by Dalia Shehori © Ha'aretz Wednesday, October 15, 1997 This material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. |
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The process of DNA testing is very complex and would benefit from regulation. But as Dalia Shehori reports, the efforts of one doctor to help the Health and Justice Ministries establish guidlelines were left languishing |
The medical literature about DNA testing tells of a boy who was born in England and went to Ghana to be with his father. A few years later he wanted to go back to England to his mother, brother and two sisters. But the British immigration authorities did not let him in, saying they suspected he was not the woman's son but her nephew, or perhaps was not related at all. The family's lawyer turned to Prof. Alec Jeffries, the scientist who developed DNA matching, and asked him to examine the case. The case was considered very complex because there was no way to obtain blood from the father or the mother's sister. Neither was the mother sure of the identity of the father. Since half of the DNA in each of the body's cells comes from the father and half from the mother, Prof. Jeffries made DNA profiles of the woman, her son, her two daughers and the appelant. Using the profiles of the woman's three children he made a profile of the father - by stripping from each profile anything that was not from the mother. The profile of the father that emerged matched the appelant's DNA, proving the child was his biological son. In the next stage, the professor removed from the appelant's genetic profile all the DNA that came from the father. What remained matched the woman and proved she was his mother and not his aunt. Dr. Assa Marvad, head of forensic biology for the police, says that in the case of Tsilla Levine and Margalit Omassi, who claim they are long-lost mother and daughter, it seems the two genetic tests that they underwent measured different things. The first test found there could be a family relationship, the second found there was none. Legally, Dr. Marvad said, one element that negates that the two women are mother and daughter is sufficient to prove they are not. Still, the doctor says he would advise Levine and Omassi to choose a third laboratory - one that, due to the sensitivity and the emotional residues of the case, is outside Israel. "Not that I doubt the credibility of the laboratories in Israel," he says. The family knows which parameters were checked the first time at Hassan Khatib's laboratory and which were tested at the Forensic Medicine Center. Therefore they have a double batttery of tests that they should take to the third lab and ask to have repeated. If the laboratory finds on every parameter tested that there is always a match between Omassi and Levine, then the relationship will be established. "But if that laboratory finds a mismatch on even one parameter, then Mrs. Levine, as sad as it is, is not the daughter of Mrs. Omassi, at least not genetically," he says. The laboratories considered the most reliable in the world are the Scotland Yard in England and the FBI labs in the U.S. There are also very credible private laboratories. Dr. Marvad stresses the importance of procedure in DNA tests because the tests are often open to legal challenge by experts. In the United States, the FBI has set standards for DNA analysis in the different states. In Israel, lawyer Shira Dunevitz tried to spur the authorities to standardize tests to determine paternity, including the DNA test. Dunevitz represented a single woman and her daughter. The two appealed to the Supreme Court over a ruling that determined that the man they were suing was not the girl's father. The Supreme Court accepted Dunevitz's argument that the test results used in the case bore the names of different people and an earlier date than the date the two were tested. The judges decided unanimously to overrule the earlier decision and reject the test results. Dunevitz wrote to then Justice Minister David Libai and Health Minister Haim Ramon, on April 9, 1993: "While preparing the case I discovered the whole matter of medical tests to determine paternity is not regulated in Israel. Elsewhere, in England and various states of the U.S. there are laws that regulate the matter and there are clear rules to ensure maximum accuracy in these tests that decide people's fates." She asked the ministers, in light of the importance of the tests, to examine the matter and set regulations. She offered help and the use of her research. The official response was typical. Libai's assistant, Adi Hadar, wrote back 20 days later to confirm receipt of the letter and to say it had been brought to the attention of the minister. That was the end of the Justice Ministry's handling of the matter. The Health Ministry answered nine months later. The minister's senior aide, Ronit Paz, asked Dunevitz in January 1994 to provide the material she had offered. Dunevitz did so five days later. That was the end of the Health Ministry's involvement. In response to my query about the matter two days ago, the Health Ministry spokesman's assistant faxed me a press release about the Yemenite children. It said the ministry alloted a budget for genetic tests for those involved in the search for their children or parents. It said the ministry will appoint a committee to recommend standards for licensing laboratories to handle genetic identity tests. Dunevitz says of her offer to ministries: "I gave them a great opportunity to go straight to legislation. They did nothing. The Health Ministry said "send material." I did, and nothing happened. This is not a small matter. The essence of the test is determining identity - of a baby, of the missing Yemenite children, of a suspect about to be sent to prison for life. These things are tremendously important, and that is how the rest of the world views them." Dr. Marvad says there is no law that says which labs can do DNA tests and what the procedures are. "The guidelines are only being formulated now in Israel and abroad. I don't know if the solution is a law. I am not a lawyer, but there has been a lot of progress in setting the rules." He noted the link made between a father and a child in paternity tests is much weaker than the link his laboratory can make between a blood stain left at a crime scene and a suspect, or between a sperm stain and a suspect. The high credibility of the test could open a new path for convicts who are serving long jail terms but claim innocence - demand the DNA tests whose results could set them free. In the U.S. people have been acquitted and freed on the basis of such tests. But the prosecution authorities are not enthusiastic about opening old cases, fearing it might overturn thousands of rulings and threaten the stability of the legal system. In Israel there is a possibility of a retrial if DNA can provide new facts or evidence. This applies to crimes committed before the newest DNA tests were used forensic medecine. Today, Dr. Marvad says, "any biological matter connected in any way to a crime is taken in for testing. If it can be tested for DNA, it is. The police open the files and investigate. The only time we don't do a DNA test is when there is a full confession by the suspect or another source that supports the suspicion. There is no point in using such a heavy gun if the picture is already clear legally. But if there is the least doubt the confession is true, both sides in the trial will ask for a DNA test." DNA testing is going to play a central role in the trial of Amiram Hochberg, who is charged with the murder of his son's mother, Shulamit Bleichman, and the murder of her mother Ida Bleichman. The trial is to open in December, and at the center of the prosecution's evidence are the findings of a DNA test that show the blood stains found in Hochberg's car are from Shulamit Bleichman, whose body has not been found. The defense, says Hochberg's lawyer Avigdor Feldman, ordered independent DNA tests from a private expert (c) copyright 1998 Ha'aretz. All Rights Reserved |
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