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Salem Falls

Page 39

by Jodi Picoult


  The prosecutor turned around and slipped on a pair of plastic gloves. Then he held up a girl's blouse, spotted with blood. "Ms. Martine," he said, "do you recognize this?"

  "Yes. It's the blouse I was asked to test."

  Matt entered the clothing into evidence, and then asked Frankie to identify each swab and envelope and vial that had come from the rape kit. "After testing all these items, what were your results?"

  Frankie slipped a chart onto an overhead projector. This was the point at which a forensic scientist usually lost her audience. Unfortunately, Jordan thought, grimacing, that probably wasn't going to be the case here. The jury could see her legs, which--Jordan couldn't help but notice--were damn nice.

  Appropriately, Frankie did a striptease of the chart, revealing each line only as she spoke about it. "Line one hundred," Frankie explained, "is everything I can tell you about the victim's known blood sample. And each of those eight weird combinations of letters and numbers to the right is an area on the DNA chain. Think of it like that side-swiping car ... the first column is the make of the car. The second column is the model. The third is the color ... all the way up to the eighth column, the bumper sticker. At each location, the victim received one allele from her mother, and one from her father. For example, at the CSF1P0 location, Ms. Duncan inherited a type twelve from each of her parents.

  Item

  CSF 1P0

  TPOX

  100

  12, 12

  8,11

  200

  12, 12

  11,11

  Shirt

  12, 12

  11,11

  Nails

  12, 12

  11, (8)

  Thigh

  N/A

  8, (11)

  Item

  TH01

  VWA

  100

  6, 7

  17, 17

  200

  6, 7

  15, 15

  Shirt

  6,7

  15, 15

  Nails

  6,7

  17, (15)

  Thigh

  6, (7)

  17, (15)

  Item

  D16 S539

  D7 S820

  100

  12, 14

  9, 12

  200

  13, 13

  8, 8

  Shirt

  13, 13

  8, 8

  Nails

  12, 14, (13)

  9, 12, (8)

  Thigh

  N/A

  12, (8), (9)

  Item

  D13 S317

  D5 S818

  100

  9, 13

  12, 12

  200

  11, 11

  10, 12

  Shirt

  11, 11

  10, 12

  Nails

  9, 13, (11)

  12, (10)

  Thigh

  13, (9), (11)

  12, (10)

  "Line two hundred is the defendant's known blood sample. Each pair of numbers at those eight loci are alleles he inherited from his mother and father." She pointed to the row beneath that. "On the shirt Mr. Houlihan held up, I extracted DNA from the bloodstains. You'll see that at each location, the profile of the stains matches the profile of Mr. St. Bride."

  "How many other people might have a profile that matches the evidence?"

  "It's not possible to DNA-type everyone in the world, so I apply a mathematical formula that helps me predict the answer to that question. According to my calculations, that profile is found only once in greater than six billion, which is the approximate population of the world."

  "Can you explain the next row to us?" Matt asked.

  "I know that the DNA profile detected under Ms. Duncan's fingernails is consistent with a mixture, because at certain locations, there are three numbers--and a person inherits only two alleles. This isn't surprising. Ms. Duncan can't be eliminated as a possible cocontributor to the genetic material in this mixture, since I expect cells from her own hands were present. Of particular interest is whose DNA is mixed with hers. And based on the numbers in the profile of Mr. St. Bride--row two hundred--he cannot be eliminated as a cocontributor."

  "What would have eliminated him, Ms. Martine?"

  "If a number came up at a location that was nowhere in his own genetic profile."

  "But that isn't the case in this particular mixture?"

  "No," Frankie said. "It's two hundred forty million times more likely that the defendant is the cocontributor to that sample than a randomly chosen individual in the population."

  "And the thigh line?"

  She frowned. "That was a sample of semen, found on the thigh swab. Here, two locations I tested yielded inconclusive results."

  "What does that mean?"

  "There wasn't enough DNA present to profile all eight loci," Frankie said. "In the remaining six, Mr. St. Bride could not be eliminated. It is seven hundred forty thousand times more likely that Mr. St. Bride is a cocontributor to the semen sample than another person chosen randomly from the population."

  "Thank you, Ms. Martine," the prosecutor said.

  And the jury foreman winked.

  First, the cat died.

  Now, it wasn't such a big thing, taken by itself. Magnolia had been suffering with diabetes for three years, and twelve was pretty old for a cat. It had happened, her mother said, while Chelsea was at court, testifying on behalf of poor Gillian.

  That afternoon, her little brother had fallen off a jungle gym and broken his arm in three places.

  "When it rains," her father said, "it pours."

  But they didn't know about the Law of Three; they didn't understand that all it took was one pebble to start an avalanche of dynamic proportion. What you did came back to you triplefold--both the good ... and the bad. Chelsea wasn't sure how much of that shit she believed, but she did know some things: She'd sworn an oath in a court of law and had gotten on the stand, and this was what had come of it. Her pet, her brother--by karmic proportions, she had one more devastation coming her way, to make up for what she'd done.

  At dinner that night, she stared at her parents intently. Her mother had a mammogram scheduled the next day. Would it turn out to be cancer? Her father was planning on driving back to work that night ... would he crash unexpectedly? Would she stop breathing, just like that, in her sleep? Would she wake up and find the Devil sitting beside her?

  "Chelsea," her mother said, "you haven't touched your food."

  She couldn't stand not knowing what tragedy was coming. Pushing away from the table, she ran upstairs and locked her bedroom door behind her and rummaged through her drawers, finally finding what she'd so carefully buried.

  Could you wipe out your misdeeds with good intentions, like an abacus working in reverse? Chelsea didn't know. But she tied the small bundle tight, with three knots. She stuffed it into a padded envelope that had come from an online CD store. She scrawled a new address across the front, added stamps, and ran out of her house with her parents' concerned questions trailing her like the string of a kite.

  She ran until she reached the end of the block, where the big blue mailbox sat. Collection times, it said, were at 10 A.M. and 2 P.M. With shaking hands, Chelsea dropped the packet into the moaning mouth of the box. She did not think of Gillian. She did not think of anything that might change her mind. Instead, she focused on climbing the slippery slope of hope, which promised her that by noon tomorrow, her life might turn itself around.

  "You analyzed the pubic hair combings in the rape kit, didn't you, Ms. Martine?" Jordan said, getting up from his seat.

  "Yes."

  "What did you find?"

  "No hairs with DNA foreign to the victim."

  Jordan raised his brows. "Isn't it extremely difficult to violently rape someone without leaving behind a single pubic hair?"

  "I see it all the time. We don't normally even test pubic hair when we have DNA, since hair
s can be transferred in the most innocent of ways. For example, when you went into the bathroom during the last recess, Mr. McAfee, you probably came away with other people's pubic hair on your shoes, yet I'll assume that you weren't committing rape."

  She looked lovely, Jordan thought, even when she was reaming him. Abandoning that line of defense, he said, "You testified that the blood found on the victim's shirt is a match for the defendant's, isn't that correct?"

  "No. I testified that the locations I tested matched."

  "Whatever." Jordan waved away the distinction. "Can you tell whether the blood you tested came from a scratch on the defendant's cheek ... or from a cut above his eye?"

  "No."

  "Is it possible to tell from the blood on the shirt whether he was scratched by a human, or by a branch?"

  "No," Frankie said, then shrugged. "However, DNA was found beneath the victim's fingernails, a mixture from which the defendant couldn't be excluded as a cocontributor."

  "Was the victim wearing nail polish?"

  She smiled a little. "As a matter of fact, she was. Candy-apple red. The nails were fairly long, too, which made for a very good sample of skin cells beneath."

  "Do you have to scratch someone to get his skin under your fingernails?"

  "Not necessarily."

  "You can get his skin beneath your fingernails if you massage his scalp, right?"

  "I suppose so."

  "Or if you gently rake your hand down his arm while you're flirting?"

  The forensic scientist made a face that let him know what she thought of his alternative scenario. "It's possible."

  "Let's examine some of the evidence," Jordan said. "The semen and the nail residue ... those are both mixtures of DNA?"

  "Yes."

  "Presumably, they're mixtures of the two known samples you have here--Ms. Duncan's and Mr. St. Bride's?"

  "Possibly, yes."

  "Then how come the two lines aren't identical?"

  "You're noticing the discrepancies in intensities--the numbers that are parenthesized versus the numbers that aren't. And those can come from a variety of sources," Frankie explained. "If we did the mixture of the DNA in the lab, it would be very precise--two drops of each cocontributor's blood. But a mixture that was handed to us to analyze may not be equally divided between the two contributors. Obviously, in the fingernail residue mixture I wasn't detecting as much DNA from the cocontributor as I was from the victim."

  "But if we're talking about semen, shouldn't there be a pretty good amount of DNA from the male?"

  "Depends on how much sperm he has in it," Frankie said. "If he's a frequent ejaculator, he won't have much sperm. If he's a crack addict, he won't have much sperm. If he's an alcoholic or a diabetic, he won't have much sperm. Many factors are involved."

  "To your knowledge, Ms. Martine, is the defendant a frequent ejaculator?"

  "I have no idea."

  "Do you know if he's a crack addict?"

  "No."

  "Do you know if he's alcoholic or a diabetic?"

  "Again, no."

  Jordan rocked back on his heels. "So when you looked at those two different mixture profiles ... it didn't bother you to see so many incongruities between them?"

  She hesitated. "An intensity difference isn't really an incongruity. Sometimes we'll see a number come up in parentheses that we didn't expect ... but that can be due to many things--from the percentage of each contributor's DNA in the mixture, to whether or not the contributors are related. We don't exclude a suspect based on such an infinitesimal differentiation."

  "There's a big difference between being two hundred forty million times more likely than anyone else to be a cocontributor--such as in the fingernail sample--or being seven hundred forty thousand times more likely to be a cocontributor--like in the semen sample."

  "That's true."

  "What if you'd had results at the two locations that dropped out?"

  "That's a big if, Mr. McAfee," Frankie said. "It's possible that your client might have been excluded. It's also possible that he might have been further included."

  "Isn't it true that certain labs test more than eight locations?" Jordan asked.

  "Yes. The FBI lab does thirteen."

  "Isn't it possible that if you typed more systems, you might have excluded Jack as a suspect?"

  "Yes." She looked at the jury. "If you narrow the search even further, to a 1991 blue Acura hatchback with a sunroof and bumper sticker ... and a cracked windshield and dent on the fender and all-weather tires, the group of potential suspects shrinks even more."

  "Did the state ask you to perform this additional test?"

  "Our state lab doesn't yet have that capability."

  "Ms. Martine, if you don't mind, may I add a line to your chart?" When she nodded, Jack walked up to the projector and set down a handwritten sheet, adding a new profile.

  Item

  CSF 1P0

  TPOX

  New

  N/A

  8, 8

  Item

  TH01

  VWA

  New

  6, 6

  17, 15

  Item

  D16 S539

  D7 S820

  New

  N/A

  8, 12

  Item

  D13 S317

  D5 S818

  New

  11, 13

  10, 12

  "Ms. Martine, is this sample different from the known sample you profiled of Jack St. Bride?"

  "Yes."

  "So it would have come from a different person?"

  "Theoretically," Frankie said.

  "Now, if you don't mind ... could you estimate what we might see in a controlled mixture of line one hundred and the new sample ... Gillian Duncan and a hypothetical suspect?"

  Frankie picked up a marker and began to write on the bottom of her chart.

  Item

  CSF 1P0

  TPOX

  New

  N/A

  8, 8

  100

  12, 12

  8, 11

  100 + New

  N/A

  8, (11)

  Item

  TH01

  VWA

  New

  6, 6

  17, 15

  100

  6, 7

  17, 17

  100 + New

  6, (7)

  17, (15)

  Item

  D16 S539

  D7 S820

  New

  N/A

  8, 12

  100

  12, 14

  9, 12

  100 + New

  N/A

  12, (8), (9)

  Item

  D13 S317

  D5 S818

  New

  11, 13

  10, 12

  100

  9, 13

  12, 12

  New + 100

  13, (9), 11

  12, (10)

  "Ms. Martine," Jordan asked, "what does that line remind you of?"

  "The semen profile."

  "So could the person who gave this hypothetical blood sample have been a contributor to the semen mixture?"

  "Yes, this person would not be ruled out, either."

  "Then it's possible that there's someone other than Jack St. Bride walking around out there ... someone with this particular DNA makeup, for example ... who might be included as a suspect?"

  Frankie met his eye. "Anything's possible, Mr. McAfee, but my lab deals with concrete evidence. I didn't have this hypothetical blood sample, and I don't know this hypothetical suspect. But when you find him? You give me a call ... and I'll run the tests."

  As Charlie tried to concentrate on the prosecutor's questions, his attention kept straying to Addie Peabody.

  She sat behind the defense, almost in a direct line from Jack St. Bride, her eyes boring a hole into the back of the man's neck. Her hair was slipping out of a bun, and her suit--the only one s
he had, he'd bet--was wrinkled as a newborn's skin.

  He didn't want to be there. He wanted to be home, unraveling the mystery that was his daughter. He wanted to grab Addie and shake her until all the truths Meg had confessed to her spilled onto the floor at Charlie's feet.

  "What was her demeanor at that time?" Matt was asking, the words swimming to Charlie from a long tunnel.

  Frightened. Withdrawn. Numb.

 

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