DNA matches that of accused in sex-assault trial: scientist

Samples taken from alleged teen victim and man representing himself at trial

DNA found on the underpants of a teenage sexual assault victim in 2003 matched a blood sample police obtained from Peter Charles Leno of Duncan in February 2016, court heard Thursday.

“The estimated probability of selecting an unrelated individual at random from the Canadian Caucasian population with the same DNA profile is one in 1.1 trillion,” Cindy Lee, a reporting scientist with the RCMP National Forensic Lab Services in Vancouver, testified Thursday in B.C. Supreme Court.

DNA from the 15-year-old victim, who can be identified only as B.M., was also found on the underpants, Lee said. The estimated probability of selecting an unrelated individual from the Canadian Caucasian population with the same DNA profile is one in 12 trillion, she said.

Leno, who is representing himself, appeared calmer and made fewer interruptions with lawyer Ryan Drury sitting beside him. Drury has been appointed by Justice Keith Bracken as amicus, or friend of the court, to ensure the fairness of the trial.

Drury does not act for Leno, but will conduct most of the cross-examination of the DNA experts and technicians.

His appointment does not take away Leno’s right to ask his own questions.

During cross-examination, Drury asked Lee whether the light blue underwear she examined in 2003 was damaged, ripped, torn or stretched out.

“I didn’t note any of that,” Lee said.

He asked if it struck her as unusual that no hair was found on the underpants.

Lee replied that she did not. Perhaps there was no shedding of hair, she said. Hair is also easily lost.

Drury asked if she thought maybe the underpants had been washed when she didn’t find any hair.

Lee said she didn’t think the underwear had been washed because it was stained.

“Depending on how well it is washed, I might not be able to observe any staining,” Lee said. “If it was washed very well, there might be some stain left but, of course, it depends on how concentrated that stain was when it was initially deposited. There are some articles on semen that said that sperm cells could resist washing and exist between the weaves of fabric.”

Drury asked Lee if she was surprised that some of the forensic exhibits in this case were destroyed in 2004 by the RCMP.

“Yes, I would be surprised by that,” Lee said.

“In general, we want to retain any evidentiary material until the case goes to court.”

As technology advances, samples that are insufficient today to generate a DNA profile might be analyzed with more sensitive equipment in the future, she said.

“So advances in technology may provide additional information in the future,” Drury said. “It’s kind of the purpose for hanging onto exhibits.”

Lee also testified that police had supplied a background document with information about the case.

It helps to have a synopsis, she said. “Details are helpful in terms of my examination.”

The case continues today.