Bethany Lee
Mr. Ippolito
Forensics//EF Odd
October 3, 2021
Lucchesi, Emilie Le Beau. “How Indirect DNA Transfer Is Challenging Forensics and
Overturning Wrongful Convictions.” Discover Magazine, Discover Magazine, 15 Sept. 2021, https://www.discovermagazine.com/the-sciences/how-indirect-dna-transfer-is-challenging-forensics-and-overturning-wrongful.
Emilie Le Beau Lucchesi’s September 15, 2021 article titled” How Indirect DNA Transfer Is Challenging Forensics and Overturning Wrongful Convictions” discusses recent findings that are very important to ensure that justice is brought to a crime’s victim(s) and perpetrator(s). The article outlines indirect/secondary DNA transfer, which occurs when an individual’s DNA spreads to objects and places via other human carriers. Depending on the material where it settles, it can be indirectly transferred as many as six times, according to Cynthia Cal, an independent forensic consultant who specializes in secondary DNA transfer. The author goes on to discuss the 2012 wrongful arrest of Lukis Anderson, a 25-year-old homeless man in San Jose, California who was accused of murdering a wealthy investor who lived more than 10 miles away. At the center of this case was the revelation that DNA evidence and secondary transfer had misled the police and prosecutors at the time of Anderson’s arrest.
The case involved three intruders who broke into the investor’s home and then bound him and his wife. As a result, the investor died from asphyxiation while gagged. Police found two perpetrators’ DNA at the crime scene and then Anderson’s DNA on the victim’s fingernail. Santa Clara County public defender Kelley Kulick was assigned to the case. Her office’s investigator found that Anderson had been detoxing in the hospital the entire time the crime was committed; he was held in the hospital on 15-minute bed checks all night, so there was no way he could committed the homicide. Through further investigation, her team traced Anderson through the night of the crime: he had been publicly intoxicated and a store owner called the paramedics. It was discovered that the same ambulance that brought Anderson to the hospital picked up the homicide victim just hours later, the same paramedics who treated Anderson later responded to the homicide victim, and their equipment, including the finger pulsometer, was used in both cases. Consequently, Anderson was cleared of the crime, and three men were later convicted in the investor’s murder. This made it clear to the world that yes, indeed secondary DNA transfer is possible. Prior to this case, there was much speculation over whether DNA could actually attach to an object from a secondary, not a primary transfer. The case against Anderson was unique because the shared ambulance provided a timeline and Kulick was able to convince prosecutors to drop charges against her client. Nevertheless, because there is no precise timeline yet determined, it is likely that prosecutors will not be persuaded, and defense attorneys will have to try to educate and convince a jury for the foreseeable future.
Overall, Emilie Le Beau Lucchesi did a great job of outlining what the discovery that secondary DNA transfer does occur will have on generations to come. As a burgeoning idea that is coming into the radar of more and more police and forensic scientists, any wrongful convictions will soon be overturned. As Americans, it is of utmost importance that each and every individual be granted due process under the law and that people are convicted on the basis of substantiated, corroborating evidence. As we move forward, we strive as a nation to seek justice wherever there is a lack of it. Some weaknesses of Le Beau Lucchesi’s article are that she did not provide enough detail about any other factors that may have led to the conviction of Lukis Anderson. It would also have been interesting to learn how those two men who were later convicted in the investor’s were found and prosecuted years after the fact.