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- <text id=94TT1124>
- <title>
- Aug. 08, 1994: Justice:Order in the Lab!
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Aug. 08, 1994 Everybody's Hip (And That's Not Cool)
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 46
- Order in the Lab!
- </hdr>
- <body>
- <p> As the judge sets a date for the Simpson trial, lawyers wrangle
- over the DNA tests that could seal O.J.'s fate
- </p>
- <p>By Leon Jaroff--With reporting by Dan Cray/Los Angeles
- </p>
- <p> Rising to his feet during a pretrial hearing in the O.J. Simpson
- case in Los Angeles last week, Deputy District Attorney William
- Hodgman waxed indignant. "If the defense wants to go fishing,"
- he complained, "they're going to have to use their own pole
- and own tackle box." Hodgman was upset over the defense team's
- demands that the prosecutors turn over a laundry list of records
- including reports of prowler and burglary calls in the neighborhood
- of the murder site, records of local unsolved murders, and--on the chance that Nicole Simpson's dog may have attacked the
- killer--records of emergency-room visits for dog bites during
- the 24 hours after the slayings. Most intriguing of all was
- the defense's demand that prosecutors investigate an unidentified
- witness who had reportedly seen two white men leaving the crime
- scene. The prosecution insisted, in turn, that it was not ignoring
- leads or holding back evidence from the defense.
- </p>
- <p> If the thrust and parry had a tone of urgency, it was because
- both sides were aware that the time to prepare their case was
- growing short. As expected, the judge set an early date for
- the opening of the trial: Sept. 19. No one could know for sure
- whether any more witnesses would turn up before then (Simpson
- was offering $500,000 for information that would prove his innocence),
- but the case may not turn on what people saw or didn't see.
- By the time of the trial, the court will have what is likely
- to be the most important evidence: results of DNA tests done
- on blood found at the homes of O.J. and Nicole Simpson.
- </p>
- <p> A hearing earlier in the week centered on that subject and was
- notable for some pretrial confessions--confessions of ignorance
- about testing, that is. The only kind of science he studied
- in college, Judge Lance Ito admitted, was political science,
- and both Deputy District Attorney Marcia Clark and defense attorney
- Robert Shapiro in effect conceded that they lacked the expertise
- to come to his aid. Ito ordered both attorneys to round up expert
- witnesses to testify about how to handle and interpret the DNA
- tests.
- </p>
- <p> DNA fingerprinting, as the process is called, is a complex,
- high-tech forensic test that can link a suspect to the commission
- of a crime--or establish his innocence. While still controversial,
- use of the tests is gaining widespread acceptance in American
- courtrooms, including California's. That fact was hardly lost
- on either the Simpson defense or the prosecution. Attorney Shapiro
- insisted that his own experts as well as those hired by the
- prosecution had the right to conduct the DNA tests. He requested
- that the prosecution turn over half the samples of blood that
- were collected by investigators after the slayings.
- </p>
- <p> After much wrangling, a compromise was reached. The defense's
- experts could visit Cellmark Diagnostics in Germantown, Maryland,
- where the prosecution had sent the samples for testing, and
- could pare off 10% of each sample. But the material removed
- would in effect be held in escrow. After hearing expert testimony,
- Judge Ito would rule on the disposal of the sliced-off portions.
- </p>
- <p> The tests being performed in Maryland involve two different
- techniques: RFLP (for restriction fragment length polymorphisms)
- and a newer process called PCR (polymerase chain reaction).
- Both are based on the fact that no two people except for identical
- twins have identical DNA.
- </p>
- <p> The DNA strand found in the nucleus of a human cell contains
- a sequence of some 3 billion chemical units, each of them representing
- one of the four "letters" in the genetic code. Most of the sequence
- is the same in all humans, but there are variations, especially
- in the "junk" stretches of between the genes, where seemingly
- meaningless triplets of code letters are repeated over and over
- again. In some of these stretches, no two people have the same
- number of repeats.
- </p>
- <p> In RFLP tests, which take several weeks, the DNA is extracted
- from blood or hair or other tissue samples and exposed to enzymes
- that "recognize" certain sequences of code letters and snip
- the strand at those sequences, cutting the DNA into fragments
- of varying lengths. These segments are placed in a gel and subjected
- to an electrical charge that pulls them down into the gel. Because
- short pieces move faster than longer ones, the fragments are
- separated into a pattern of bands that is recorded on X-ray
- film. That pattern differs from person to person, depending
- on the number of repeats in each segment, and by comparing the
- images on overlying X-ray films, lab technicians can determine
- if there is a match between samples.
- </p>
- <p> Several thousand cells and long stretches of DNA in pristine
- condition are required for RFLP tests, and lawyer Shapiro's
- concern is that RFLP testing at Cellmark will completely consume
- some of the smaller samples. But the prosecution insists that
- RFLP tests are essential because they can be so accurate. Scientists
- estimate that the chance that a properly conducted RFLP test
- will incorrectly identify a person's blood are less than 1 in
- a million.
- </p>
- <p> PCR tests are less precise but require just several days, need
- only the DNA from a few dozen cells and, because only short
- segments of are needed, can be effective even if the DNA is
- somewhat degraded. Using PCR and working with tiny samples,
- technicians use enzymes to copy each of these segments time
- and again until they have enough DNA for testing. One PCR method
- involves comparing the DNA in one of several genes having code-letter
- sequences that can vary slightly from person to person. The
- chance of this test incorrectly linking a suspect with a forensic
- sample is only about 1 in several thousand.
- </p>
- <p> A newer PCR test developed by Dr. Thomas Caskey, of the Baylor
- College of Medicine in Houston, is even more accurate; if there
- is a match, the odds that it could have occurred by chance are
- about 1 in 100,000. Caskey's technique involves comparing short
- triplet repeat sequences in as many as 13 locations in human
- DNA, sites in which the number of repeats varies widely among
- individuals.
- </p>
- <p> Like most U.S. prosecutors, Rockne Harmon, a deputy district
- attorney in California's Alameda County, has an abiding faith
- in the answers that DNA provides. "There has never been a case
- in which a person has been convicted using DNA evidence and
- later been proven to be innocent," he says. "In fact, people
- have actually been freed from prison thanks to DNA evidence
- that turned up after they were convicted."
- </p>
- <p> O.J. Simpson hasn't been convicted, but he sits day after day
- in a Los Angeles jail cell. Whether he wins freedom or stays
- behind bars may depend on the tale of DNA.
- </p>
-
- </body>
- </article>
- </text>
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