Information on DNA and Wellness and their connection
You owe it to yourself to become an active participant in your health and well-being!
-
Age-specific evaluation of HPV DNA testing vs. cytology screening
Posted on November 9th, 2009 No commentsNews brief: Age-specific evaluation of HPV DNA testing vs. cytology screeningContact: Steve Graff
jncimedia@oxfordjournals.org
301-841-1285
Journal of the National Cancer InstituteNews brief: Age-specific evaluation of HPV DNA testing vs. cytology screening
Human papillomavirus (HPV) DNA testing with cytology triage is more sensitive than conventional cytology screening for detecting cervical lesions, according to a new study published online November 9 in the Journal of the National Cancer Institute. Cytology triage in HPV-positive women can improve specificity.
HPV DNA testing has shown higher sensitivity than conventional cytology screening for detecting cervical lesions, but it is uncertain whether the higher sensitivity is dependent on the age of the woman being screened.
Maarit Leinonen, M.D., of the Mass Screening Registry, Finnish Cancer Registry in Helsinki, and colleagues compared the age-specific performance of primary HPV DNA screening with that of conventional cytology screening. Finnish women aged 25-65 years were sent randomized invitations for HPV DNA testing with cytology triage or conventional screening.
Overall, primary HPV DNA screening with cytology triage was more sensitive than conventional screening for detecting cervical lesions. Among women younger than 35 years, those who got HPV DNA screening were referred for colposcopy more often than those who got conventional screening. Among women aged 35 years or older, HPV DNA testing with cytology triage was more sensitive and more specific than conventional screening, had a higher precision rate, and was associated with fewer colposcopy referrals and follow-up tests.
“In countries like Finland that have a well-organized cervical screening program and low incidence of cervical cancer, new interventions are expected to provide only small increases in a screening program’s efficacy,” the authors write. “Nevertheless, our results support the use of HPV DNA testing with cytology triage in primary cervical screening.”
In an accompanying editorial, Eduardo L. Franco, MPH, DrPH, said that “this finding underscores the importance of cytology as a triage test in preserving the specificity of the HPV DNA screening approach.”
He also suggests that use of an automated and objective molecular test, such as the HPV DNA assay, as an initial screening step increases the prevalence of abnormal smears destined for cytology reading, thus avoiding the monotony of reading smears in primary screening. In the post-vaccination era, when the prevalence of cervical abnormalities is expected to decrease, this enrichment step may preserve the positive predictive value of the HPV-followed-by Pap approach.
###
Contacts:
Article: Maarit Leinonen, maarit.leinonen@cancer.fi
Editorial: Eduardo Franco, eduardo.franco@mcgill.caDNAWellnessinfo.com Resource: http://www.eurekalert.org/pub_releases/2009-11/jotn-nba110509.php
-
Gauging the Risks From a Smoker’s DNA and History
Posted on November 6th, 2009 No commentsPublished: November 6, 2009 – nytimes.comTo take Synergenz’s Respiragene test, consumers swab the inside of a cheek to get DNA and send the sample to a laboratory in Kentucky. The Synergenz Web site says a physician is required to sign a form requesting the test. The Respiragene test looks at 20 spots in a person’s genome where DNA varies among people. It uses that data, as well as nongenetic information like the person’s smoking history, to compute a risk score.
About 50 percent of smokers will end up in the group that is deemed to have the average risk of lung cancer for smokers, said Dr. Robert Young, Synergenz’s chief scientific officer.
Thirty percent will be in the high-risk group, with about four times the average risk for smokers. And 20 percent would be in the very-high-risk group — those with about 10 times the risk of an average smoker.
The average smoker has a lifetime risk of lung cancer of about 10 percent, which is about 20 times as high as that of a nonsmoker. This would imply that smokers found to be at highest risk from the genetic test would have a near certainty of getting cancer.
To develop the test, Dr. Young and colleagues looked at DNA samples from 239 smokers with lung cancer and 200 without to find genetic variations — known as single nucleotide polymorphisms — that correlated with having the disease. They further narrowed the list of variations by looking at DNA samples from an additional 491 smokers. The results were published in the journal PLoS One in April.
To validate the test, researchers followed a group of people with chronic obstructive pulmonary disease for four years. Those who developed lung cancer were more likely to have been given high risk scores by the test.
But some outside experts say the test’s accuracy has not been demonstrated adequately. ANDREW POLLACK
DNAWellnessinfo.com Resource: http://www.nytimes.com/2009/11/07/business/07lungside.html?_r=1
-
Got $4,400? Buy a Used Car, or Map Your DNA
Posted on November 5th, 2009 No comments11/5/09 FOX News
WASHINGTON — DNA sequencing can shows illnesses you’re predisposed to contract or let doctors tailor medicines just for you. Someday it will be a cheap, routine part of medical care. That day just got closer.
The price of DNA sequencing has been steadily falling since the Human Genome Project
finished deciphering a complete human genome for $2.7 billion in 2003. Complete Genomics, a biotech company in Mountain View, Calif., has now delivered on a promise it made in Feb. 2009 to read an individual human genome for less than the cost of a used car — around $4,400.“We’ve ended up with a cost of sequencing that’s ten times less than anyone else’s,” said Clifford Reid, president of Mountain View’s Complete Genomics.
Reid credits two techniques — described in the latest issue of the journal Science — for the cost savings: the ability to pack DNA tightly together to use lower amounts of expensive chemicals and a new way of quickly reading the A’s, G’s, C’s and T’s that spell out our genetic code.
Like existing technologies, the new technique is not perfectly accurate. It makes about 30,000 mistakes as it reads through the 3 billion letters in the human genome. This error rate, not quite good enough for clinical applications in individual patients, is sufficient for scientists looking for genetic differences among large groups of people that might shed light on diseases such as cancer.
Between March and Sept., Complete Genomics sequenced the genomes of 14 people. The Institute for Systems Biology in Seattle, Wash., has hired the company to sequence 100 human genomes for a study of Huntington’s disease.
Inside Science News Service, which is supported by the American Institute of Physics, a not-for-profit publisher of scientific journals, contributed to this report.
DNAWellnessinfo.com Resource: http://www.foxnews.com/story/0,2933,572285,00.html
-
Skating toward the ‘sports gene’
Posted on October 31st, 2009 1 commentSan Francisco Business Times – by Eric Young and Ron Leuty 10/31/09
Jim Kovach has spent years seeking the secrets of aging as president of Marin County’s Buck Institute for Age Research.
Now he’s helped start a new Oakland company with a different quest: Finding the sports gene.
Kovach, a pro football linebacker before he was a scientist, has teamed up with a leading Duke University genetic researcher and two other NFL veterans, including venture capitalist Alex Bernstein, to found Athleticode. The Oakland startup’s aim: Study athletes’ DNA so players can improve performance and avoid injury.
Athleticode will scan the genetic code in a sample of a player’s spit to test for myriad characteristics. They hope to indicate whether an athlete has a high propensity for concussions, heat stroke, heart arrhythmia, torn tendons or other injury. It also plans to identify whether the player has genes associated with advanced agility, endurance, nutrient absorption or flexibility.
DNAWellnessinfo.com Resource: http://sanfrancisco.bizjournals.com/sanfrancisco/stories/2009/11/02/story3.html?b=1257138000%255E2353231
-
New DNA Authentication Technology
Posted on October 14th, 2009 No commentsNucleix Presents DNA Authentication Technology at 20th International Symposium on Human Identification
Company Unveils New Elements of its Technology for Preventing Biological Identity Theft
LAS VEGAS, Oct. 14 — Nucleix, Ltd., an emerging life science company specializing in forensic DNA analysis, announced that company researchers today presented its DNA authentication technology, a novel assay to distinguish between in-vivo (real) and in-vitro (fake) DNA, at the 20th International Symposium on Human Identification in Las Vegas, Nevada.
Earlier this year, Nucleix scientific co-founders Adam Wasserstrom, Ph.D., and Dan Frumkin, Ph.D., demonstrated that DNA evidence found at crime scenes can easily be falsified using basic equipment, know-how and access to DNA or a DNA database (1). Recognizing the need to safeguard the accuracy and credibility of DNA evidence in the field of forensics, the scientists developed a novel “DNA authentication” assay for combating this form of biological identity theft. Their study was published in the forensic industry’s leading peer-reviewed scientific journal, “Forensic Science International: Genetics.”
The Nucleix authentication assay is based on the fact that real DNA differs from fake DNA in biochemical properties, such as the methylation pattern. Specifically, in vivo-generated DNA contains genomic loci that are completely and consistently methylated and other loci that are unmethylated, differing from in vitro-synthesized DNA, which is completely unmethylated. Nucleix’s novel proprietary assay can identify and differentiate between real and all potential types of fake DNA through methylation analysis of a set of genomic loci. In this symposium, Dr. Frumkin presented further developments of the company’s DNA authentication technology. The Nucleix assay is comprised of a biochemical procedure followed by automatic signal analysis by a software application specifically designed for DNA authentication.
Details unveiled by Nucleix today demonstrate the ability to seamlessly integrate the company’s DNA authentication technology with the current standard DNA profiling procedure, thus maintaining the integrity of DNA evidence without a significant increase in expensive resources such as labor and materials. The company’s DNA authentication assay requires a minimal amount of DNA, makes use of equipment that is present in every forensic laboratory, and can be performed with profiling, thereby maintaining the current timeframe for sample analysis. In addition, profiling and authentication data can be combined into a single file, which is then analyzed by Nucleix’s software, further reducing the complexity of integrating DNA profiling and authentication.
“We are pleased to have the opportunity to present our breakthrough DNA authentication technology to peers in the forensics field,” said Drs. Wasserstrom and Frumkin. “Our goal is to provide an innovative Nucleix solution for ensuring DNA authentication that would enable rapid integration into current forensic analysis technology and workflow. This integration is necessary in order to maintain the high credibility of DNA evidence in the judiciary system.”
About Nucleix
Nucleix, an emerging life science company specializing in forensic DNA analysis, has developed a “DNA authentication” assay for forensic casework samples with potential applications across multiple DNA analysis and validation fields. DNA fingerprinting has been established as one of the most important forensic tools in criminal investigations. Nucleix scientists have demonstrated the viability of creating artificial DNA and “biological identify theft.”(1) Using basic equipment and know-how, DNA with any desired profile can be fabricated in the lab, and this artificial DNA can then be planted in crime scenes as fake evidence. Until recently, there has been no way to distinguish between genetic profiles obtained from falsified DNA samples, which can appear identical to real biological profiles based on current analytical protocols and technologies. Nucleix’s proprietary assays can distinguish between “fake” (in-vitro synthesized) DNA, and “real” (in-vivo generated) DNA. The company is committed to developing state-of-the-art “DNA authentication” assays that can be integrated into the standard forensic procedure, in order to maintain the high credibility of DNA evidence in the courtroom and other uses. For additional information on Nucleix, please visit the company’s website at http://www.nucleix.com.
(1) D. Frumkin, et al., Authentication of forensic DNA samples, Forensic Sci. Int. Genet. (2009), doi:10.1016/j.fsigen.2009.06.009
SOURCE Nucleix, Ltd.
DNAWellnessinfo.com Resource: http://www.medindia.com/health-press-release/Nucleix-Presents-DNA-Authentication-Technology-at-20th-International-Symposium-on-Human-Identification-48506-1.htm
-
DNA Precision Launched
Posted on October 14th, 2009 1 commentWed Oct 14, 2009 3:54pm EDT reuters.com
GAINESVILLE, Fla.–(Business Wire)– DNA Precision has begun offering services for genetic research and healthcare research. These include gene discovery, Agilent microarray processing and bioinformatics. DNA Precision is a division of EcoArray, Inc., a 7-year old environmental genomics firm in Gainesville, FL.
John Rogers, EcoArray`s President, said, “We started DNA Precision to provide the gene discovery and analysis services we have developed for our work in environmental testing to a broader base of customers in health care and personalized medicine research, as well as government and academic research.” DNA Precision offers complete gene discovery and analysis services, from library development to bioinformatics under both GLP (Good Laboratory Practices) and non-GLP standards.
DNA Precisions` services are directed at the new field of genetic research, which has led to better understanding of chronic diseases such as cancer and is opening the way to the exciting field of personalized medicine.
Barbara Carter, EcoArray`s Research Director, said, “We developed our processes with a focus on environmental testing. Since little work had been done in genomics in this area, we built the processes for our environmental business from the ground up. It now seems like a good idea to offer these services – gene libraries, contract sequencing, microarray development, microarray processing, PCR primer design and bioinformatics – to the broader research and healthcare research community.”
For details, see the DNA Precision website, www.dnaprecision.com. DNA Precision`s parent, EcoArray, has done gene discovery and related work in over two dozen species for researchers in the U.S., Canada and Europe. Working primarily in environmental toxicology, EcoArray has developed gene microarrays for the fathead minnow (a primary model species for fresh water in the U.S.), large- and small-mouth bass, Daphnia magna and the sheepshead minnow (in development).
For further information, contact DNA Precision at (352) 505-6896 or info@dnaprecision.com. DNA Precision, Gainesville John Rogers, 352-505-6896 info@dnaprecision.com Copyright Business Wire 2009
DNAWellnessinfo.com Resource: http://www.reuters.com/article/pressRelease/idUS185715+14-Oct-2009+BW20091014
-
23andMe Tests NFL Players’ DNA for Athletic Genetic Factors
Posted on October 13th, 2009 No commentsreuters.com - 10/13/09 Personal Genetics Company's Research Reported in ESPN The Magazine's "Cheating is so 1999" - on Newsstands MOUNTAIN VIEW, Calif., Oct. 13 /PRNewswire/ -- 23andMe, Inc., an industry leader in personal genetics, conducted the genetic analysis of both former and current NFL players, as well as scientific controls, to investigate how genes impact athletic performance. Over 100 players were recruited for the study, the largest genetic examination ever conducted on professional American athletes. It was performed as a result of discussions with senior writer Shaun Assael of ESPN The Magazine and the Buck Institute and its president Jim Kovach, a former Saints linebacker. The Buck Institute is recognized as the country's leading independent research institute devoted to age research and chronic disease. Results were reported by Assael in the latest issue of ESPN The Magazine, on newsstands now. Researchers at the Duke University Institute for Genome Sciences & Policy, the Stanford University School of Medicine and 23andMe teamed up with the Buck Institute to do the study. In a "GWAS" (Genome Wide Association Study) comparing NFL "pros" to "Joes," 23andMe initially looked for variants associated with athletic prowess using the players' raw genetic data obtained from 23andMe testing. The study did not find the tested players to be genetic outliers, suggesting that genetics may not be a good predictor of athletic success. The researchers then investigated a specific list of genes in the players associated with athletic ability and longevity, including grip power, oxygen-carrying capacity and injury risk. For example, mutations in the gene COL1A1 (which is responsible for the manufacture of collagen, the protein that keeps ligaments strong) have been associated with a reduced risk of ACL tears in limited previous research. Knowledge about an individual's COL1A1 type could in the future allow athletes to better understand their risk of knee injury. The genetic traits examined in the sample of NFL players are not part of 23andMe's direct-to-consumer service, but speak to the breadth of the genetic research the company is undertaking. "This was a unique opportunity to take on an innovative research idea using our platform and working collaboratively with two outstanding academic institutions, Duke and Stanford" said Anne Wojcicki, President and Co-Founder. "NFL players in addition to all our customers contribute to our research platform and help us make discoveries," Wojcicki continued. "This study, our Parkinson's Disease initiative, launched with the Michael J. Fox Foundation and the Parkinson's Institute, and our Senior Games Genome Project, coordinated with the National Center for Senior Health and Fitness, are the first of what we hope will be many divergent and exciting research projects at 23andMe. We look forward to announcing more results soon." About 23andMe 23andMe, Inc. is a leading personal genetics company dedicated to helping individuals understand their own genetic information through DNA analysis technologies and web-based interactive tools. The company's Personal Genome Service(TM) enables individuals to gain deeper insights into their ancestry and inherited traits. 23andMe, Inc., was founded in 2006, and the company is advised by a group of renowned experts in the fields of human genetics, bioinformatics and computer science. Its Series A investors include Genentech, Inc., Google Inc. and New Enterprise Associates. More information is available at www.23andme.com. SOURCE 23andMe, Inc. Rubenstein Communications: Rachel Nagler, +1-212-843-8017, rnagler@rubenstein.com, or Jane E. Rubinstein, +1-212-843-8287, jrubinstein@rubenstein.com DNAWellnessinfo.com Resource: http://www.reuters.com/article/pressRelease/idUS137884+13-Oct-2009+PRN20091013 If you are interested is hearing from current and former NFL players using DNA Guided Nutrition - click here.
-
Company Makes iPhone Wallpaper From Your DNA
Posted on October 13th, 2009 No commentsby Matthew Zuras (RSS feed) — Oct 13th 2009 at 4:19PM – switched.com
Chromosomal artwork has steadily become more common over the past few years, and French company Helys is now offering customized DNA wallpaper for the iPhone. For a whopping $147, you’ll receive a DNA sample kit in the mail, take a swab to your gums, and send the specimens back to the lab. Within three to five weeks, an email will arrive containing your 320-by-480-pixel DNA portrait at the low-res of 160 dpi, much to the jealous cooing of your fellow nerds.
As the geekiest of vanity items, will DNA portraits soon supplant the shopping mall glamor shot? There’s something peculiar and slightly egocentric about wanting to display your genetic material for all to see. But then again, most DNA pretty much looks the same to those of us who are not biologists, and some glamor shots are more open to ridicule than others.
Privacy is an obvious issue for would-be buyers. So, if you’re a serial murderer on the lam, or just a hyper-paranoid, the-truth-is-out-there alien hunter, you’ll be glad to know that Helys takes the security of your genetic code very seriously: “At the end of the process, your DNA is definitively destroyed by heating it at high pressure to 248° F.” Yikes. [From: CNET, via Textually.org]DNAWellnessinfo.com Resource: http://www.switched.com/2009/10/13/company-makes-iphone-wallpaper-from-your-dna/ -
The U.S. Market for DNA-Based Infectious Disease Tests Is Today a $1.1 Billion Industry
Posted on October 12th, 2009 No commentsDUBLIN–(Business Wire)– Research and Markets (http://www.researchandmarkets.com/research/8325d9/us_dnabased_diagn) has announced the addition of the “US DNA-Based Diagnostic Test and Equipment Market Analysis & Directions” report to their offering.
DNA-based diagnostics are established in laboratory medicine with many of the top tests run for infectious disease. The U.S. market for DNA-based infectious disease tests is today a $1.1 billion industry. Nucleic acid testing (NAT) is used to screen blood supplies; DNA-based tests are rapidly emerging as an oncology standard as well; and newer tests are more slowly developing as a way to treat other non-infectious diseases such as chronic diseases and diseases of aging. However, they still operate largely outside of core medical practice today – which is the doctor’s office and hospital lab. Evidence that DNA-based testing can appreciably improve the quality of healthcare is still murky, but policymakers and scientific researchers believe that DNA-based diagnostics (also called genomics-based molecular diagnostics) will change the way medicine is practiced in the coming decades. This USA report examines the key players and issues in commercializing DNA-based diagnostics in the United States. It covers the market for testing products for infectious diseases, human cancers and pharmacogenomics, and the instrumentation needed to perform the tests. It analyzes U.S. market structure and size by major product segments. It covers distribution structure; development trends and technology advances; regulations and policies for genetic privacy, insurance coverage and DNA counseling; and a future market outlook through 2012 – including market drivers and obstacles. The report contains profiles of 15 companies including U.S.-based public and private companies: Abbott Molecular Diagnostics, Celera, Genomic Health, Myriad Genetics, Gen-Probe and Life Technologies (formerly Applied Biosystems). For key players such as Siemens Healthcare, BioMérieux and Qiagen, whose core business operates in non-U.S. regions, we cover their U.S.-oriented activities and product portfolios. Others covered: Novartis V&D, Becton Dickinson, Interleukin Genetics, Hologic/Third Wave Technologies, and Decode. Most of the market-leading companies cater to the traditional medical channel and regulatory path, although companies having great success with largely unregulated laboratory-developed tests also factor into this report. Newer companies selling personal genomic scans directly to consumers are growing in number but are not the primary focus here, although they are covered briefly in the section C ( 27 companies).
Key Topics Covered:
* Section A: Market Condition * Market Overview * Market Trends, 2008-2010 * Market Share by Product Segment of Surveyed Companies * Distribution Structure * New Product Development Trends * Technology Character in DNA Diagnostic Product Development * Future of Market * Issues and Strategy for the DNA-Based Diagnostic and Test Business
* Section B: Company Case Studies (15 Companies)
* Section C: Additional Companies in DNA-based Diagnostics, by Market Segment Companies Mentioned: * Abbott Molecular Diagnostics * Becton Dickinson (BD) Diagnostics * BioMérieux USA/BioTheranostics * Celera Corp. * Decode Genetics * Qiagen North America/Digene * Genomic Health * Gen-Probe * Interleukin Genetics
For more information visit http://www.researchandmarkets.com/research/8325d9/us_dnabased_diagn Research and Markets Laura Wood, Senior Manager, press@researchandmarkets.com U.S. Fax: 646-607-1907 Fax (outside U.S.): +353-1-481-1716 Copyright Business Wire 2009
DNAWellnessinfo.com Resource: http://www.reuters.com/article/pressRelease/idUS108170+12-Oct-2009+BW20091012
-
Justice Dept. to Review Bush Policy on DNA Test Waivers
Posted on October 11th, 2009 No commentsBy Jerry MarkonWashington Post Staff Writer
Sunday, October 11, 2009Attorney General Eric H. Holder Jr. has ordered a review of a little-known Bush administration policy requiring some defendants to waive their right to DNA testing even though that right is guaranteed in a landmark federal law, officials said.
The practice of using DNA waivers began several years ago as a response to the Innocence Protection Act of 2004, which allowed federal inmates to seek post-conviction DNA tests to prove their innocence. More than 240 wrongly convicted people have been exonerated by such tests, including 17 on death row.
The waivers are filed only in guilty pleas and bar defendants from ever requesting DNA testing, even if new evidence emerges. Prosecutors who use them, including some of the nation’s most prominent U.S. attorneys, say people who have admitted guilt should not be able to file frivolous petitions for testing. They say the wave of DNA exonerations has little impact in federal court because all those found to be innocent were state prisoners, and the waivers apply only to federal charges. DNA evidence is used far more frequently in state courts.
But DNA experts say that’s about to change because more sophisticated testing will soon bring biological evidence into federal courtrooms for a wider variety of crimes. Defense lawyers who have worked on DNA appeals strongly oppose the waivers, saying that innocent people sometimes plead guilty — mainly to get lighter sentences — and that denying them the ability to prove their innocence violates a fundamental right. One quarter of the 243 people exonerated by DNA had falsely confessed to crimes they didn’t commit, and 16 of them pleaded guilty.
“It’s a mean-spirited policy. Truth, ascertained by science, should trump the finality of a conviction,” said Peter Neufeld, co-director of the New York-based Innocence Project. He said the waivers are effectively “gutting the impact” of the 2004 law because 97 percent of federal convictions result from guilty pleas.
Interviews and documents show that language allowing for DNA waivers was inserted into the law at the behest of Republican senators and that the Bush Justice Department lobbied against the measure even with the waiver provision. Soon after the law passed with bipartisan support, the department sent a secret memo to the nation’s 94 U.S. attorney’s offices urging them to use the waivers, several federal officials familiar with the memo said.
Holder, a former U.S. attorney in the District, has called for expanded DNA testing in federal courts. After inquiries by The Washington Post, his spokesman, Matthew Miller, said Holder “has ordered that the department review its DNA waiver policy.”
“The attorney general believes that DNA testing is a crucial law enforcement tool both in solving crimes and exonerating the innocent,” Miller said, adding that if new evidence arises after conviction, “prosecutors have an obligation to act.”
The waivers run counter to the national movement toward post-conviction DNA testingas the forensic tool has revolutionized criminal justice. Nearly all 50 states have passed laws giving inmates the right to seek testing in state courts, and most allow for petitions after guilty pleas.
Oregon prosecutor Joshua Marquis, who sits on the executive committee of the National District Attorneys Association, said he’s never heard of DNA waivers in state court and that the organization opposes the concept. “I think it’s important to always leave the door open for actual proof of innocence,” he said.
In federal court, the waivers are part of the standard plea agreement filed by prosecutors in the District, Alexandria and Manhattan, which are among the nation’s highest-profile U.S. attorney’s offices. Waivers are used in some or all pleas by at least 16 other offices, including such large ones as Chicago and Los Angeles and such smaller ones as Arkansas and West Virginia. Prosecutors in Maryland rarely use the waivers.
“It saves us a lot of spurious litigation down the pike,” said G.F. Peterman III, acting U.S. attorney in the Middle District of Georgia. “All they have to do is say I’m not guilty, go to trial and they’ve waived nothing. It’s their decision.”
Defense attorneys disagree, saying prosecutors give defendants the choice of signing the waiver or not getting the benefits of a plea agreement, which usually include a lighter sentence.
“It’s a horrendous provision, and I can never get them to take it out,” said Christopher Amolsch, a lawyer whose client recently waived DNA testing rights in a cigarette smuggling case in U.S. District Court in Alexandria. Other lawyers said they don’t usually fight the waivers, considering it a losing battle.
The U.S. attorney’s office in Alexandria declined to comment.
At least 24 U.S. attorneys don’t use the waivers. It could not be determined how many inmates have been affected by the policy, because the remaining 50 U.S. attorney’s offices did not respond to inquiries or declined to comment. It is also unclear how many federal prisoners have filed petitions seeking post-conviction DNA testing since 2004. Justice Department officials said the number is small but have also said they expect more petitions over time.
At the heart of the debate is the question of how often the innocent plead guilty. Michael Volkov, a former federal prosecutor who as counsel to Sen. Orrin G. Hatch (R-Utah) pushed to insert waiver language into the 2004 law, said he thinks it is “extremely rare.”
But experts who have studied DNA exonerations say it is more common. “The idea that people who plead guilty are always guilty is false,” said Brandon Garrett, a University of Virginia law professor. He said the waivers “send a terrible message: that federal prosecutors take a dim view of truth telling.”
Arthur Lee Whitfield, for example, was convicted in 1982 of raping a woman in Norfolk and was about to go on trial in a second rape. Facing a possible life term, he pleaded guilty for a lighter sentence. He was exonerated of both crimes by DNA in 2004 after more than 22 years in prison.
“I figured I can put my life on the line and take a chance, or I can take the plea and have a shot at coming home to my family,” Whitfield said in a recent interview. “You never know what you’d do until you’re put in that situation.”
Justice Department officials who favor DNA waivers say the 2004 federal law wouldn’t have affected such defendants because their cases were in state courts. Violent crimes in which suspects are more likely to leave their DNA have traditionally been prosecuted locally.
But federal prosecutors have been tackling more violent crimes in recent years, especially involving gangs or drugs. And experts say the arrival in the next few years of more sophisticated DNA testing will allow DNA to be used in more federal cases both to convict and to exonerate.
For example, DNA tests can’t discern whether DNA came from blood, semen or other tissues; they show only that a DNA profile is present. When that changes, said Dan Krane, a biological sciences professor at Wright State University, defendants might be able to show that they never touched key pieces of evidence in drug, gun, forgery and other cases.
These types of scientific advances were among the reasons that Sen. Patrick J. Leahy (D-Vt.) originally proposed the Innocence Protection Act in 2000. The waiver provision emerged from intensive negotiations with Republican senators, who insisted on it as one price for their support, congressional sources said.
The language inserted into the final bill says federal judges can order post-conviction DNA testing if the inmate did not “knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding.” The law also says the government can destroy biological evidence if there is a DNA waiver.
With the waiver provision in the law, the Justice Department in April 2004 sent a 22-page letter to the Senate Judiciary Committee that said allowing any defendant who pleaded guilty to seek DNA testing would amount to “an unjustified attack on the integrity of guilty pleas which . . . are the means by which most cases are resolved.”
“The purpose [of post-conviction DNA testing] is not to enable killers, rapists and other criminals to re-open old wounds of crime victims and their survivors years and decades after the normal conclusion of criminal proceedings,” the letter said.
DNAWellnessinfo.com Resource: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/10/AR2009101002348_2.html
Social Links