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Nearly three years after the federal government began a criminal investigation of Columbia/HCA Healthcare Corp. and its executives, a federal jury in Tampa, Fla., found Columbia financial executives Jay Jarrell and Robert Whiteside guilty of defrauding government health programs. A third executive, Michael Neeb, was acquitted in the case, and the jury couldn't reach a verdict on a fourth, Carl Lynn Dick.
DNA technology has taken an irreplaceable position in the field of the forensic sciences. Since 1985, when Peter Gill and Alex Jeffreys first applied DNA technology to forensic problems, to the present, more than 50,000 cases worldwide have been solved through the use of DNA based technology. Although the development of DNA typing in forensic science has been extremely rapid, today we are witnessing a new era of DNA technology including automation and miniaturization. In forensic science, DNA analysis has become "the new form of scientific evidence" and has come under public scrutiny and the demand to show competence. More and more courts admit the DNA based evidence. We believe that in the near future this technology will be generally accepted in the legal system. There are two main applications of DNA analysis in forensic medicine: criminal investigation and paternity testing. In this article we present background information on DNA, human genetics, and the application of DNA analysis to legal problems, as well as the commonly applied respective mathematics.
The substance methadone is used for substitution therapy since the 1960s in the U.S. Mainly because of the endemic spread of HIV-1 infections among intravenous drug abusers methadone was made legally available through medical prescription in Austria in 1987. Legal authorities today also allow the patient to take home the necessary daily consumption for weekends or public holidays. The drug is distributed as a watery solution in tiny bottles, which are fitted with an ordinary screw cap. This kind of distribution may, however, have fatal consequences. This is demonstrated in the following case of accidental poisoning of an infant: A two-year-old girl whose parents were both participating in the substitution scheme was found dead in her bed in Vienna in 1997. Forensic autopsy revealed a methadone concentration in the liver tissue of 640 ng/g. The criminal investigation determined that the girl had opened a bottle of methadone solution and subsequently had taken the drug. Considering the circumstances of this accident, from the medical point of view safety devices for the screw caps of the methadone bottles should be required by law, in order to avoid future accidental poisoning.
Shallow electromagnetic (EM) and ground-penetrating radar (GPR) surveys were conducted in an area north of Auckland, New Zealand to assist the search for human remains. The body had been buried for almost 12 years in a plantation forest that was irregularly disrupted and modified by tree harvesting and the partial removal of stumps. EM identified anomalous areas of potential interest, because a target need only be nearby to generate an EM response. GPR was then used to map subsurface layering, layering disruption, and buried objects, immediately adjacent to an EM anomaly. Because of the nature of the site, numerous geophysical anomalies were present. GPR was particularly sensitive to site disturbance resulting from the forestry operations. An isolated EM anomaly on the fringes of an expanded survey area was coincident with the location of the body. Whether for criminal investigations or for archaeological work, a combination of geophysical techniques is recommended.
Identification of human blood is very important in the practice of criminal investigation. Methods that are species-specific and highly sensitive usually require special laboratory equipment. To develop a method that is specific, sensitive, and convenient for use at the crime scene, we applied a sandwich-hybridization method for human blood identification. The test kit, which uses anti-human hemoglobin (Hb) monoclonal antibody, showed high species specificity and could detect as little as 20 ng human Hb. Cross-reactivity was observed only to baboon. It was able to detect dilutions up to 5,000,000 times and to identify a 15.5-year-old human bloodstain. Because the method is rapid (2 minutes) and does not require any special equipment, it is considered useful for crime scene investigation.
Modern day criminal investigation has reached a point of sophistication requiring the involvement of many different disciplines to solve a crime. Each discipline inserts a part of the puzzle until it is complete. It is important to understand what each forensic expert has to offer. The coroner or medical examiner, asking for input from the various experts until enough information is received to determine the cause and manner of death, is usually the keystone to a death investigation. This information is then shared with the police investigators and prosecutor. This calls for the utmost cooperation and communication among those involved.
As the courts have placed greater emphasis on physical evidence during the past few decades, the initial stages of evidence examination have become increasingly important to the successful resolution of many criminal investigations. This emphasis on evidence collection and preservation is often manifested by many rigorous court challenges. This article reviews how the ability to introduce DNA test results in court is affected by methods used to recognize, document, collect, and preserve biological evidence.
A preliminary study was conducted to assess the capability of a new alcohol-based tissue fixative, GenoFix, to preserve DNA from biopsy tissues stored at room temperature and/or -20 degrees C in a freezer, for subsequent short tandem repeat (STR) DNA typing analysis. Fresh human smooth muscle samples were stored at room temperature in GenoFix for one month and up to one year and seven months before being processed using the megaplex STR systems, AmpFlSTR Profiler Plus and AmpFlSTR COfiler. Alternatively, muscle tissues in GenoFix were placed at -20 degrees C in a freezer for up to 3 1/2 years following two to three months in the fixative at room temperature. DNA analysis was also carried out on tissues stored in GenoFix for one month at room temperature and subsequently paraffin-embedded and stored at room temperature for four years. The AmpFlSTR Profiler Plus and AmpFlSTR COfiler STR profiles produced, using DNA extracted from all fixed tissue samples, were of very good quality. The fluorescent signals were well balanced across the nine STR loci or six loci comprised in the megaplexes surveyed and profiles showed no differences with those observed for the control blood of the respective donor patients. Continuous exposure to GenoFix at room temperature (up to one year and seven months) did not compromise the STR typing analysis of the fixed tissues. No adverse effects were noted on the STR typeability of tissues fixed with GenoFix and stored at -20 degrees C in a freezer for up to 3 1/2 years. STR profiles generated from the paraffin-embedded tissues fixed in GenoFix were of excellent quality. This preliminary study suggests that GenoFix can be used to store tissue samples at room temperature for up to one year and seven months or at -20 degrees C in a freezer for longer storage (up to 3 1/2 years). This new and odorless tissue fixative promotes tissue and DNA preservation in a very effective manner and as such may prove useful in criminal investigations or mass disaster identifications carried out in remote locations and in which a small or large number of tissue samples are collected for further analyses.
... While clinical practice is clearly moving toward more compassionate use of sedatives and analgesics in the care of the dying, the legal system has been lagging behind most ethical opinions in this area. The criminal investigation into the administration of morphine to a patient before ventilator withdrawal in Minnesota was a grim reminder of the hazards sometimes involved in the practice of good medicine. We know of several instances where a nurse was willing to administer sedatives and analgesics at the request of a physician, but without documentation in the medical record, for fear of possible legal repercussions. The fact that the caregivers involved are willing to risk the potentially disastrous consequences of falsifying a medical record can be taken as evidence of their commitment to doing what they perceive to be morally required. Nevertheless, this practice should clearly be condemned, since it gives the impression that caregivers are engaged in an unlawful or unethical practice. Only through continued forthright discussion in the medical literature can we arrive at ethically defensible approaches to administering sedation and analgesia that assure the most compassionate care of the dying patient.
We present a bird's-eye view of the fundamentals and applications of the DNA technology. DNA is the carrier of genetic information. Separate pieces of DNA can be isolated in two different ways: cloning or via the polymerase chain reaction. Analysis of DNA has already found several applications in medical diagnosis and criminal investigations. Modification of DNA from lower organisms in order to produce proteins is now generally accepted. Genetic modification of plants and animals is promising, but is also the subject to a public and political debate. Gene therapy is a promise of the future. Analysis as well as modification of DNA has ethical consequences and both require an effective legislation.
The case of a 63-year-old man who killed his 52-year-old wife and then staged a sexual homicide at a distant location is reported. A review of all evidence, a forensic psychological interview, and psychological testing indicated that the murder was the result of a narcissistic rage reaction during which the subject beat his wife to death with a paint can, a clothing iron, and a rock. He then drove her body to a field 87.3 miles away, and positioned it in a manner that exposed her breasts and her underwear. He turned himself into the police two days later. There is no controlled empirical research on staging, although this single case supports the criminal investigative theory that staging exists, and is done to deliberately mislead homicide investigations (Douglas et al., 1992).
Modern approaches to forensic medical expert evaluation of car injuries are discussed. Many problems remain unsolved after examination of injuries in victims inside the car, which negatively tells on the versions suggested during criminal investigation of car accidents. The experts often neglect the most sensitive methods for evaluation of these injuries and many fundamental approaches to the problem: differential diagnosis of primary and secondary injuries; basic medical and biomechanical methods and studies of the clues; fundamentals of total systems evaluation of the results of forensic medical expert evaluation.
On December 17, armed criminal investigative forces acting under the direction of Colombia's secretary and deputy secretary of health, brutally raided the main clinic of the Orientame reproductive health care federation in Bogota, Colombia. Allegedly responding to charges that the clinic was providing abortions, investigators entered the clinic without warning, brandishing automatic weapons. Once inside, they threatened and physically assaulted patients and clinic staff, destroyed office equipment, broke down doors, and ordered the clinic to close. Since its founding in 1977, Orientame has become Colombia's second largest non-governmental family planning organization. The federation, consisting of three clinics, provides a full range of obstetric, gynecological, and information services, including family planning counseling, cancer screening, treatment for sexually transmitted diseases, prenatal care, adoption placement and counseling, and treatment of incomplete abortion. Serving approximately 250,000 women in its 17 years of operation, Orientame has a sliding fee scale and often waives costs for women who are unable to pay. Were Orientame to close its doors permanently, women facing complications from unsafe abortions but unable to pay private doctors would be forced to go to public hospitals and risk arrest. Despite the country's prohibition of abortions not necessary to save a woman's life, an estimated 288,400 Colombian women underwent abortions in 1989; 57,680 were hospitalized for complications from unsafe or incomplete procedures.
Mitochondrial DNA analysis of a maggot crop can identify the corpse a maggot has been feeding on. Analysis of the crop could be useful in a criminal investigation if maggots are found at a suspected crime scene in the absence of a body, or if there is a question of whether a maggot used in postmortem interval estimations moved onto the corpse from another food source. Such analysis can also resolve a chain of custody dispute if it has been suggested that larval samples have been switched. When recovering DNA from a maggot crop, the analyst must be careful to avoid external contamination. We investigated the effects of three simple wash methods developed to reduce external contamination. Maggots raised on pig liver and intentionally contaminated with cow blood were washed using water, 20% bleach, or a solution containing the enzyme DNase. Only washing the maggots in 20% bleach reduced the amount of vertebrate DNA amplified from the maggots' exteriors. No wash method affected the ability to recover DNA from the maggot crops.
Forensic archaeologists and criminal investigators employ many different techniques for the location, recovery, and analysis of clandestine graves. Many of these techniques are based upon the premise that a grave is an anomaly and therefore differs physically, biologically, or chemically from its surroundings. The work reviewed in this communication demonstrates how and why field mycology might provide a further tool towards the investigation of scenes of crime concealed in forest ecosystems. The fruiting structures of certain fungi, the ammonia and the postputrefaction fungi, have been recorded repeatedly in association with decomposed mammalian cadavers in disparate regions of the world. The ecology and physiology of these fungi are reviewed briefly with a view to their potential as a forensic tool. This application of mycology is at an interface with forensic archaeology and forensic taphonomy and may provide a means to detect graves and has the potential to estimate postburial interval.
A state law has placed an obligation on the criminal investigation laboratories to screen and quantitate all preparations, both pharmaceutical and illicit, that fall under the provisions of "Excepted Substances." Without complete screens on these preparations, there is room for erroneous indictments as well as possible acquittals on technicalities.
Shortly before two o'clock on a chilly November afternoon in 1849, the celebrated Harvard physician and surgeon, Dr. George Parkman, left his home on Boston's fashionable Beacon Hill, expecting to return in a few hours. He was never seen alive again. This account describes Parkman's brutal murder and explores the dynamics which preceded this crime. It explains how and why Dr. John White Webster, MD, Professor of Chemistry and Mineralogy at Harvard University, killed Dr. Parkman and unsuccessfully attempted to destroy the physical evidence. Webster's subsequent trial, conviction and ultimate punishment are also detailed. The Parkman-Webster case remains one of the classic murders in the annals of American crime. Compelling dental evidence presented by the famous American dentist, Dr. Nathan Cooley Keep, directly led to the conviction of Dr. Webster. This graphic, ground-breaking case clearly established the viable role of forensic dentistry in legal criminal investigation.
Our study introduces the use of DNA fingerprinting of clonal plants in combination with phylogenetic and vegetation studies as a prospective forensic tool in criminal investigations. In this homicide case, the bryophyte species found on the suspects were identified as Brachythecium albicans, Calliergonella lindbergii, and Ceratodon purpureus. Colonies of all three species occurred at the crime site. DNA fingerprinting analyses were conducted for B. albicans and C. lindbergii, which were expected to reproduce mainly clonally, unlike C. purpureus, and included samples found on the suspects and samples collected from the crime site and other locations. It was concluded that B. albicans found on the suspects was likely to originate from the crime scene and that the sample of C. lindbergii may also have originated from the same site.