The Affidavit Of Leah Larkin In Support Of Bryan Kohberger's DNA Claims

What's up everyone and a welcome back to the program in this episode

We're taking a dive right back into those core documents and we're going to take a look at the notice of filing

Affidavid of Lea Larkin in support of defendants third motion to compel so what this is is the defense Brian Colberger's team

This is one of their experts who is putting in an affidavit of support for the defense to get a look at

at the genealogical and DNA evidence that's been collected. So let's get into this document and let's see what Brian Colberger and his team are bringing to the table.

Case number CR29-22-2805 notice of filing affidavid of Lea Larkin in support of defendants third motion to compel the state of Idaho plaintiff first Brian C. Colberger the defendant

comes now Brian C. Colberger by and through his attorney of record and C. Taylor public defender and hereby files the attached affidavid of Lea Larkin in support of the defendants third motion to compel

This was dated on August 9th of 2023 and it was signed by Ann Taylor. The next document is the affidavid of Lea Larkin case number

CR29-22-2805 the state of Idaho plaintiff first Brian C. Colberger the defendant state of California County of Alameda

1. I am an adult over the age of 18 and I have personal knowledge of the facts set forth in the affidavit

2. I have been engaged as an expert in the above entitled matter since July 27th, 2023

3. I am a genetic genealogist having practiced genetic genealogy since 2014. My educational background is a bachelor's degree in biology and a PhD in botany

3. My curriculum Vite is attached. As a genetic genealogist I have a clear understanding of how genetic genealogy works. I have developed tools that are in widespread use by genealogy practitioners

4. Genetic genealogy is best described as the use of DNA data to evaluate biological relationships. There are three categories of genealogical DNA testing

why chromosome DNA direct paternal line only, mitochondrial DNA direct maternal line only and autosomal DNA all branches of a pedigree

A genetic genealogist integrates information from these DNA tests with genealogical documentation to reveal or corroborate relationships

5. Genetic genealogy primarily uses autosomal DNA tests that were originally designed for biomedical research

Since 23 and me brought their health tests to the consumer market in late 2007, family tree DNA, ancestry DNA, my heritage and a handful of smaller companies have launched their own genetic genealogy products

These companies all provide genealogy tools to their customers on their websites and also produce a raw DNA data file that the customer can download

The raw data file contains the genetic profile for that customer. This genetic profile is not the same as an STR profile that is commonly uploaded to CODIS in a forensic DNA analysis

6. Most of the human genome is identical across all people only the DNA positions that vary between individuals are useful for genealogy

These variable positions are called single nucleotide polymorphisms, SNP pronounced SNP, the direct to consumer genealogy companies use a type of test called a micro array that samples roughly 600,000 of these DNA SNPs

Unlike the STR markers used for matching in CODIS, SNPs can convey information about medical and physical traits as well as biological relationships to close and distant cousins

7. A micro array SNP profile is sometimes called a kit. Once the lab test is complete, the genealogy company compares the new kit to those already in its database looking for long stretches

of SNPs that are compatible. The company then presents these matches in a list sorted by the amount of shared DNA measured in senomorgans abbreviated CM

8. A standard DNA micro array requires approximately 200 NGs of quality DNA. That quality and quantity is often not available from crime scenes or degraded human remains.

Instead, specialized laboratories can generate an SNP profile through a more complex process. First, they attempt to sequence the entire genome using next-generation sequencing or NGS technology

This technology works a bit like skimming while reading a document. On the first pass, NGS technology will not capture all of the data and it may make mistakes

NGS involves repeated passes called coverage to get more accurate results for human genome sequences 30 times to 50 times the coverage is recommended

9. Once the NGS file is obtained, it must be manipulated through bioinformatics to make it compatible with the genealogy databases

The extra data must be stripped out to adjust the SNPs that the genealogy company's test and missing or ambiguous data must be inferred using statistical methods

The kit is then uploaded to a genealogy database and evaluated. A poor quality kit might have two few matches or it might have phantom matches that are not real measures of relationship

Often bioinformatics step must be repeated. This trial and error process can take several tries to produce a kit that works well in a genealogy database

10. Only GED match, family tree DNA and some smaller entities allow crime scene and human remain samples to be uploaded

The terms of service of ancestry DNA, 23 and me and my heritage prohibit forensic investigative genetic genealogy in their databases

However, in the absence of an effective oversight forensic genetic genealogists are on an honor system to obey the terms of service and the Department of Justice interim policy on forensic genetic genealogy

11. Each of the genealogy databases compares the user's DNA data to all of the other data files in their database then presents a list of DNA matches who share meaningful amounts of DNA

The match list includes the match name or alias how much DNA they share in Santa Morgan and occasionally a link to a family tree that the match has voluntarily provided

12. The genetic genealogy databases are siloed from one another. If you test at ancestry DNA and you're sibling tests at 23 and me, you will not be matched to one another because you are not in the same database

GED match is a third party site that functions as a genetic genealogy commons. A user can upload their raw DNA data file from their testing company and find matches to people who upload to GED match from different companies

Like GED match, family tree DNA and my heritage also allow uploads of raw data files and ancestry DNA and 23 and me do not

13. Broadly speaking, the more DNA two people share, the more closely they are related. The correlation is not perfect though. Any given Santa Morgan amount can represent more than one possible relationship

The testing company suggests probable relationships but experience genetic genealogists typically use the online shared cm tool shown at right for a hypothetical match of 200 cm to see mathematical probabilities of different relationships for a given Santa Morgan amount

Note that there are nearly 20 possible relationships listed for a match of 200 cm which is considered a fairly close match.

14. Adopties have used genetic genealogy DNA tests to identify their biological families for roughly 15 years now. The same methods used for people with unknown parentage can be used to identify forensic samples from a crime scene or unidentified human remains

Unlike standard forensic SDR tests which are used to identify individuals genetic genealogy testing identifies possible relatives

15. First the genealogist attempts to build family trees from the DNA matches of the person of interest starting with the closest matches

Relatively few users at GED match and family tree DNA post their pedigrees there so the genealogists must build trees for them

We attempt to identify the match using their screen name and email address then we search public records, social media, obituaries, news articles and genealogy websites to build out their tree through their parents, grandparents and so on

Most genetic genealogists build these so-called research trees at ancestry.com

16. The goal of building trees is to figure out how two or more matches are related to one another, for example

If the person of interest matches two people who share a great grandparent couple making them second cousins to one another, the genealogist now knows which branch of their tree is relevant to the search

The person of interest could be descended from that couple or the connection could be one or more generations further back through either the husband or the wife in that couple

17. Once several of the DNA matches have been connected to one another the genealogist must figure out how the person of interest fits into the tree of those matches

We use age, sex, geographic location and other circumstantial evidence alongside the DNA-based relationship predictions

A statistical tool called what are the odds can analyze multiple DNA matches together to evaluate where the person of interest best fits into the tree based on the amounts of shared DNA

18. What are the odds? Is not intended to give a definitive answer rather it points the genealogist toward the most likely branches in the tree for further research

The tool is also not appropriate for all circumstances, for example it is not intended for populations that married within themselves for double cousins or when most of the matches are below 40 cm

19. The genealogist needs to do this for both the maternal and paternal sides of the person of interest pedigree

Often this involves building dozens of trees and performing several what are the odds analysis

We are looking for instances where a descendant and one DNA family tree married a descendant and another DNA family tree because those unions point to where the person of interest might fit in to the family tree

Often the best we can do with the existing DNA matches is to focus on a set of cousins as candidates

Then more DNA testing is required. Number 20. This process can vary in complexity depending on the individual starting point

In doing this type of research the genetic genealogist will generate numerous documents to ensure an adequate paper trail

This paper trail can include the list of DNA matches, the research tree, with genealogical documentation, public record searches for members of the DNA family, correspondence with DNA matches, descendant diagrams showing how the DNA matches are related to one another and what are the odds analysis

The documentation is necessary and important for the following reasons. DNA matches sometimes hide their profiles and error in the tree can mislead the genealogist and the descendant diagrams and what are the odds analysis are usually updated repeatedly during a search

Number 21. As a genetic genealogist I have learned about the power and the privacy implications of genetic genealogy

The test themselves were designed to reveal biomedical information and can also reveal family secrets about the tester

In many cases private information can be inferred about the DNA relatives of the tester as well. For those reasons, leaders in the genetic genealogy community developed standards that emphasize consent and privacy

Number 22. I am aware of the Department of Justice interim policy to limit when forensic genetic genealogy can be used and which databases are accessible to law enforcement

It is possible for the databases to be utilized in a way that circumvents these core principles. Notably, I am aware of a case in which the chain of custody failed and the wrong SNP profile was sent to the wrong client

Number 22. I am aware of the genetic genealogist uploading SNP profiles to a forbidden database in violation of that company's terms of service and the Department of Justice interim policy

Forensic genetic genealogy being used for a case that did not meet the Department of Justice's threshold

D. Investigative genetic genealogists using security loopholes to see DNA kids who are opted out of forensic matching at GED match and family tree DNA

E. A case in which an SNP profile was performed on an innocent woman, a potential fourth amendment violation to a right to privacy and uploaded to GED match without her knowledge or consent

Number 23. Having access to the data and the methods used to identify someone will provide answers to a compliance with Department of Justice policies, B. How a DNA sample was handled from the time of collection through its forensic genetic genealogy testing, C. The process of SNP creation, D. The use of the SNP profile, E. The use or lack thereof of loopholes and violations of terms of service

to the various genetic genealogy databases. Further your aphion, say if not, dated this eighth day of August 2023 and signed by Leah Larkin. Now after this, there's a bunch of pages of her schooling and what she has done as a professional. We're not going to dive into all of that, but the link, like usual, will be in the description box if you'd like to go and take a look

Alright folks, that's going to do it for this one. All of the information that goes with this episode can be found in the description box