Transfer of Evidence

I've been asked to discuss transfer of evidence. I'm happy to oblige.

  The transfer of evidence refers to Locard's exchange principle. Edmond Locard (1877-1966) was the founder and director of the Institute of criminalistics at the University of Lyons in France. He believed that whenever a criminal came into contact with his environment, a cross-transference of evidence occurred. He believed that "every criminal can be connected to a crime by dust particles carried from the scene." (Saferstein, Richard, Criminalistics, Seventh Ed., 2001)

   Evidence can include anything from blood, semen, saliva, and hair, to paint, explosive, drugs, impressions, and chemicals. The basic premise is that where ever we go, we will carry some evidence with us and leave some behind. We cannot interact with our environment without a transfer of evidence occurring.

   With regards to the Duke rape case, both the police and the SANE nurse, would have been separately collecting for transfer of evidence. If anything had occurred in that bathroom, according to Locard's theory, there should have been some kind of transfer of evidence consistent with the accuser's allegation - especially considering that there were supposedly four people in that bathroom.

   This was her initial complaint, as written in The Smoking Gun website: " Shortly after going back into the dwelling the two women were separated. Two males Adam and Matt pulled her into the bathroom....The victim stated she tried to leave and the three males...forcefully held her legs and arms and sexually assaulted her anally, vaginally, and orally. The victim stated she was hit, kicked and strangled during the assault and she attempted to defend herself, but was overpowered. The victim reported she was sexually assaulted for an approximate 30 minute time period by the three males."

    DNA can be found from both skin cells and sweat. If a person is kicked, often there is an imprint bruise or red mark from the shoe. We would swab that area in the hopes of picking up any tiny debris particles from the shoe.

    Our first set of swabs are oral swabs taken from both cheeks of the mouth. If there was forced oral sex, this may show the DNA of the perpetrator. Before swabbing, we check the patient's mouth to see if there are any injuries. During forced oral sex, the frenulum (like underneath your tongue) can be torn. We also look for petechial hemorrhages.  These are tiny bruises, caused by blunt force injury, < 2mm. They can also be found in the eyes following attempted strangulation. Along with the oral swabs, we also obtain peri-oral swabs from around the outside of the mouth in an attempt to pick up DNA from semen or saliva.

   Next, we take scrapings from under the fingernails in an attempt to obtain skin cells and possibly debris. We check the patient from head to toe for even the smallest sign of debris. Even if we don't see anything, if the patient indicates that the assailant(s) physically groped, fondled, squeezed or hit a specific area, swabs are taken. If an alleged assault takes place outdoors, we look for signs of dirt, twigs, gravel, leaves, etc. We don't need much. Even the tiniest amount of debris can help to substantiate an accuser's claims.

   Debris is not the only thing the crime lab can look for. They can also look for non-biological chemicals such as household cleaners. In this particular case, I couldn't help but wonder if those guys, by any chance, happened to scrub the floor in anticipation of the party. If they had, then it seems reasonable to question whether some sort of chemical residue might have gotten on the back of her outfit as she lay on the floor.

   Bathrooms harbor all kinds of things. Hair and fibers would be other things which both her skin and her outfit could have picked up off the floor. That would certainly have helped to substantiate any claims of being forced down on the floor. Of course, according to the media reports, it appears there was no evidence found by the lab. As I've said before though, (since I haven't actually seen the crime lab results with my own eyes) I take all such reports with a grain of salt.

  After taking the fingernail swabs, I usually check the patients out with the Woods lamp. This is a UV light which can help show up semen. If positive, it shows up as a bright green color. Swabs are taken only if the results are positive. The results of the Woods lamp are documented, whether positive or negative.

    After the Woods lamp check, I then collect trace evidence from the pubic hair combing, then take peri-anal swabs, from the area between the vagina and [around] the anus. If the patient claims that forced anal sex did occur, anal swabs are taken as well. Next, in a case like this, swabs would be taken of the area around the outer aspect of the vagina, and possibly of the thighs as well. Last, three swabs are taken from inside the vagina.

   After the swabs are taken, they are placed in a special dryer to dry before being packaged and sent to the crime lab. Once dried, we place them into the special envelopes provided by the crime lab and seal them. Then they are placed, along with the dried blood envelope, into the SAFE kit. 

    When packaging, we use special tape to seal the kit, then sign on top of that tape, to prevent tampering. The sealed kit, along with the packaged clothes, and a copy of the SANE report is locked up by our security until it can be picked up by the detective. This way, the chain of custody is being followed as per protocol.

Addendum note on SANE private room:

   I checked it out and Duke Hospital does have their own SANE exam room, separate from their ER. It was opened in 1999, according to their website. These separate rooms are supposed to be locked at all times. I'm sorry, but I seriously question the report that a co-worker just walked in the room to look for supplies, causing the patient to become hysterical. If it did actually happen, then it was totally inexcusable. However, I really do  question that report.

SAFE Exam Photo:

I've been asked to provide a photo of an actual SAFE exam. The graphic shown in my previous post was intended for visual interest only and not as an actual SAFE Exam photo. Unfortunately, I've searched and been unable to find a copy of the report on line. That's why I wrote a detailed description of the report in order to provide readers with  an idea of all that the report entails.

   

Comments

[tubaleer]

Actually, there was no evidence found in the Duke rape scandal, admitted by NiFong himself, when publically stating that he didn't have the evidence he would have wanted, like DNA.

[Kathleen]

Tubaleer:
Thanks for your comment. Yes, I'm aware that it's been reported that there was no DNA found on the Duke accuser that matched any of the players.

The purpose of this particular post was to further explain the procedure for collection of evidence during the SANE exam.