Anna was Franziska
Courtier
- Joined
- Feb 9, 2008
- Messages
- 823
- City
- Richmond
- Country
- United States
(introduction by a lawyer who posted it on another board)
....they (Anderson supporters) make stuff up to
support their case, without addressing the facts...
I for one am truly sick and tired of them saying
that this scientific analysis is "faulty" "unreliable"
and "inadmissable in courts" when it is WITHOUT DOUBT not the case!
In fact, one of the scientists who testified in this case, Dr. Terry
Melton, who determined by her mtdna research that AA was NOT GD
Anastasia is expressly found to be a reliable and credible witness
here, her work in the AA case is found to be STILL valid and reliable,
and this Court legally finds that her research is STILL reliable,
credible and admissable. I specifically wish to point out the
numerous times where each scientist testified UNDER OATH that they
were unaware of any scientific peer review studies which disagreed
with the accuracy and vailidity of their mtdna analyses and
methodology, as well as the numerous jurisditions which have found
this mtdna reseach admissible in evidence. This decision is from
September 2000 and has NOT been overturned:
PEOPLE v. KLINGER
713 N.Y.S.2d 823
N.Y.Co.Ct., 2000
Sept. 5, 2000
Judge Brown
PEOPLE v. MICHAEL KLINGER and RAYMOND KLINGER QDS:76703137—The
following constitutes the opinion, decision and order of the court.
***
By previous order of the Honorable Paul E. Kowtna, this court
conducted a Frye hearing on June 6, 2000 and June 13, 2000, to
determine the admissibility of mitochondrial DNA evidence at the trial
of the above-captioned Indictment.
At the hearing, the court heard testimony from two witnesses, Bruce
Budowle, Ph.D., a Senior Scientist with the Federal Bureau of
Investigation, and Terry Melton, PhD., President of Mitotyping
Technologies, LLC.
The court finds that Dr, Budowle and Dr. Melton were credible
witnesses.
The court makes the following conclusions of law:
The Court of Appeals has held that "[t]he long recognized rule of Frye
v. United States, 293 F. 1013, is that expert testimony based on
scientific principles or procedures is admissible but only after a
principle or procedure has 'gained general acceptance' in its
specified
field". In Frye (supra at 1014) the court stated:
"Just when a scientific principle or discovery crosses the line
between the
experimental and demonstrable stages is difficult to define. Somewhere
in
this twilight zone the evidential force of the principle must be
recognized,
and while courts will go a long way in admitting expert testimony
deduced
from a well-recognized scientific principle or discovery, the thing
from
which the deduction is made must be sufficiently established to have
gained general acceptance in the particular field in which it belongs"
(emphasis supplied)." (People v. Wesley, 83 NY2d 417).
"This Court has noted that the particular procedure need not be
'unanimously indorsed' by the scientific community but must be
'generally acceptable as reliable' (see People v. Middleton, 54 NY2d
42, 49). Thus the issue here concerns the acceptance by the relevant
scientific community of the reliability of DNA evidence." (People v.
Wesley, supra at 423).
"Once Frye has been satisfied, the question is 'whether the accepted
techniques were employed by the experts in this case" (People v.
Wesley, supra, citing People v. Middleton, 54 NY2d at 50). The focus
moves from the general reliability of the procedures followed to
generate the evidence proffered and whether they establish a
foundation for the reception of the evidence at trial. The trial court
determines, as a preliminary matter of law, whether an adequate
foundation for the admissibility of this particular evidence has been
established." (People v. Wesley, supra at 429).
The first witness was Dr. Bruce Budowle. Dr. Budowle has been employed
by the FBI for 17 years and has been a Senior Scientist for the past
one and a half to two years. He has a Ph.D. in genetics and a
Bachelor's Degree in biology, Dr. Budowle is a member of numerous
professional organizations including the American Academy of Forensic
Sciences and the International Society of Forensic Genetics. He has
published approximately 200-250 articles or materials relating to DNA
analysis, nine of those articles regarding mitochondrial DNA
(hereinafter "mtDNA"), The majority of these articles were subject to
peer review. Dr. Budowle has presented his research and findings to
the
International Symposium of Human Identification on nine separate
occasions. He explained that a symposium is a way to bring the
scientific community together so theycan exchange ideas. He also
serves on numerous journal and editorial boards both in this country
and abroad. Dr. Budowle has received numerous honors and awards
including the Forensic Scientist of the Year Award. He teaches a
course on mtDNA typing for the FBI and for Forensic Institute, which
is for national and international students. Dr. Budowle
has been qualified on numerous occasions as an expert witness in
molecular biology, genetics, population genetics, statistics and
forensic science in state, local and federal courts. He stated that he
has testified in more than half of the states in this country. Dr,
Budowle has also been qualified as an expert on mtDNA in New York,
Louisiana, Pennsylvania, Maryland and California.
As early as 1989, Dr. Budowle co-wrote a chapter of a book describing
mtDNA as a possible genetic tool. In October of 1993, he co-wrote one
of the first guidelines for the use of mtDNA sequencing in forensic
science. In 1995, he co-wrote a peer review journal
describing the procedure that was developed at the FBI for the
extraction, amplification and sequencing of mtDNA from human hair
shafts, Also, in 1995, a peer review article was co-written by him on
the validation of the aforesaid procedures for their application to
case work. An article was also co-written by Dr. Budowle, which was
published in 1997, that described a phenomenon observed in mtDNA
called heteroplasmy. Dr. Budowle also co-wrote a peer review article
for publication where a mtDNA study was done with crab
lice. He determined that this study was a valuable way of looking at
the DNA environment to determine whether its analysis produces a
reliable result. In 1999, he co-wrote a peer review journal article
describing some of the population data from a portion of the data
bases that demonstrates, by inference, the rarity of the mtDNA type
among unrelated individuals. Finally, Dr. Budowle is on the DNA
Commission of the International Society for Forensic Genetics. He was
one of 13 members of the DNA Commission who published an
editorial which contained guidelines for typing mtDNA.
***
MtDNA is much heartier than nuclear DNA. For example, old bones and
teeth that have been exposed to the environment may still have
sufficient quantity for mtDNA typing where nuclear DNA typing would
fail to give a result, There are, however, differences between the two
types of DNA. First, in nuclear DNA, you inherit half from your mother
and half from your father. In mtDNA, you inherit all of it from
your mother. Second, instead of being billions of letters long, the
mtDNA strand is 16,569 letters long. Further, mtDNA is circular rather
than linear. Dr. Budowle opined that the circular strands may actually
protect the mtDNA from being degraded.
***
the counting method is used to predict how common a particular
profile is in mtDNA. Next, the technician can go further by
calculating a confidence level based upon a statistical formula
established early in the twentieth century. The lab, in essence, would
calculate a confidence interval around the estimated frequency based
on the size of the database. This formula is based upon bell-shaped
distribution theories that have been in existence since the
mid-eighteenth century. A confidence level, based upon a statistical
analysis, creates an upper bound to the benefit of the accused, and
then provides that they have confidence that the frequency is no
higher than this amount, Dr. Budowle is not aware of any peer review article
that disagrees with this method of calculation.
MtDNA research began at the FBI in 1992 and testing commenced in 1996.
Numerous procedures and protocols were developed that were subject to
peer review. Moreover, validation studies for mtDNA have been
published and subject to peer review.
Apparently, there have been no peer review articles that disagree with
the FBI validation ...
....they (Anderson supporters) make stuff up to
support their case, without addressing the facts...
I for one am truly sick and tired of them saying
that this scientific analysis is "faulty" "unreliable"
and "inadmissable in courts" when it is WITHOUT DOUBT not the case!
In fact, one of the scientists who testified in this case, Dr. Terry
Melton, who determined by her mtdna research that AA was NOT GD
Anastasia is expressly found to be a reliable and credible witness
here, her work in the AA case is found to be STILL valid and reliable,
and this Court legally finds that her research is STILL reliable,
credible and admissable. I specifically wish to point out the
numerous times where each scientist testified UNDER OATH that they
were unaware of any scientific peer review studies which disagreed
with the accuracy and vailidity of their mtdna analyses and
methodology, as well as the numerous jurisditions which have found
this mtdna reseach admissible in evidence. This decision is from
September 2000 and has NOT been overturned:
PEOPLE v. KLINGER
713 N.Y.S.2d 823
N.Y.Co.Ct., 2000
Sept. 5, 2000
Judge Brown
PEOPLE v. MICHAEL KLINGER and RAYMOND KLINGER QDS:76703137—The
following constitutes the opinion, decision and order of the court.
***
By previous order of the Honorable Paul E. Kowtna, this court
conducted a Frye hearing on June 6, 2000 and June 13, 2000, to
determine the admissibility of mitochondrial DNA evidence at the trial
of the above-captioned Indictment.
At the hearing, the court heard testimony from two witnesses, Bruce
Budowle, Ph.D., a Senior Scientist with the Federal Bureau of
Investigation, and Terry Melton, PhD., President of Mitotyping
Technologies, LLC.
The court finds that Dr, Budowle and Dr. Melton were credible
witnesses.
The court makes the following conclusions of law:
The Court of Appeals has held that "[t]he long recognized rule of Frye
v. United States, 293 F. 1013, is that expert testimony based on
scientific principles or procedures is admissible but only after a
principle or procedure has 'gained general acceptance' in its
specified
field". In Frye (supra at 1014) the court stated:
"Just when a scientific principle or discovery crosses the line
between the
experimental and demonstrable stages is difficult to define. Somewhere
in
this twilight zone the evidential force of the principle must be
recognized,
and while courts will go a long way in admitting expert testimony
deduced
from a well-recognized scientific principle or discovery, the thing
from
which the deduction is made must be sufficiently established to have
gained general acceptance in the particular field in which it belongs"
(emphasis supplied)." (People v. Wesley, 83 NY2d 417).
"This Court has noted that the particular procedure need not be
'unanimously indorsed' by the scientific community but must be
'generally acceptable as reliable' (see People v. Middleton, 54 NY2d
42, 49). Thus the issue here concerns the acceptance by the relevant
scientific community of the reliability of DNA evidence." (People v.
Wesley, supra at 423).
"Once Frye has been satisfied, the question is 'whether the accepted
techniques were employed by the experts in this case" (People v.
Wesley, supra, citing People v. Middleton, 54 NY2d at 50). The focus
moves from the general reliability of the procedures followed to
generate the evidence proffered and whether they establish a
foundation for the reception of the evidence at trial. The trial court
determines, as a preliminary matter of law, whether an adequate
foundation for the admissibility of this particular evidence has been
established." (People v. Wesley, supra at 429).
The first witness was Dr. Bruce Budowle. Dr. Budowle has been employed
by the FBI for 17 years and has been a Senior Scientist for the past
one and a half to two years. He has a Ph.D. in genetics and a
Bachelor's Degree in biology, Dr. Budowle is a member of numerous
professional organizations including the American Academy of Forensic
Sciences and the International Society of Forensic Genetics. He has
published approximately 200-250 articles or materials relating to DNA
analysis, nine of those articles regarding mitochondrial DNA
(hereinafter "mtDNA"), The majority of these articles were subject to
peer review. Dr. Budowle has presented his research and findings to
the
International Symposium of Human Identification on nine separate
occasions. He explained that a symposium is a way to bring the
scientific community together so theycan exchange ideas. He also
serves on numerous journal and editorial boards both in this country
and abroad. Dr. Budowle has received numerous honors and awards
including the Forensic Scientist of the Year Award. He teaches a
course on mtDNA typing for the FBI and for Forensic Institute, which
is for national and international students. Dr. Budowle
has been qualified on numerous occasions as an expert witness in
molecular biology, genetics, population genetics, statistics and
forensic science in state, local and federal courts. He stated that he
has testified in more than half of the states in this country. Dr,
Budowle has also been qualified as an expert on mtDNA in New York,
Louisiana, Pennsylvania, Maryland and California.
As early as 1989, Dr. Budowle co-wrote a chapter of a book describing
mtDNA as a possible genetic tool. In October of 1993, he co-wrote one
of the first guidelines for the use of mtDNA sequencing in forensic
science. In 1995, he co-wrote a peer review journal
describing the procedure that was developed at the FBI for the
extraction, amplification and sequencing of mtDNA from human hair
shafts, Also, in 1995, a peer review article was co-written by him on
the validation of the aforesaid procedures for their application to
case work. An article was also co-written by Dr. Budowle, which was
published in 1997, that described a phenomenon observed in mtDNA
called heteroplasmy. Dr. Budowle also co-wrote a peer review article
for publication where a mtDNA study was done with crab
lice. He determined that this study was a valuable way of looking at
the DNA environment to determine whether its analysis produces a
reliable result. In 1999, he co-wrote a peer review journal article
describing some of the population data from a portion of the data
bases that demonstrates, by inference, the rarity of the mtDNA type
among unrelated individuals. Finally, Dr. Budowle is on the DNA
Commission of the International Society for Forensic Genetics. He was
one of 13 members of the DNA Commission who published an
editorial which contained guidelines for typing mtDNA.
***
MtDNA is much heartier than nuclear DNA. For example, old bones and
teeth that have been exposed to the environment may still have
sufficient quantity for mtDNA typing where nuclear DNA typing would
fail to give a result, There are, however, differences between the two
types of DNA. First, in nuclear DNA, you inherit half from your mother
and half from your father. In mtDNA, you inherit all of it from
your mother. Second, instead of being billions of letters long, the
mtDNA strand is 16,569 letters long. Further, mtDNA is circular rather
than linear. Dr. Budowle opined that the circular strands may actually
protect the mtDNA from being degraded.
***
the counting method is used to predict how common a particular
profile is in mtDNA. Next, the technician can go further by
calculating a confidence level based upon a statistical formula
established early in the twentieth century. The lab, in essence, would
calculate a confidence interval around the estimated frequency based
on the size of the database. This formula is based upon bell-shaped
distribution theories that have been in existence since the
mid-eighteenth century. A confidence level, based upon a statistical
analysis, creates an upper bound to the benefit of the accused, and
then provides that they have confidence that the frequency is no
higher than this amount, Dr. Budowle is not aware of any peer review article
that disagrees with this method of calculation.
MtDNA research began at the FBI in 1992 and testing commenced in 1996.
Numerous procedures and protocols were developed that were subject to
peer review. Moreover, validation studies for mtDNA have been
published and subject to peer review.
Apparently, there have been no peer review articles that disagree with
the FBI validation ...