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Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears
Cold Case Homicides: DNA Testing of Retained Autopsy Sexual Assault Smears
doi: 10.1111/1556-4029.14023
PAPER Available online at: onlinelibrary.wiley.com
PATHOLOGY/BIOLOGY
Michelle Clark,1 M.S.; James Gill,1 M.D.; Kristin Sasinouski,2 M.S.; and Angela McGuire,1 M.D.
ABSTRACT: Archival medical examiner specimens may contain perpetrator DNA evidence useful in unsolved (“cold case”) homicides. The
Office of the Chief Medical Examiner (OCME) histology slide archives were searched for sexual assault smears for all 376 female homicides
from 1990 to 1999. Of these, the OCME had sexual assault smears on 84 of which 13 slides had sperm. Of these 13, six were still unsolved.
DNA profiles were obtained on all six (5 from smears and one from swabs). Combined DNA Index System ( submission resulted in two
matches (“hits”) for new suspects. In addition, three suspects were eliminated in two cases. Our review of archival sexual assault smears
resulted in DNA profiles that were able to assist in the investigation of four cold case homicide investigations. It may be worthwhile for medi-
cal examiner offices to search their archival histology slides for sexual assault smears on previously unsolved cases particularly those prior to
the mid-1990s when DNA testing was less widely available.
KEYWORDS: forensic science, homicide, cold case, forensic pathology, DNA, sexual assault, autopsy
The use of DNA analysis has been routinely used to identify These smears were then stored in the OCME’s histology
suspects in unsolved (“cold-case”) homicides. In the past, many archives. The swabs were sent to the crime lab for ABO blood
crime labs only tested sexual assault kits if there was a known type identification and possibly PCR testing. The crime lab
suspect listed as they would need a sample from the individual started performing routine DNA testing on samples around 1993.
for direct comparison. With the advent of DNA databases, com- In 1997, Dimo-Simonin et al. found that DNA extracted from
parison searches can be made without the need for a suspect. pap smears and postcoital slides stained with cytological and
This resulted in laboratories testing new and some previously forensic techniques could be amplified and provide reliable PCR-
collected sexual assault kits whether or not there was a known typing results (3). Laser capture microdissection (LM) for the iso-
suspect (1). These results would be submitted into DNA data- lation of spermatozoa from microscope slides containing sperm
bases such as the Combined DNA Index System (CODIS), a and vaginal cells also has been demonstrated to be effective (4).
United States national DNA database created and maintained by Even paraffin-embedded tissue from products of conception has
the Federal Bureau of Investigation (FBI) (2). been used to establish paternity in sexual abuse cases (5).
The Connecticut Office of the Chief Medical Examiner Recently, the OCME searched the archived slide files for sex-
(OCME) investigates all sudden, suspicious, and unnatural ual assault smears of all 376 female homicides that occurred
deaths that occur in the state. These are typically done by a between 1990 and 1999. The cases with slides were further
scene investigation and autopsy. In select instances, sexual investigated, and DNA testing was done on a subset of the cases
assault kits are performed. Sexual assault kits typically involve to determine if the slides provided any new investigative leads.
the collection of vaginal or penile, oral, and anal swabs and
smears; pubic combings, trace evidence collection, pulled head
and pubic hairs, etc. In the 1990s, vaginal, oral, and anal swabs
and smears were collected on certain female homicides at the Material and Methods
Connecticut OCME. The smear slides were reviewed by the Substrates and Sampling
medical examiner to give the investigating law enforcement
agents information about the presence or absence of sperm. An electronic death certificate search was performed for all
female homicides between 1990 and 1999. The OCME histology
slide archives were searched for sexual assault smears for all
1 376 female homicides that occurred between 1990 and 1999.
Office of the Chief Medical Examiner, 11 Shuttle Road, Farmington, CT
06032. Detectives from the jurisdictions of death were contacted to see
2
Deputy Director- Forensic Biology and DNA, CT DESPP Division of if any of the cases with sperm were still unsolved. Of the still
Scientific Services, 278 Colony Street, Meriden, CT 06451. “unsolved” cases, samples were forwarded to the Connecticut
Corresponding author: James Gill, M.D. E-mail: jgill@ocme.org State Division of Scientific Services (DSS) for DNA testing and
*Accepted for presentation at the 71st Annual Scientific Meeting of the
American Academy of Forensic Sciences, February 18–23, 2019, in analysis by extraction of DNA from cells on the previously
Baltimore, MD. stained and fixed glass slides in 5 cases and vaginal swabs (still
Received 19 Nov. 2018; and in revised form 22 Jan. 2019; accepted 22 retained by the laboratory) in one case. All archived slides were
Jan. 2019. previously stained with hematoxylin, OG-6, and eosin. In
cases matching to unidentified forensic profiles in the database. results were obtained with samples stored for less than 40 years.
These results indicate that testing of archived sexual assault kits Additionally, specimens with multiple DNA sources detected
yields valuable results in living victims. requires elimination of all sources by comparison testing which
DNA stability and quality are concerns particularly for sexual may not be possible if those individuals are unknown, at large,
assault specimens obtained at autopsy. The time interval between or unwilling to provide a DNA sample for comparison.
injury and autopsy is variable and in some cases, may be There have been conflicting results as to whether particular
prolonged. Research on reproduction and contraception has pro- histological stains are better or worse for DNA testing thus mak-
vided numerous useful insights into the characteristics of sperm ing stain selection an important consideration for forensic labora-
following deposition into the female gynecologic tract. In the tories (17,18). One study found that Christmas Tree and
living, some of these events may impact the DNA quality of Hematoxylin and Eosin stains do not have different effects on
sperm collected and subsequently tested in a forensic setting DNA quality after 10-week storage of slides (17). Sanders et al.
(8,9). DNA degradation or sperm DNA fragmentation consists used a modified H&E staining method with reduced exposure
of single and double strand DNA breaks due to oxidative stress times, in conjunction with laser microdissection and STR analy-
and apoptotic activity that occurs during the sperm cell’s lifetime sis and demonstrated adequate sperm identification and improved
(10). Some of this activity occurs due to the immune system of PCR product acquisition compared to other evaluated staining
the female in whom the sperm is deposited, resulting in leuko- protocols (19). In our study, the archived OCME slides were
cyte infiltration into the cervix and uterine cavity. Some DNA stained with hematoxylin, OG-6, and eosin and those that under-
degradation may occur prior to specimen collection (8). Since went DNA testing were over 20 years old and had been stored
immune activity does not continue after death, sperm deposited at room temperature.
at or around the time of death in sexual-assault-related homicides The causes of death in these 6 homicides included: strangula-
may be less affected by immune-induced DNA damage com- tion (2), traumatic asphyxia (1), stab wounds (1), gunshot wound
pared to samples obtained from living victims. (1), and blunt trauma (1). Not all homicides undergo sexual
Our sample set did not include slides where no sperm was assault evidence collection. It depends on the circumstances of
visibly present. It is well known that semen also contains rela- an individual case. For instances of suspected neck compression/
tively lower quantities of nonsperm male cells including epithe- smothering deaths, sexual assault evidence collection is typical.
lial cells and inflammatory cells, the quantities of which vary by In one study of female strangulations, recent sexual activity/as-
individual, age, sexual activity, and medical condition (8,11,12). sault was described in 44% of the decedents (20). Three of our
While there is potential for DNA isolation from slides or speci- six active cases involved some form of asphyxia (neck or chest
mens in instances where sperm is not identified, the relative pau- compression). This supports the common forensic maxim to con-
city of such cells compared to vaginal, oral, or anal epithelial sider sexual assault (and collect sexual assault evidence) in
cells may make DNA amplification difficult or impossible. We instances of suspected asphyxial deaths.
are continuing our research into these smears without sperm as it Final outcomes on our re-evaluated cases were variable. One
is possible to obtain a male STR profile even in the absence of CODIS hit was to a convicted offender (no prosecution planned
visually identifiable spermatozoa. Testing has demonstrated a because decedent was a prostitute and lack of other evidence that
male epithelial fraction using Y-STR 10-plex (13). Male DNA the suspect killed her) and another was to a convicted offender
typing has been done from 25-year-old vaginal swabs (14). The (arrest warrant is currently pending). On two investigations, sus-
use of laser microdissection with fluorescence also may be use- pects were eliminated by the DNA results. No suspects were
ful in capturing male cells (15). ever developed on the other samples but the profiles remain in
Forensic DNA testing of collected sexual assault specimens CODIS and are routinely searched. These results demonstrate
has its limitations. STR evaluation may be uninformative when that this cold case testing may not only help to detect possible
not enough loci are detected (16). DNA degradation affects suspects but also may help exclude possible suspects. This
amplicon length and therefore, the extent of DNA degradation exclusion may remove the shadow of guilt from potential sus-
may differentially affect amplification of certain loci. This is pects and focus law enforcement toward other avenues of inves-
more frequently observed in loci with larger amplicon sizes tigation. Not only did this smear investigation help to find DNA,
(6,16). Nakanishi et al. demonstrated that fewer loci are detected but it also spurred the investigators to go back and look for
with increasing duration of sample storage, however; adequate other retained evidence (e.g., underwear, other swabs) that had
4 JOURNAL OF FORENSIC SCIENCES
FIG. 2––DNA profile example: swabbing of a smear on a vaginal slide (sperm-rich fraction) using the PowerPlex! Fusion 6C System: the results are consis-
tent with the DNA profile being a mixture of two contributors with at least one of them being male.
not been previously tested. This investigation identified a cold suspect “hits” and two suspect eliminations) cold case homicide
case that although the smear was not helpful, it leads to a search investigations in Connecticut. Given the current advances in both
for other evidence from the case which found the archived vagi- DNA extraction techniques and molecular analysis, medical
nal swab evidence. examiner offices may wish to search their archival histology
Testing of slides from cases that had a previous criminal resolu- slides (particularly for pre-1993 cases) for sexual assault
tion prior to the introduction of DNA testing also could be done to smears which may yield sufficient sperm for DNA analysis on
support or refute a conviction. In fact, some of these slides have previously unsolved homicide cases.
been tested at the request of defense attorneys in later legal pro-
ceedings. To our knowledge, none has yielded information that References
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