The tool has been used in high-profile unsolved cases, but it has major implications for wrongful convictions
Frances Murphy, Lillian Oetting, and Mildred Linquist were slain while vacationing in Starved Rock State Park in LaSalle County, Illinois, in March 1960 (Photographs: Courtesy of Andy Hale)
By Andy Hale*
OPINION | Copyright © 2023—All Rights Reserved
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Posted 17 July 2023
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Blood found on a knife sheath in Idaho helped law enforcement agents arrest a suspect in connection with the brutal murders of four University of Idaho students. The recent headline-grabbing story is only one of several high-profile cases that have utilized genetic genealogy and public databases to connect crime-scene DNA to suspects’ relatives.
This technology, which has recently aided in hundreds of unsolved cases, has the potential to significantly impact the nature of criminal investigations, and has major implications for wrongful convictions. While DNA testing has played an important part in criminal investigations for many decades, the ability to search public databases for genetic matches offers new possibilities for old cases. As a trial attorney representing clients attempting to prove their innocence and overturn wrongful convictions, I believe we must ensure this tool is utilized as effectively and frequently as possible.
DNA Testing in Criminal Cases
In 1961, when my client Chester Weger was convicted of the murders at Starved Rock, there was no ability to collect crime scene DNA and match it with potential suspects. In the decades since, criminal investigators have used DNA to identify potential suspects and link suspects to crimes by proving they were present at the scene. The first known case to do so took place in 1986 in the United Kingdom, and served to disprove a suspect’s confession. In the years after, criminal justice agencies began collecting DNA from convicted criminals, allowing them to build private criminal databases, which have been useful for matching DNA collected at crime scenes. In the United States, the Combined DNA Index System known as “CODIS” is a national database of DNA profiles collected from convicted offenders, unsolved crime scene evidence, and missing persons. CODIS is maintained by the FBI but did not become operational until 1998.
CODIS, and the subsequent creation of State DNA databases, has allowed us to test and match DNA and to consider new evidence in cases, such as Weger’s. In 2004, crime scene evidence was sought to be tested for the Starved Rock murders, but the evidence was determined to be too corrupted to test at that time. In the years since, technology has advanced, allowing us to conduct DNA testing on evidence that previously may have been considered too old or too degraded to lead to a DNA profile. We were recently able to submit a hair found on one of the Starved Rock Murder victims for DNA testing and were able to develop an STR DNA profile that was determined to be a male and not Chester Weger. This is strong evidence of Chester’s innocence.
This DNA profile was submitted to the State of Illinois’ DNA database but was not found to match any of the DNA profiles contained in the database. This was not a surprise, and reveals one of the limitations of this more standard form of DNA testing and matching. Because law enforcement agencies only started collecting DNA from convicted criminals in the last several decades it is impossible to match crime scene DNA with people who were convicted of crimes prior. Since the Starved Rock murders took place in 1960, the murderer would have had to commit another crime after the state of Illinois began collecting criminal DNA in 2002 in order to have a DNA profile in the state’s database. In order to bring the true Starved Rock killer(s) to justice, we need a larger pool of DNA to consider.
The rise of genetic genealogy
Many of us have the core memory of drawing a family tree as a child. It was an assignment that required talking to our parents, looking through old photos, and relying on our families’ memories. Today, this exercise has taken on new life as companies utilizing advanced technology can now gather DNA by saliva tests, create a profile for each customer, and match it to others in their database who share DNA. “The more DNA shared, the closer the relative,” explains Colleen A. Stutz, an accredited genealogist and family history coach. This advanced technology, which allows people to more rigorously and accurately trace their family’s ethnicity and lineage, has exploded in popularity over the last few years as it has become more affordable and accessible.
Public genealogy databases have also emerged as a powerful tool in criminal cases. Investigators can now run crime scene DNA through these databases, often finding matches with family members of suspects who have voluntarily submitted their DNA to sites like Ancestry.com or FamilySearch.com. In the case of the four University of Idaho students who were murdered, detectives ran crime scene DNA through a public genealogy database. Rather than having to rely on smaller criminal DNA databases, as we did in the case of the Starved Rock murders, the Idaho investigators were able to cast a wider net, and find a match with relatives of one of their suspects.
The same techniques were used in the “Golden State Killer” case, which became the first public arrest obtained through genetic genealogy in 2018. Investigators first narrowed down the killer’s family tree search based on age, location and other characteristics. Once authorities zeroed in on their suspect, they surveyed and collected his DNA from a tissue left in his trash, confirming the connection. Stutz says this case was a turning point for genetic genealogy in criminal cases. “It has provided more answers than ever in the world of criminal justice, and I believe the technology will continue to improve,” she says.
What are the limitations of genetic genealogy?
While genetic genealogy has proved to be a game-changer for both personal use and criminal cases, the technology still has limitations. Because searching public databases is still a new approach, it can be time consuming and expensive. Law enforcement officials typically need to hire outside consultants to develop a DNA profile and then comb through the large sets of data, and the decision to do so is often made on a case-by-case basis, at a high level. This results in some cases being bypassed for this opportunity, when all cases deserve an equal chance at being thoroughly investigated — especially those in which someone may have been wrongfully convicted.
Furthermore, while the DNA available in public genealogy databases is more comprehensive than most criminal DNA databases, the scope can still be limited. Some demographics are more likely to voluntarily contribute DNA to public databases compared to others, and privacy concerns about the use of DNA in criminal cases have resulted in fewer people contributing over time. “There was a huge set-back a few years ago due to privacy rules being adjusted, causing difficulty finding enough DNA matches for answers,” says Stutz. “Many people remain wary about getting tested.”
Right now, younger, white people comprise the largest pool of contributors to public genealogy databases. An analysis conducted by The Atlantic found that of publicly available genetic genealogy cases from April 2018 to April 2020 that involved murder, a disproportionate number of both victims and suspects were white. These limitations will impact our ability to thoroughly investigate cases involving people who do not fit these demographic groups, which is especially concerning given that wrongful convictions disproportionately impact Black men.
Still, this technology has potential and as it evolves our ability to overcome its limitations will hopefully improve. In the wake of high profile cases like the one in Idaho, genetic genealogy websites are doing more to reassure users and provide them with options for engaging with law enforcement. Already, GEDmatch, the site that was used to find the Golden State Killer, has given users the ability to opt-in or out of public searches. Users who choose to opt-out will not be at risk of having their DNA compared with data uploaded for law enforcement purposes. These options will go a long way toward ensuring that users’ privacy is protected, and may even help to encourage compliance in the long run by fostering trust through transparency.
Genetic genealogy is crucial both to closing unsolved high-profile cases and helping overturn long overdue wrongful convictions. In the Starved Rock murders case, we will be submitting the hair found on one of the victims for DNA processing and, hopefully, a genetic genealogy comparison. This new and exciting forensic technique may help free an innocent man who spent over six decades behind bars, and many more someday. With more public DNA databases than ever before, the proper use of genetic genealogy has the potential to positively change the future of forensics and the lives of many falsely convicted people.
*Andy Hale, a civil rights attorney specializing in investigating wrongful convictions, is an Emmy-nominated documentary film producer.