The Perfect Alibi (Robin Lockwood #2)(28)

“DNA is also genetic material that we inherit half from our mother and half from our father. In addition to being life’s instruction manual, DNA is capable of copying itself so that new cells in the body have identical content.”

“Is DNA consistent throughout a person’s body?” Kreuger asked.

“Yes.”

“So, a sample taken from a person’s hair, blood, skin, or semen will give the same result upon DNA testing?”

“Yes.”

“Mr. Baylor, will two human beings ever have the same DNA?”

“No. The only exception we know of is identical twins. So, other than identical twins, no two human beings should have the same DNA.”

“Let’s move on to the subject of this hearing. A short time ago, were you contacted by the Oregon State Crime Lab and asked to conduct DNA testing on samples of semen obtained in two rape cases involving two different individuals?”

“Yes.”

“Why did they contact you?” Kreuger asked.

“There is a database for DNA in which samples from an unknown individual can be compared to DNA from known individuals to see if they match. If semen from a rapist is found on his victim, a lab can determine the structure of the DNA in the semen and compare it to the DNA from people whose DNA is in the database.”

“Did the State Crime Lab have semen from an unknown person known only as Ray who was accused of rape?”

“Yes.”

“Were they puzzled by the results when they fed their information into the DNA database?”

“Yes.”

“Why?”

“I was told that the DNA was a match for a man known as Blaine Hastings Jr.”

“Why was that a problem?”

“Mr. Hastings was incarcerated at the time of the rape. The lab wanted me to conduct an independent test because they knew this result was impossible.”

“What was the result of your test?”

“It was the same as the crime lab. Ray’s DNA and Mr. Hastings’s DNA are identical.”

“How do you explain that?” Kreuger asked.

“There is a theoretical possibility that there are two humans who are not identical twins with identical DNA, but the odds are so astronomical that it is not a possibility in the real world. Therefore, the only explanation I can think of is that there were errors in the DNA tests conducted on one or both samples.”

“Has any police lab ever made errors when testing DNA?”

“The Houston Police Department shut down the DNA and serology section of its crime laboratory in early 2003 after a television exposé revealed serious deficiencies in the lab’s procedures, a Seattle newspaper documented DNA testing errors in the Washington State Patrol lab, and there have been similar problems detected in independent labs that test for DNA.”

“Have these errors led to the conviction of innocent individuals?”

“Yes.”

“Mr. Baylor, as an expert in the field of DNA testing, can you say with any certainty that the test of the semen in the case in which Blaine Hastings was convicted was an error-free test given the fact that identical DNA was found in semen ejaculated in a rape case in which it was physically impossible for Blaine Hastings to have been the perpetrator?”

“No. I cannot.”

“Thank you. No further questions, Your Honor.”

“Mr. Kellerman?”

“Mr. Baylor, if an error occurred, can you say whether it occurred in the tests in the Ray case or in the test in Mr. Hastings’s case?”

“No.”

“Then the DNA test in Mr. Hastings’s case may be accurate?”

“Yes.”

“No further questions,” the prosecutor said.

After Paul Baylor was dismissed, forensic experts from the crime lab were examined. Robin heard the testimony, but she had a hard time believing it. It was obvious that Judge Redding was also having difficulty accepting the only conclusion that could be drawn from the evidence.

When all the witnesses had been questioned, Les Kreuger pitched his argument for his client’s release on bail and a new trial.

“It is obvious, Your Honor, that my client has suffered a grave injustice. Defense Exhibit Three is a copy of the lawsuit filed by Randi Stark against my client after Mr. Hastings was convicted. She is suing for millions of dollars, which gave her a very strong motive to lie about what happened between her and my client.

“One explanation of what happened in this case is that Miss Stark had intercourse with the man identified by Miss Braxton as Ray. Miss Braxton met Ray at a club Miss Stark frequents and Miss Braxton’s description of Ray could be a description of Mr. Hastings. After having sex with Ray, Stark went to the fraternity party and saw Mr. Hastings. She realized that he resembled Ray and this gave her a diabolical idea.

“During cross-examination at Mr. Hastings’s trial, Your Honor heard Miss Stark admit that she bore a grudge against Mr. Hastings for beating up a former boyfriend. I suggest that she saw a way to avenge herself against Mr. Hastings and make a pot full of money in the process.

“Mr. Hastings was intoxicated. Miss Stark lured him into a bedroom with the promise of sex. There were no other witnesses in that bedroom and no one to contradict her when she accused my client of rape.”

“How do you explain the fact that the DNA identified in the sample in Miss Stark’s rape kit matches your client’s DNA?” Judge Redding asked.