DM

That kind of goes to my next point is that I was really impressed with both of them with both Paula and Adam, with their attitude. And the acknowledgement that people sometimes make mistakes. And that it, that it’s about fixing the injustice rather than pointing fingers.

 

MA

Yeah. And I mean, listen, there’s politics here, too, you know, it takes a lot of people to get somebody out of out of prison, it takes a judge, it takes a DA to cooperate on some level. So there has to be some diplomacy.

 

DM

That’s right. And I think at the bottom of everything, there’s always going to be, you know

either politics or money or both.

 

MA

Yeah, and I think you have to handle it with care. Because ultimately, you do need the cooperation of the district attorney in some regard to, you know, get these cases resolved and get these people free. And I’ve noticed that very often, their clients have already done a lot of legwork on their own cases. And that gives LPI a really good head start. And I’ve had that same experience with some of the pro pers that I work with who are really mindful. I mean, after all, it’s you know, they’re the ones whose life is basically at stake here. And the more responsible pro pers I work with, they want to be the expert in their case, they want to know everything about it. And, you know, unfortunately, these wrongful conviction cases, at some point in the process, it basically it falls on the shoulders of the wrongfully convicted individual to seek out, you know, the last resort for their freedom, such as LPI. But you wonder how many of these men and women slipped through the cracks? You know, after being so demoralized by their case, and the insurmountable issues with the legal system?

 

DM

We definitely heard that a lot from from Adam. And then, you know, Paula had mentioned some of the numbers of the volume of cases that they’re going through. So you’re right, it’s really on the the wrongfully convicted to to push this and make sure they get it in front of somebody.

 

MA

Yeah. And not to give up if LPI doesn’t get right back to them, because of course, they’re backlogged as well.

 

DM

That That’s right. You know, and something else that I, you know, kind of took away from this is that this work isn’t for everyone. But it seems like the law school clinic provides students with an on an awesome launchpad to begin a, a really rewarding and intense career in criminal law. And it’ll be interesting to see what they do next.

 

MA

Yeah, absolutely. I don’t know how you can’t be inspired after going through their clinic. And, you know, having had the the pleasure of working with LPI, on some cases, you know, as the role in the role of a DNA consultant, I’m always really struck with how relentless both the attorneys and the students are, and the drive that they have. And you know, they essentially have to redo the entire investigation of the case, either because the prosecutor didn’t really do their job initially. Or maybe even scarier, is that a defense attorney who may have been paid a lot of money during the trial, didn’t do their job as well. And by the way, this is several years later, which makes it much harder, because now it’s cold, as you mentioned. people’s memories aren’t as good people may have died, records may have been lost, evidence may be gone. I mean, it’s really, really a Herculean task. But you know, what I’ve seen from LPI is that they don’t leave any stone unturned as they battle for justice. And I gotta tell you, Dion that, you know, they’ve rubbed off on me that being you know, around their talented attorneys and motivated students is, is really helped me to up my game.

 

DM

Yeah, I don’t, I don’t see how that can’t be really infectious and push you to, you know, to do it, do whatever you can and work harder at, you know, like you said, you know, work harder at your game, right?

 

 

MA

Yeah. And then you got you really have to personalize it and think of that poor person who is innocent, who has been in jail for 10, 20, 30, 40 years. And just know that you know, LPI may be their very last hope.

 

DM

This has really been an interesting look at the issue of wrongful convictions from all sides on crime redefined. We talked about the common causes and spoke with a exoneree Fernando Bermudez and now we went behind the scenes, you know, of a program that makes exonerations happen.

 

MA

Well, listeners, we will post a link to a video that will show you and tell you more about LPI. And we’ll put that right in the episode description. And I also wanted to point out the very good work that LPI does in advocating for reform of the criminal justice. system. So Also be sure to check out their Instagram account @projectfortheinnocent, where you can learn more about their victories and their fundraising events. If you want to get involved and help out.

 

DM

You know, we really want to, you know, let people know we appreciate our listeners and say thank you to all the wonderful guests we have the honor of talking to on crime redefined. A huge thanks to all of you out there that are also downloading our episodes and following us on social media. Don’t hesitate, we mean that to weigh in and tell us what you think about crime redefined.

 

MA

Yeah, the good and the bad. Should I’ve said that?

 

DM

Yeah, be careful what you ask. And  Halloween is around the corner, so be sure to please visit crimeredefined.com where you can access all of our episodes and do some binge listening to this crazy year of 2020.

 

B

Thank you for listening to the crime redefined podcast, like us on Facebook and follow us on Twitter at crime redefined. Please send us your comments and questions and join us for the next episode.

 

The Lost Family-S1 23

Libby Copeland is an award-winning journalist and author of The Lost Family:  How DNA Testing Is Upending Who We Are.  After penning an article in the Washington Post about a “just-for-fun DNA test” gone wrong, Libby immersed herself in the fascinating world of consumer ancestry DNA testing. She joins Crime Redefined to discuss her book, the application of genetic genealogy to criminal investigations, and privacy issues surrounding DNA testing.  Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

 

The Lost Family

Unofficial Transcript

B=Show Bumpers

DM=Dion Mitchell, Co-host

MA=Mehul Anjaria, Co-host

LC=Libby Copeland, Guest

B

Welcome to the Crime Redefined podcast produced by Zero Cliff Media coming to you from the US Bank tower high above downtown Los Angeles. In our podcast, we drill deep into forensics and criminal investigation from the viewpoint of the defense as well as explore the intersection of the media and the justice system.

DM

I’m Dion Mitchell here with my cohost Mehul Anjaria. We hope all of our listeners are faring as well as can be expected during this historic pandemic and that our podcast is providing you with some escape. On this episode of crime redefined, we have the privilege of speaking with Libby Copeland, author of the new book The Lost Family: How DNA is Upending Who We Are.

MA

Libby is a former staff reporter and editor for The Washington Post. She now writes for a variety of publications including the New York Times, The Wall Street Journal, The Atlantic, and Smithsonian magazine. Libby has appeared on CNN, MSNBC and NPR. In 2008, she presented a talk entitled A Secret In the Blood at the Jewish Genealogical Society of greater Boston’s conference.

DM

Libby’s book is an unflinching look at the sometimes-unintended consequences of submitting your DNA to consumer ancestry sites. It features some heart-wrenching stories as well as an excellent discussion of the legal, ethical and moral issues surrounding this new DNA age we find ourselves in.

MA

Dion, I think that this book should be required reading for anyone who is involved in investigative genetic genealogy in criminal matters. And I say that because it does a great job detailing the history of consumer DNA testing, as well as genetic genealogy. And in the book, you see the slow evolution towards its use in criminal investigations, and on top of that, it’s a wonderful primer of all of the issues, ethical, privacy, what have you that using genetic genealogy raises. As they say, there’s nothing new under the sun. And forensics is just now adapting this technique that has been used for other purposes for a very, very long time.

DM

You know, Mehul, I’m going to go a little bit further with you. I think anyone remotely thinking about, and I’m going to use Libby’s terminology ‘spitting in the tube’ should read this book, because it’s literally it’s an overused phrase- will make your head explode by what’s in there. So with all of that, and I think we’ve got everybody set up. Let’s get on with our discussion with with Libby.

MBA

Welcome to Crime Redefined, Libby.

LC

Oh, thank you so much for having me. I’m thrilled to be here.

MBA

Well, we’re so honored to have you on today to discuss your, what I think is, a very well researched and thought-provoking book.

LC

Thank you so much. Yeah, I really enjoyed writing it. It was just an incredible experience. And I learned so much from writing it.

MBA

Well, to get our listeners into the world that you paint in this book, I want to have you first define some terms for us. So, the first one is what is a seeker?

LC

Yeah, so a seeker is a term that I used to describe the categories of people that I was writing about. So it’s not an official term. You won’t see it in any genetic genealogy handbooks. But it was the term that I came up with to describe the kind of obsessive and you know, wonderfully rich, searching for self and for family that happens to a lot of people, either because they do DNA testing, and they realize there’s a question kind of in the results like a question they never could have foreseen that they now need answered or because they go into DNA testing with a question for instance an adoptee looking for birth family. And so it kind of could work both ways. And very often, there’s a kind of process of tumbling down a rabbit hole where you’re, you’re finding out things that you never could have conceived of, you’re understanding your own origin story, you’re coming to know who your genetic kin are. So that’s that’s how I think of a seeker.

MBA

So in the book, you mentioned how a seeker will often work with a search angel to assist in this process, kind of tell us what a search angel is and how they help the seeker out?

LC

Yeah, so search angels have been around for some time. They’ve been working with autosomal DNA for 10 years. And one of the largest groups that they have traditionally worked with have been folks who are adopted. And so search angels typically are volunteer, they’re all very often women. And they’re kind of driven by a sense that, you know, that it’s everyone’s right to know their own genetic identity if they want to know it, and so they will work with a person in terms of getting their DNA tested and understanding the results. So looking at those lists of genetic relatives and trying to piece together who that person’s birth parents might be, or if they’re searching for, say, a half sibling or cousin, who, you know, how do you figure that out? And they work with those genetic segments that the seeker has in common with relatives and they work on creating as well, family trees. And in that way, put the information together to understand whatever it is that the question the question is, that the person is trying to have answered.

MA

So sometimes a search angel will help the seeker find out that there is NPE. Now what is that?

LC

So an NPE traditionally has been for non-paternity event, that’s the kind of you know, wonkish term that you see used in academic articles. And by genetic genealogists traditionally, and now it’s sometimes known as not parent expected, but you know, non paternity event means essentially an interruption in the male line. And colloquially as people use it when they’re talking about DNA, it means finding out your dad’s not genetically related to you, or more broadly, perhaps that your mom’s not genetically related to or both parents if, for instance, as you know, one book I one story, I tell them the book, a woman discovers that she’s adopted through DNA testing, so she discovers that neither of her parents is genetically related to her. But traditionally, the way it plays out is, is that a person discovers that their father’s not genetically related to them. And that’s a pretty profound piece of information to find out especially if you’ve embarked on DNA testing sort of on a lark, just because you will curious to get an ethnicity estimate and then you have this really weighty result waiting for you when you click through to your results on the computer.

MA

So final definition, I want to shift gears and go into the philosophical aspect of your book. Libby, how would you define genetic essentialism?

LC

So the way I’ve looked at it in my book, and with regard to the way that people use commercial DNA testing is that they tend to read too much into their genes and how much their genes get to have a say in predicting their future. So it’s this sort of sense that genes can be fate. And that, and also, when you think about things like ethnicity and race, there’s a sense that, you know, that everything that has to do with our differences from one another all boil down to biology, and that these rules are sort of very strict and really delineate great differences from one another. So you know, it’s a kind of a problematic way of thinking and it’s a very binary way of thinking and there are times when the marketing that you see the ads that you see around commercial DNA testing and how it talks about ethnicity can be kind of a reinforcing of that sense of genetic essentialism in ways that some people find troubling.

DM

Another question and kind of more about you, you wrote an article when you were with the Washington Post- Who Was She-A DNA Test Only Opens New Mysteries that inspired this book. I’m wondering if you had any personal experiences prior to writing the book in your own testing and genealogy.

LC

I hadn’t. My family had been into genealogy for a while, my father in particular had been doing his genealogy going back to the 80s when there was no DNA and there was no internet that he could use. And both my parents had done the National Geographic DNA test, which was something that was kind of popular in the early 2000s. So we had dabbled in it. I had some familiarity with it, and I actually had just been gifted DNA kit from my dad and it was sitting on top of my microwave. And I was thinking about doing this. It was sitting there as I was starting to do this article, and then I realized I should really test it and see what the experience is like so that I was ready for that knowledge.

DM

So the article, The Washington Post article was really the kickoff thing, essentially, the kickoff for this book.

LC

Yeah, it was the kickoff because I’ve been writing for a long time about the intersection of science and culture and technology and culture, right? How does technology sort of shape who we are and how we behave? And I was very interested in how DNA testing can provoke surprises, can provoke revelation of identity. And so that’s sort of how I came into it with that those questions about, you know, how DNA can inform who we are?

MA

Well, Libby, the consensus in the book seems to be that if you take a DNA test, and as a result, you learn of a family secret, that in the end, it’s best to just tell the affected party. Why ultimately, is that the better route to take?

LC

Um, you know, I think people differ on this. I think the upshot is that maybe five years ago, you could have gotten into a really good debate about sort of what’s the right way to handle this information? And the best way, you know, should you withhold it? Or should you have a kind of a big family transparency conversation over the, you know, kitchen table and talk about it? And those questions are still really important. The problem is that in the last five years, the databases have grown so much, that it’s now almost a question not of if, but when a secret comes out. And so it’s, it’s putting a lot of people in a place where they have to kind of get ahead of the information and they have to disclose before say the other person decides to test and find out on their own that they’re information that you held back. So you know, the question, it’s almost like a question of a practical matter if you know the other person is going to find out a long standing family secret by testing possibly themselves or through the grapevine at some point in the future, would it be better that it come from you from your lips, than that they find out and then find out you’ve kept it from them? So that’s, sort of why a lot of people are saying now better off to have those conversations earlier rather than later.

MA

And to follow up as you did your research for the book, did you find any differences in receptiveness to genetic surprises along religious lines?

LC

Oh, that’s a really good question. Um, you know, I’m so interested in that. I don’t think I did, but I’m really curious why you ask that.

DM

Well, I actually I noticed it. I kept reading and seeing the different you know, the Jewish religion and the, the Catholic religion and I started to see actually a trend or at least I thought I saw a trend between the different groups on who was more receptive. And so I just thought it was going to be an interesting question to ask you to see if you had to take.

LC

That’s really interesting. You know, I didn’t notice it, but I kind of wasn’t looking at it through that lens. So now I’m curious, I’m going to start thinking about the people who I interviewed and whether that was the case.

DM

Well, you know, yeah, actually, it wasn’t really it wasn’t trying to make, like a religious question or statement, but I just started to see a trend. And I’m just wondering if there was a particular group that was, you know, like I said, more receptive. And then actually, I want to build on that a little bit. Your book makes it clear that consumer DNA testing can reveal, obviously, hidden family secrets. What sort of support resources are out there for the seekers and the seekees that are impacted by this, you know, disturbing DNA test results?

LC

Yeah, that’s one of the most important questions right now. And it’s a question unfortunately, without a whole lot of answers because there isn’t a whole lot of support for people. It’s one of the things I’ve been thinking a lot about and talking a lot about is the need for psychological support for people in these situations. There’s a handful of psychologists who’ve started specializing in, you know, helping people who say, uncover a DNA surprise and the particular trauma that can go along with discovering, for instance, that you’re not related to one of your parents. There’s, for instance, 23andme, maybe about six months ago put up something called a navigating unexpected relationships page, where they directed people to a few resources, like there’s a genetic counselor that they could talk to. One in particular specializes in this. And they also talked about, you know, directing people to like online therapy programs, but basically there isn’t really much and for the most part to support that has grown up for people has been in Facebook groups. So there are many, many Facebook groups that are dedicated to all kinds of genetics surprises and different types of surprises and different kind of emotional aspects or are you interested in the logistics of figuring out the answer to your own mystery? Are you interested in discussing the emotional ramifications? Well, there’s a group for each of those. And so, you know, it’s kind of like a homegrown thing. And it’s in my in my opinion, it’s one of the greater bioethical issues right now is how do we support people? How do we help them have conversations with one another? How do we help them have conversations with the people that they are seeking out or may or may not want to be found? And there’s not there’s not a whole lot out there yet that exists for the literally millions of people who are being affected by this.

DM

That’s a great answer. And it actually kind of leads me to my next comment. I wondering going forward legislatively if they’ll mandate any new companies or retroactively put that in because it felt like to me reading this that they built a really fast car and didn’t give you any brakes?

LC

Yeah, they did build a really fast car. That’s a good point at the same time. I mean, sort of it almost feels like too late for that. And what I know about I don’t know the culture around this and American culture and our taste for regulation, that doesn’t seem like something that would be likely to happen. So I have a feeling that it’s going to be private industry that steps in. So for instance, psychologists who decide that they’re going to specialize in there’s going to be a new subspecialty. And it’s going to be you know, the trauma of discovering that you are the product of an NPE and that like literally that is already starting to exist specifically psychologists who specialize in just that.

MA

Well, speaking of psychology, just the other day, I saw an article that you had written in Psychology Today, entitled On Its 20th Anniversary, DNA Testing Reaches a Tipping Point. And I thought that was just really an excellent distillation of a lot of the issues that you brought up in the book.

LC

Yeah, I mean, it literally the first tests were sent out exactly 20 years ago, there’s a company down in Houston called Family Tree DNA and they sent out their first test kits in April of 2000.

MA

I’m just gonna have you kind of continue that timeline. So since the first consumer kit was available, can you kind of walk us through the history in the last 20 years of consumer DNA testing and some of the major milestones that have been hit?

LC

Sure. And keep in mind, I’m talking here about commercial DNA testing for ancestry purposes, not necessarily for other things like proving paternity with like the kit you get in Walgreens, if you’re going to take it for a legal paternity test. I’m not necessarily talking about medical testing, like 23andme, although they are bundled in with that because they also offer ancestry testing. But the first million kits or the first million tests that were taken happened around 2013. So from 2000 to 2013. It takes 13 years to even get up to 1 million. So think about that we’re now at over 30 million. So we went from about 1 million in aggregate in 2013 to over 30,000,000 7 years later, that’s like an astonishing rise. The bulk of the kinds of testing the commercial DNA testing for ancestry purposes between 2000 and 2010 was primarily Y DNA and mitochondrial DNA was much less useful for the average genealogist and certainly for the average non genealogists who just looking to find out their ethnicity estimate. It’s really not that helpful unless you’re really serious family historian and you have a very specific question, say along your paternal line then Y DNA might be helpful. autosomal DNA and makes it sort of starts out really being useful in 2009 and 2010. And ancestry offers its own test in 2012 Then you start to see things really coming along. few other milestones I like to think about are 2018. When you see the Golden State killer case, which was a case that was solved through the use of genetic genealogy and quasi-public DNA databases. And more recently, you’ve seen a sort of a slowdown in sales. And that’s kind of an interesting topic too. And you’ve seen a pivot from some of the companies to it from away from just doing ancestry towards bundling ancestry with testing for like, health related risks and traits and things like that things that 23andme long offered, now companies like ancestry and my heritage are moving into that space.

DM

You know, one of the other, I guess, big points that I took away from your book was the issues with DNA testing that helped unearth when babies are accidentally switched at birth in the hospital. And I was wondering how often did, and does that actually occur?

LC

There are no statistics. I would love to know, there have been a number of cases from the 40s that I’ve seen in the news and some going further back. And there are some that are more recent. You even see them in, you know, the last few decades. I think I saw some from the 80s there may have been some more recent I’m not sure. So, you know, it’s definitely something that would be fascinating to research and I tried to find out the answer to myself and I couldn’t find any good data on it.

DM

You know, two quick follow up comments on that one.  Reading that story, you know, Alice’s story was heartbreaking, you know, of the what ifs and could have been, if that didn’t take place and to the visual mosaic that you get reading that about the hospital in 1913 in the Bronx is incredible. I mean, you really painted a great picture of what care and in birthing looked like in that time period.

LC

Yeah, thank you so much. The history research for this book was really fascinating because the protagonist of the book, Alice, the woman who I wrote about for The Washington Post, and then I revisit her story for the book and tell it in much greater detail. She tested in 2012, the dawn of the consumer genomics era and found this mystery would she was not expecting she thought she was almost entirely Irish American, she turned out to be half Ashkenazi Jewish, and she couldn’t understand why. And as I recount in the book, you know, it takes her two and a half years to understand why and it’s not any of the expected explanations. It’s not it’s not the more common explanations. It’s not, for instance, a non-paternity event in her case. And as it turns out, the beginnings of her genetic mysteries go back 100 years. And so that allowed me to look at, for instance, certain themes that played into the explanation of her story like some of the immigrant groups that were living in a certain area in the Bronx 100 years before and maternity wards and things like that. And that was just absolutely amazing. I live not far from the Bronx. So I was really interested in understanding, you know how immigrant culture was like the immigrants who are leaving the tenements downtown and moving up into the Bronx because it was the place to be you could afford it and there was space. So that was like one of the most fascinating things to dig into.

MA

Libby you recounted a study in the book, where researchers at the Arizona State University, were looking to see if there was a genetic component to diabetes in the Havasupai Native American population. Talk to us about what went wrong with that study. And as a consequence, what issues were raised with regards to informed consent and privacy?

LC

Yeah, that’s a really good question. This is a case that I thought kind of presciently predicted some of the themes that we’re now seeing and it happened you know, quite some time ago. Over a decade ago, this was a case where researchers were helping this Native American group understand whether there might be a genetic component to diabetes, which was very common within their community. And there’s been disputes over what really happened and it’s been the subject of legal issues and ultimately a settlement. But the Havasupai said that they gave consent for research into diabetes, and that and that’s it and nothing else. And what ultimately happened was that the researcher started to look into issues, genetic issues within the blood samples that they had from the Havasupai, you know, pertaining to other issues, among them, the origins of their people, so where they have come from how they have gotten to where they lived in the Grand Canyon. And one of the problems with that, from the point of view of the people who had given their their DNA was that they had never consented, to use of their DNA to study something that really conflicted with their spiritual beliefs. They had a spiritual belief that they had arisen from that area. And science was being used to basically negate something that was incredibly sacred to them. And what was interesting to me about that, in addition to everything, it tells us about issues of, you know, having to get consent and say, here’s how I’m going to use your DNA. And are you are you on board with all of this, but it also has to do with things that you can’t foresee. And we’re in a situation now where you might test at a company. And you might agree with their privacy policy, but 20 years down the line, they might go sold to another company with a totally different consent and privacy policies. And then what does that mean for your DNA and how it’s used and will you even have the opportunity to say yes, I agree to this or no, I don’t, I think so.

DM

Yeah, but that’s a really great point because  that opens up a whole another you know, can of worms because you can’t forecast in 10 years if the company is sold, and where that could lead to,you kind of just don’t know where it’s going. And you also don’t know if there could theoretically at some point be some sort of a breach that causes an information hack that causes your information to be revealed in some way.

LC

How damaging that would be is an open question. They might, you know, might be the case that somebody having your social security number actually has, you know, more information that’s useful to them and harmful to you than having your genetic information. But, you know, obviously, that is a concern. So having your information out there. The other thing that interested me about the Havasupai story is that we all have kind of sacred truths, things that things that we cling to because they mean a lot to us because they’re part of our origin story, our personal origin story, or the things that we really, really value and there are times when DNA can seem to be in conflict with that DNA tells you that, you know, your father had a relationship outside of marriage and had another child and you have a half sister, and what does that mean to you in terms of relationship with their father and everything it says about your father’s relationship with your mother, and now you have to have this conversation. It’s, it’s really painful. And it’s not always painful it can be. It can be life affirming. It can be wonderful. It’s just that it depends on the circumstances and everyone sort of can be affected within a family in a little bit of a different way. So it’s just incredibly profound information that we can now get for the cost of $99 for very, very little investment, sort of testing on a lark, and people are not always prepared for the ways that those results can upend everything that they believe up to that point.

DM

That’s an interesting way of putting it for $99 you can turn your life and everybody around us life upside down. How accurate are the so-called ethnicity percentages in consumer DNA testing. And what differences between the companies are there? I know sometimes they are even amended?

LC

Yeah, they’re good, but they’re not perfect. They’re getting better. If you’d asked me five years ago, I would have said they’re okay. But you know, they’re, they’re not great. And now I can say they’re good, but they’re not perfect. I mean, they’re getting better all the time. Um, there was a speaker that I saw at a conference a few years ago from one of the companies who said that it’s a young and evolving science. And I think that’s, that’s the case. I mean, you’re, you’re pretty much can count on their continent level predictions, and very often, their country level predictions are pretty good, but there are things that they can’t always see. And that’s why you’ll get slightly different results depending on the company. There’s all sorts of issues having to do with borders changing and borders being porous and more and migration that make it difficult to say whether for instance, your you know, your genetic ancestry is French or German and so they’ll have to kind of lump it into a big category and as consumers, we are usually expecting you know, very neat and simple answers and and we just can’t get there with the way that history is so complicated. We can’t always get there at this point in time. But pretty much if you’re, you know, if your test gives you a very high percentage of ancestry from Europe, and Western Europe say you can pretty much count on that being the case. And same is true for the other large continent level predictions, but the predictions are much better for people of white European descent, than for those from other places, Africa, Asia, Latin folks of Latin descent, the results are often not as granular so you get sort of wide swaths, rather than specific territories or countries.

MA

Well, Libby, I’m gonna put you on the spot just a little bit here. If you were to write the click wrap terms and conditions on the website of a consumer genetic testing firm, what would be some of the key language that you would include in terms of the warnings?

LC

Yeah, that’s good. Um, you know, one of the things that they do tend to warn about and in some cases, some of the companies could maybe make this warning more than they do is just to kind of give you a heads up that you may discover unexpected relationships, or there may be things that change your perception of your family. How helpful those warnings are. You know, I think they’re very important to give, although I’m not sure if anyone ever thinks that it will happen to them, which is one of the problems. But I do think it’s important to get that out there. I also think that, you know, it’s important for people who are taking these tests to think about the ways in which they don’t know what will happen to their information. So for instance, you may want to read through a long privacy policy and then realize that it’s 10,000 words long and you can’t, and so to the extent that a company can kind of take those key points and some of them do a better job of this than others and kind of bullet point them. That’s very helpful. I found that I read a number of these privacy policies, which took me hours and was incredibly confusing there, they use legal terminology, they use terms that they say are going to be find in another document, you have to go look them up. So I mean, if you’re wondering, for instance, like how protected your data is, that’s something they can sort of say in a bullet point, and they could also very say, this could be changed at any time and we, you know, we will notify you by email. And if we get bought by another company, at some point down the road, that company may have a different policy and some of the companies do, like I said, a better job and some a less good job of kind of spelling out basically the unknowns of things that you can’t possibly know at this point in time about the future and how your genetic information is going to be used.

DM

I was reading some of the comments in some of the chapters in your book about that, and it, it really made me because I was thinking about, you know, jumping into this game and it made me really nervous of know, the downstream, what will happen to my information?

LC

I think one of the other questions is genetic discrimination. There’s a big question for some people about how your information could be used against you if you decide that you want to get purchase like life insurance or disability insurance. So there’s there is federal protection for certain things. But that federal protection has loopholes. So for employment and for health insurance, that you know, your DNA information, your genetic information is not supposed to be used against you, although even that I mean, there’s, there’s all sorts of loopholes that could theoretically be a problem, but at the same time that we haven’t seen that play out yet, so it’s it’s an abstract concern at the moment, and it hasn’t been an issue yet, but it could there could be a point in the future where you go and want to purchase life insurance and the company asks you Have you taken a DNA test either at your doctor’s office or through a commercial testing company? And, you know, you have to say, Well, yes, actually, I took an ancestry test a few years back, and then they can ask you what the results are. And if you declined to tell them if you decide to not tell them truth that you took it, in theory, that could be considered fraud. And again, this is a lot of ifs. But this is definitely a concern. I’ve heard from some consumers about why they’re not testing us because they just don’t know how that information could be used and possibly against them. At some point in the future.

 DM

Yeah, I don’t see how you could ever 100% lock that down today, next year, or10 years from now

LC

Yeah, I mean, from the other side of things, like I’ll just tell you I have tested I’ve tested it multiple companies, you know, and so I you know, I do think i think that DNA can also be  the ability to test and to find out your genetic relatives and your own genetic ancestry can be an impressive incredible gift. And that’s why it’s been so popular, not just for family historians and people who’ve been doing this going back to the 1970s. But for, you know, just mainstream people who are kind of casually interested, it’s been a great gift. And I have personally found genetic relatives I would never have found otherwise. And it’s been great. You know, it’s really helped us understand our family history. And so, you know, what I’ve tried to do in the book is really understand both, you know, where the dangers may lie where the precautions are, that we need to voice but also like, why is this? Why are so many people doing this? And what is it that that DNA testing can give us? Otherwise, people wouldn’t be doing it if it didn’t have anything to offer. And it does, it has quite a bit to offer. It’s just that for some people, the results don’t kind of play out as expected. And that’s a very interesting thing that I think we need to look at and we need to be talking about.

DM

That actually is a great segue to my next question. In the book, it describes some of the work of the top genealogist and even some amateurs with amazing skills. During your research, did you uncover any hack, or even just plain fraudulent genealogists?

LC

Um, no, although there I did discover that a lot of people who are good at this, sometimes will say that somebody else isn’t so good at it. So there’s there’s a certain amount of competitive spirit. And I think some of that comes out of the fact that there isn’t any kind of, like certification for genetic genealogy or for an or for investigative genetic genealogy, which is, you know, when you’re doing it for crime solving, typically with cold cases, which has become popular since the Golden State killer. You know, there’s no, there might be informal vetting, but there’s no formal process for saying this person’s really good and this person doesn’t know what they’re doing. And it’s all like word of mouth and proving yourself through skill and working on cases until you get good enough. Some people will be really good with working with people of Jewish ancestry and some people will be good with people of African ancestry. And, you know, maybe they’re really good on those and and they’re not good in something else. And someone else is really good with Irish. And so it’s, you know, it’s really an interesting thing. And there’s some there’s some sharp elbows, I’ll say, a few when you talk to people, oh, I, you know, I know that person’s not that great or that person isn’t. She thinks that she is.

MA

Well, I’ve always had the itch to submit my dog’s saliva to a few of the major consumer testing labs. It’s kind of a cross check or a proficiency test. In your research, did you uncover any problems with poor quality or out and out fraud with the actual testing laboratories?

LC

Not with the majors, so the major companies I can’t say I’ve seen that. the major companies are ancestry, and this is an kind of from greatest size database to lowest so there’s ancestry and then just beneath them, they have 16 million 23andme has 10 million My Heritage has somewhere in the three or 4 million and Family Tree DNA has one or 2 million. And for the most part, there might be an occasional problem in the lab, particularly going back to the early days that you hear about, but for the most part, they seem to have their have their stuff together. And you know, they’re not mixing up samples or, you know, getting dog DNA and pronouncing it human. But there are like fly by night companies, for sure. And those companies do operate really fraudulently at times. And in fact, there was a case of a company that was given dog DNA and did treat it as if it were human and did pronounce the you know, the dog to be a certain percentage Native American. And, you know, this clearly seems to be like a mill for producing results along the lines of what people were testing for Native American ancestry by people who were not Native American who possibly wanted to claim benefits fraudulently. And they were basically just handing people what they wanted. And that was a really interesting case that was written about in I believe in a Canadian newspaper. So when you do see that sort of on the margins of the industry.

DM

What are your thoughts on the 23andme COVID-19 study to investigate whether there is any link between the severity of symptoms and the genetic makeup?

LC

I think that the more I think we need to study right now, right, I mean, we’re all we’re all sort of feeling very much behind behind the eight ball. This disease is horrifying and seems to grow more horrifying every time I read about it. I think, Oh, it’s worse than I thought every time. The latest news was about children with symptoms similar to Kawasaki syndrome. We’re being hospitalized in New York State. I mean, it’s just part of So I feel like any kind of research, you know that can be done is probably a good thing in terms of getting us maybe more on pace with the disease and eventually being able to understand it better.

MA

So for my last question, I want to focus on investigative genetic genealogy in the criminal investigation world. And I want to give you a hypothetical, Libby if a criminal defense attorney had a client, who had been identified as a perpetrator of a serious crime through an investigative genetic genealogy hit, and let’s say he or she approached you for advice on how to vet and potentially attack that investigation. What would your recommendations be?

LC

Well, first, I would say I’m not a lawyer. And I would probably point them to some privacy experts who are and so when I was researching this for one of the chapters in my book, I talked to a number of people including Erin Murphy, who’s at NYU and Natalie Ramm who is in Baltimore I’m thinking University of Baltimore. And, you know, I have to say this hasn’t been tested yet. Right? It hasn’t really, it hasn’t really been tested in a court in terms of somebody, a defense attorney attacking the methods, the forensic genealogy methods used to, to identify a criminal or to help identify a criminal. But one of the interesting things that that some legal scholars raise as a concern is this idea that when you go into a database with a criminal sample, looking for relatives to that criminal sample in hopes of identifying, you know, that family and then winnowing down the identity of the criminal, they would suggest that it’s it’s almost like a fishing expedition that you’re that you’re, you’re casting suspicion on this. Ultimately, this criminal without having evidence for that specific person, and that that is a violation of of, you know, of all the constitutional protections that, you know, that the fourth amendment would, would otherwise provide. So, I will say that that is an interesting argument. But I’ll also say that, I don’t know whether it would hold water if it were tested. I mean, even the people who talk about it and who are very concerned about privacy issues and civil liberties issues, say that, you know, it may be it may be that forensic genealogy violates the spirit of the Fourth Amendment, but it’s not clear that it violates a letter of the Fourth Amendment. And so, you know, without it having ever been tested, it’s hard to say how strong an argument that would be.

MA

Well, I appreciate your input, Libby, because this is an issue that I’m going to have to deal with in my own practice. Very quickly.

LC

Oh, well, I hope I hope you have actual real lawyers to talk to and not just some journalist.

DM

Listen, thank you so much, Libby, we really appreciate your time today. And it’s a great, great read. And it had a tremendous impact on I think both of us.

LC

 Thank you so much. I’m delighted to have had the opportunity to talk to you. And you know, I think this topic is what we’re going to be talking about for a long time. So I’m so thrilled to be able to talk to you about it.

DM

 Will we be looking at a follow up down the road?

LC

 Oh, possibly. Maybe.

DM

 Yeah. I’ll be calling my mom again.

LC

 Yeah, right. Exactly.

MA

 Thank you, Libby. Really appreciate it.

DM

 What a great discussion Mehul. It really comes through that Libby is a journalism pro, and that she did a ton of homework for this book. I would really like to see her do a follow up.

MA

Yeah, no doubt Libby was great to talk to. And it’s my hope that our episode stokes interest in her book. I mean, with 30 million or more consumer genetic tests being completed. Let’s face it, almost all of us are going to be potentially affected by the results of these things. And we’re going to need to know how the heck deal with that.

DM

I’m going to do a shameless plug for our podcast, listeners take a look at a few of our past episodes that dealt with genealogy, ‘Golden State killer-A New Era of DNA Investigations’. and ‘When Genealogy Reveals Evil’, that’s the episode with Jeff Mudgett. When you talk about shocking family secrets, just imagine finding out that your great, great grandfather was America’s first serial killer, H.H. Holmes.

MA

Yeah, that’s a that’s a terrible Thanksgiving dinner topic of conversation.

DM

Unfortunately, with the addition of DNA testing to classic genealogy, more people are going to receive the shocking news that somewhere in their family, there’s a criminal.

MA

 Absolutely true. And there’s plenty of examples of that. So let me just give you one- Brandy Jennings from Vancouver. She uploads her DNA to GEDmatch, and her purpose of doing that is to learn more about her father and his relatives after he died. So she uploads her DNA doesn’t think about it. Sometime later, investigators start messaging her on Facebook, asking her if she knows someone by the name of Jerry Burns. Well, Mr. Burns happens to be a suspect in the 39 year old Iowa case of Michelle Martinko’s murder. So unbeknownst to Brandy, the police had uploaded crime scene DNA into GEDmatch, and boom, it showed an association with Brandy. And ultimately through the genealogical research, they found out that Brandy was a second cousin once removed of the killer. Now, Brandy Jennings was happy to talk to the media about this. She was happy that she could contribute to solving a crime. And she actually said that she was into true crime. And so just to give you a little background on how this case ended, the genealogy narrowed down the suspect pool to three brothers. So they took covert samples from two of them and eliminated them. For the third one, Mr. Burns the investigators followed Mr. Burns and his son into a pizza restaurant. Now, Dion, I gotta tell you, there’s a common thread here. It seems like they always nab the guy at a pizza restaurant. I mean, you take the Grim Sleeper, he was at a pizza restaurant, and what do they do? They take you know, DNA from half eaten pizza or a drink cup, or something like that. So I’m starting to wonder if pizza is really the main tool here and solving these cases.

DM

Well I think we’ve been going around profiling all wrong. I think we just need to start with serial killers who eat pizza.

MA

I think so. I think you start taking random samples from different pizza parlors.

DM

That’s a really a crazy coincidence, though.

MA

 Yeah, it is. So in another episode, Crumbs of Evidence, we talked to Jared Bradley of M-Vac systems and one of the things we discussed was the use of the  M-Vac in the Angie Dodge case. Now there’s a lot of twists and turns in that case that have to do with genealogy. We had false confession, leading to a wrongful conviction. We had the use of the M-Vac in a really cool way that led to an exoneration. And we had genetic genealogy that ultimately led to the real perpetrator. Now there was a bit of a stumble along the way. And Libby refers to this that some of the early testing in genealogy was based on the Y chromosome, which was not as specific as the current autosomal DNA. So in the Angie Dodge case, in 2014, the police decided that they wanted to use this early genetic genealogy. And when they did that, they actually got a hit to a man named Michael Usry. Now he was in Louisiana. Now check this out. He had visited Idaho once where the crime took place. And he was a filmmaker. And guess what one of his projects was, he made a film about a woman’s brutal murder called Murderabilia. So let me just stop there, right, we’ve got all the ingredients for confirmation bias. We have, quote, DNA, which we’re going to find out was actually weak in this case, but we have these other factors that can definitely lead to tunnel vision. Well, ultimately, they resolved that Mr. Usry was not a match using this early Y chromosome testing. Few years Later, technology is better, they want to have at it again, so now they do the autosomal DNA testing, boom, they get the true perpetrator, Brian Dripps, but I want to contrast this with the previous case I talked about with Brandy Jennings. Here. I was looking at a newspaper report, and they talk about the court affidavit. And they say that, you know, the laboratory developed the hypothesis that the unknown DNA donor was a male descendant of, and they name a person who is deceased. And his his wife’s name-and they give the name.. She’s also deceased. Here’s my question to you, Dion. Why in a newspaper article do you have to name the people that the killer descended from? What utility is there in that? I mean, I know it’s in the genealogical report. I know it’s in the court record, that probably should have been redacted. And even if it didn’t, why did the media feel the need to name those people in the article?

DM

 You know, I’ve been thinking about that. I think it’s kind of a guilt by association, even though they weren’t involved. They’re still looking for, you know, they’re still hunting for heads, so to speak, of people that they could pin it on, you know, can’t be just the one guy maybe the whole family. It’s it’s just the, you know, I just think they got swept up in the media rush to start you know, start to point fingers at people. What doyou think?

MA

Yeah, therein lies the problem. I mean, if I were to submit my DNA and it helps to solve crime, that’s great. But guess what? I don’t want anybody mentioning my name.

DM

No. And I think that goes to Libby’s comments that she mentioned that the consumer DNA testing is actually on the decline. And the two reasons that have been cited are saturation of the market, which is no shock there. But I think more importantly, privacy concerns.

MA

 Yeah. So one of the early illustrations of the privacy concerns that Libby discussed in her book was the Arizona State University study

DM

 That one was actually just kind of disturbing to read, because I really felt for them because it it rocked the core of who they are.

MA

 Well, it was disturbing. And it was several years ago. So we’ve got that ironed out by now. Right? So this study that she talked about, you know, just to go back to Havasupai Indians, they were interested in studying diabetes. So they looked at the genetic component. Well, they started studying other stuff as Libby described. So I think it’s not worth mentioning the so-called GEDmatch opt in controversy from last year because it’s somewhat of a parallel to the ASU study. So, after the Golden State killer, of course, genetic genealogy was all the rage. And there was a case in Utah where an A 71-year-old lady was practicing organ inside a locked church. Some young man broke a window, leaving some blood at the crime scene came in and for whatever reason, started choking this poor older lady. He didn’t kill her. But she was obviously injured. And then there was DNA evidence, the blood from the broken window. Well, police, you know, they ran out of leads, and they wanted to use genetic genealogy, specifically the GEDmatch database. Well, there was a problem in the terms and conditions for GEDmatch. It specifically says that we’re only going to use this for the crimes of rape and murder. And while this assault of the 71-year-old lady is horrible, it’s just that it’s an aggravated assault. So apparently, the police sweet talked GEDmatch into being able to use their database. Lo and behold, they solve the case. Well, happy ending, right? You know, what’s the issue here? Well, there was violation of informed consent. So in the terms and conditions for GEDmatch, which by the way was only seven pages, it’s not one of these, you know, things you got to click through for three hours, just to to read all of it. It’s specifically said, listen, you cannot use this in an aggravated assault case. And that’s what people signed up for and agreed to. So the issue here is that if firms are gonna start changing the rules on us, then what do these terms and conditions really mean? And I think people then are going to get skeptical of sharing their genetic information, and what’s going to happen like you refer to, the databases are going to shrink, and we’re actually going to have less power to solve crimes using this type of technology. So GEDmatch came up with the famous opt in which means that by default, all users would be opted out of being eligible for law enforcement searches. And they would have to specifically opt in if they wanted to be included in that type of search. So naturally now the number of profiles that are searchable, went down. And now you see this campaign on Twitter, you know, hashtag opt in, help solve a case, all of that kind of stuff. Right? Those numbers, of course, are gradually going up. But that was a setback in genetic genealogy.

DM

 Well, not only do the terms and conditions, I believe they just don’t mean anything on any site anymore. I mean, look at how many you know, big hacks we’ve had with Facebook or not a hack but finding out on the back end that they’ve been selling the information and now you’ve gotta take into consideration the, the shrinking of the market and the condensing of people buying other companies are those terms and conditions gonna follow the user on to the next company and I don’t believe they will.

MA

 Well it’s interesting you bring that up as a matter of fact, in 2019 GEDmatch was sold to Verogen, which is a genomics company. Now I read I pulled the terms and conditions, it’s still seven pages. It’s still straightforward. You just drop Verogen in there and a couple places, but who knows what the future holds? Okay, that’s all pretty heavy.

DM

 Yeah, you were really dropping your, your DNA nerd on me in those last couple of ones

MA

 I know. Okay, so let’s lighten it up a little bit here. Okay, so in the book, Libby talks about CeCe Moore she’s sort of now the face of investigative genetic genealogy. And you told me and I want you to share this with our listeners about a unexpected connection that you had with CeCe in terms of crossing paths with her back in the day?

DM

 Yeah, this is crazy. So I’m seeing her name repeatedly. And I just thought that because at some point time we were developing a show we wanted to bring her in as a consultant. And then I kept looking in the name and then in Libby’s book, she, she’s actually interviewing her and talking about how she got into, you know, her current field, and she mentioned that she was a kind of a struggling model and actress in Los Angeles and then it hit me. And so I looked I went to look them up online. And sure enough, we have a history going back to working on a couple of productions back in the day for Stu Segall down in San Diego. How about a small world?

MA

Are you saying that you were also a struggling actress?

DM

 Struggling actor.

MA

Yeah. Wow. I mean, What a small world. It’s funny how that ultimately you both ended up working in crime one way or another.

DM

 I think it’s fair to say that Mehul and I got a lot out of Libby’s book, and we encourage our listeners to get a copy. Visit libbycopeland.com to purchase the book and learn more about Libby. You can also follow her on Twitter @libbycopeland. Thanks to all of our listeners and social media followers. It’s exciting to see our download numbers increase. Please catch up on all of our past episodes at crime redefined.libsyn.com and please follow us on Twitter, Facebook, and on Instagram, and stay safe out there.

B

 Thank you for listening to the Crime Redefined podcast, like us on Facebook and follow us on Twitter @crimeredefined. Please send us your comments and questions and join us for the next episode.

 

 

Forensic Fraud-S1 18

Fraud in forensic science can take on many forms and have dire consequences for defendants and victims in the criminal justice system.  Crime Redefined examines cases ranging from pure malicious intent to professional negligence and offers an insider’s perspective on this frightening phenomenon. Smoking crack, framing defendants, and ripping off clients are apparently all in a day’s work! Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

She’s So Cold-S1 17

Criminal defense attorney Donald E. McInnis (donaldmcinnis.com) is the author of She’s So Cold:  Murder, Accusations and the System that Devastated a Family, a book about the 1998 murder of Stephanie Crowe in Escondido, CA. McInnis joins Crime Redefined for a fascinating look into coerced false confessions, the juvenile justice system, and DNA evidence.  Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

When Genealogy Reveals Evil-S1 16

Jeff Mudgett is the great-great grandson of America’s first serial killer, Herman Webster Mudgett, also known as H.H. Holmes. Jeff is the author of Bloodstains and starred in History Channel’s American Ripper which investigates the theory that H.H. Holmes was Jack the Ripper. Mudgett joins Crime Redefined to tell his story and share new evidence that calls into question the conclusions reached in American Ripper.  Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.

Crumbs of Evidence-S1 14

Jared Bradley’s M-Vac forensic DNA collection system is a superstar both in solving cases and in the media. Bradley joins Crime Redefined to break down recent headlines about this powerful forensic tool.  From breaking news about the Angie Dodge rape/homicide cold case in which the M-Vac helped to free Chris Tapp from prison, to compelling new FBI M-Vac research data, the M-Vac has emerged as a breakthrough DNA technology. Bradley also pulls back the curtain on the M-Vac’s TV appearances on ID, History, and Discovery channels. Hosted by Dion Mitchell and Mehul Anjaria.  A Zero Cliff Media production.