Science is complicated, increasingly relying on sophisticated statistical methods to find patterns in messy data. When not done carefully...
Over the summer, the Texas Forensic Science Commission, which sets standards for physical evidence in state courts, came to an unsettling conclusion: There was something wrong with how state labs were analyzing DNA evidence.
It seemed the labs were using an outdated protocol for calculating the probability of DNA matches in "mixtures"; that is, crime scene samples that contain genetic material from several people. It may have affected thousands of cases going back to 1999.
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Under the old protocol, says defense lawyer Roberto Torres, DNA from the crime scene was matched to his client with a certainty of more than a million to one. That is, you'd have to go through more than a million people to find somebody else who'd match the sample. But when the lab did the analysis again with the new protocol, things looked very different.
"When they retested it, the likelihood that it could be someone else was, I think, one in 30-something, one in 40. So it was a significant probability that it could be someone else," Torres says.