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- LAW, Page 63DNA on Trial
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- Mixed results for genetic tests
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- The strange tale made banner headlines and gripping TV in
- 1985. Filled with remorse, Cathleen Crowell Webb publicly
- declared that Gary Dotson was not the rapist her testimony sent
- to prison in 1979. In fact, she said, there was no rape; she
- made up the whole story out of fear that she might be pregnant
- by her boyfriend. The best Dotson could obtain from that
- admission was a commutation of the remainder of his
- 25-to-50-year sentence. Last week, however, his name was finally
- cleared as Illinois prosecutors dropped all charges against him
- after a state judge ordered a new trial. The reason: results of
- DNA identification tests indicated that Dotson could not have
- been the man who had sex with Webb.
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- But in another case decided last week, a New York State
- judge raised some doubts about the courtroom use of DNA
- technology. Forensic DNA tests seek to compare the genetic
- patterns of a suspect or victim with those of the human remains,
- such as blood or semen, left at the scene of a crime. Proponents
- of DNA identification have long insisted that the tests are so
- precise that they can establish matches or exclusions to a near
- certainty.
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- In a precedent-setting ruling, New York Judge Gerald
- Sheindlin questioned the reliability of certain procedures
- employed by Lifecodes Corp., one of the nation's leading
- DNA-testing firms. Sheindlin agreed that DNA techniques "are
- generally accepted in the scientific community and can produce
- reliable results." But he ruled that in the murder case of Bronx
- janitor Joseph Castro, Lifecodes "failed in several major
- respects to use the generally accepted scientific techniques and
- experiments for obtaining reliable results."
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- Specifically, the decision means that the tainted tests may
- not be introduced to show that a bloodstain found on Castro's
- watch came from the victim, though other acceptable DNA tests
- by Lifecodes may be used to show that the blood does not belong
- to Castro. Beyond this immediate case, the ruling is expected
- to embolden many of the hundreds of defendants fingered by DNA
- tests around the country to challenge the procedures used to
- identify them.
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