The Denver Post

Police, DA plan new DNA testing in JonBenet case

Officials may use new technology on old evidence.

- By Charlie Brennan and Kevin Vaughan

boulder» Police and prosecutor­s are planning a new round of DNA tests on key evidence in the unsolved 1996 murder of 6year-old JonBenet Ramsey.

An investigat­ion by the Daily Camera and 9News found serious flaws in the interpreta­tion of previous DNA testing on the panties and long johns the girl was wearing when she was killed late on Christmas 1996 or early the next morning.

Boulder County District Attorney Stan Garnett and Boulder Police Chief Greg Testa confirmed Tuesday that they and members of their staffs recently discussed the issue with Colorado Bureau of Investigat­ion administra­tors, who are on the verge of unveiling new, more sophistica­ted DNA tests than their lab has ever used before.

The meeting took place shortly before Thanksgivi­ng, Testa said.

“We did meet with CBI and the district attorney’s office, and we had a general discussion about evidence in the Ramsey case, including new technology and DNA testing,” Testa said. “And we are going to take a look at the new technology and see how they may help us further this investigat­ion.”

“We should be doing all reasonable testing that we can do, and we will be,” Garnett said.

The testing would be conducted with new, more sensitive “kits” required of crime labs by the FBI’s Combined DNA Index System, the database that includes genetic profiles from more than 15.1 million known offenders and arrestees and more than 738,000 unsolved cases.

The investigat­ion found that DNA evidence in the case doesn’t support the controvers­ial decision by former District Attorney Mary Lacy to clear the girl’s family members from all suspicion in her death.

The two news organizati­ons obtained exclusive access to the test results, laboratory notes, reports and correspond­ence relating to testing conducted in 2008, at Lacy’s request, by a forensic laboratory in Virginia then known as Bode Technology.

Multiple forensic experts who examined that evidence on behalf of the Camera and 9News disputed all of Lacy’s conclusion­s with regard to the DNA.

For example, they determined that male DNA located in JonBenet’s panties and in two spots on her long johns contained genetic material from at least two people in addition to the 6year-old. As a result, they suggested that the “profile” entered into the FBI’s CODIS database in 2003 — dubbed Unknown Male 1 by investigat­ors in the case — may not be the profile of an individual at all, but a conglomera­tion of genetic material from multiple people.

At the same time, the experts disputed Lacy’s conclusion­s that the genetic material in the long johns “matched” the DNA in the panties, that there was no innocent explanatio­n for its presence on the girl’s clothing, and that it therefore had to belong to the killer.

And the Camera and 9News found that Lacy was told of the results’ ambiguitie­s before she issued her controvers­ial letter on July 9, 2008, clearing JonBenet’s parents, John and Patsy, and brother Burke of any suspicion in her murder.

Experts who reviewed the DNA evidence and e-mails between Lacy’s office and Bode Technology were concerned that Lacy’s approach showed signs of a phenomenon known as confirmati­on bias — an investigat­ion tainted by a desire to reach a hoped-for result.

Lacy establishe­d herself as a strong supporter of the theory that an intruder killed JonBenet, dating to her time as a chief deputy in the district attorney’s office immediatel­y after the murder.

As one example, thenDA’s investigat­or Andy Horita wrote to the lab on March 12, 2008, that his bosses were “very excited” and “pleased” about the results that were being reported, and that “we’re happy with what has been done and don’t see the need for additional testing” unless strongly recommende­d by the lab.

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