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Microbes as forensic indicators

Article  in  Tropical Biomedicine · September 2012

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Tropical Biomedicine 29(3): 311–330 (2012)

Review Paper

Microbes as forensic indicators

Alan Gunn1* and Sarah J. Pitt2


1School of Natural Sciences and Psychology, Liverpool John Moores University, Liverpool, L3 3AF, UK
2School of Pharmacy and Biomolecular Sciences, University of Brighton, Brighton, BN2 4GJ, UK
*Corresponding author email: a.gunn@ljmu.ac.uk

Received 9 July 2012; received in revised form 10 August; accepted 10 August 2012

Abstract. The forensic potential of microorganisms is becoming increasingly apparent


as a consequence of advances in molecular sciences and genomics. This review discusses
instances in which microbes, and in particular bacteria, can impact upon forensic
investigations. There is increasing evidence that humans have an extremely diverse
‘microbiome’ that may prove useful in determining ethnicity, country of origin, and even
personal identity. The human microbiome differs between regions of the body and may
prove useful for determining the nature of stains such as those caused by saliva and
vaginal fluid: it may even be possible to link the stains to the person responsible for
them. Similarly, the composition of the microbiome present in a soil sample may prove a
useful indicator of geographic origin or as a means of linking people, animals, or objects
together or to a specific location. Microorganisms are important in the decay process
and also influence the presence and concentration of alcohol, drugs, and other chemicals
of forensic relevance. There is also a possibility that the entry of microorganisms into
the body during the agonal period may prove useful for the diagnosis of drowning. The
transmission of infectious diseases, and in particular sexually-transmitted diseases, can
provide evidence linking a victim and a suspect. Microorganisms that cause fatal
infections are not always identified at the time of death and may lead to the death being
considered ‘suspicious’. If a fatal infection can be linked to a hospital or medical procedure
it can lead to prosecutions and therefore it is important to determine when and where
an infection was acquired. Similarly, naturally acquired infections need to be distinguished
from those that result from malicious transmission. Microorganisms can therefore provide
evidence in many different forensic scenarios but most of the work is still at the
experimental stage and there are therefore many opportunities for further research.

INTRODUCTION Interestingly, the latter are in fact more


closely related to the Eukarya.
The group of microorganisms (or Although the Archaea are often
“microbes”) is a diverse collection of associated with extreme environments
organisms linked by their size. Microbes such as deep sea vents, they are also an
comprise: bacteria, which are prokaryotes; often overlooked part of the human
fungi, algae, parasites and some helminths, microbiome (Dridi et al., 2011). Micro-
which are eukaryotes; and viruses and organisms are abundant and ubiquitous in
prions, which are termed akaryotic. all terrestrial and aquatic environments.
Organisms which are identified as For example, it is commonly stated that
‘bacteria’ are classified in two phylogenetic there are over ten times more bacteria
domains, namely Bacteria and Archaea. living within and upon the human body than

311
there are human cells (Turnbaugh et al., carefully to avoid the risks of transmission
2009). Microbes have long been recognised (Malik & Singh, 2010).
as important in fields such as medicine,
ecology, and fermentation science but they Role of microbes in decomposition
have been largely ignored by forensic processes
scientists. However, this is likely to change Microbes are seldom present in the blood
as rapid advances in molecular sequencing stream or cerebrospinal fluid of a healthy
and computational techniques are bringing individual, but when a person dies micro-
about a revolution in the way we approach organisms such as bacteria and fungi living
the study of these organisms (Li et al., on the skin and within the gut can
2012; Segata et al., 2012). For example, it proliferate throughout the body as physical
is no longer necessary to culture the and immunological barriers start to break
organisms in order to identify them and the down. However, there is little evidence to
new science of metagenomics enables support the conjecture that microbes enter
characterisation of the hundreds or the body during the agonal period to any
thousands of microorganisms that great extent – that is during the period
constitute the microbial community, or during which death takes place (Morris et
‘microbiome’, of an ecosystem (Human al., 2006). From a medico-legalistic
Microbiome Project Consortium 2012a, b; perspective, the agonal period is difficult to
Yatsunenko et al., 2012). Similarly, it is now define and one suggestion is that it is the
possible to study the transmission chains of time between the cardio-respiratory system
particular bacterial strains and plasmids ceasing and the brain no longer functioning
more effectively (MacConaill & Meyersen, (Mason, 2010). After death, the speed with
2008; Nakamura et al., 2008; Pallen & which microbes move through the body is
Loman, 2011). The omnipresence and affected by the environmental conditions
diversity of microbes means that they are and whether or not the dead person
a potential source of forensic evidence. suffered wounds that facilitated their entry.
Indeed, the term ‘microbial forensics’ is If the body is frozen immediately after
now applied to the study of how micro- death, then, obviously, there is no move-
organisms can contribute to forensic ment of microorganisms and decomposition
investigations (Breeze et al., 2005). For does not take place. Morgue refrigerators
example, the presence of a particular typically operate at -1ºC to +4ºC and
microbial community could be used to therefore delay but do not prevent the
characterise an individual, organism, decay process. However, provided the body
object, or location. In addition, some micro- is placed in cold storage shortly after death,
organisms are pathogenic and whilst most this is usually sufficient to reduce the
infectious diseases are readily diagnosed, likelihood of microbes invading the body
they may contribute to some contentious for at least 24 hours (Morris et al., 2007a).
cases in which a person has died from no This is an important consideration when
obvious cause. Microbes have also been there are concerns about whether
spread recklessly or maliciously and it is organisms recovered at post-mortem
therefore necessary to link the accused and contributed to the person’s death.
the plaintiff to a specific strain. In addition, As the environmental temperature
the diversity of microbial metabolism increases, the microorganisms present
means that most organic materials and upon and within a dead body will replicate
many inorganic substances can be altered faster and as a consequence the pH of the
by their activities and this may affect the blood becomes acidic and the fluids and
preservation of other forms of forensic tissues become anaerobic. High humidity
evidence. Finally, of course, a dead body can also facilitate the growth of micro-
can be a source of infectious micro- organisms and therefore decay is faster
organisms and should always be handled in the humid tropics than it is in cool

312
temperate climates. The Gram-positive silicaceous cases called ‘frustules’ that
bacillus Clostridium perfringens can are resistant to decay and aid in their
come to dominate the microbial community identification. The abundance and diversity
since it has a doubling-time of only 8 of diatoms varies between ecosystems and
minutes under optimal conditions (Spicer, times of the year (Compton, 2011) and can
2000) – which is faster than most other therefore provide an indication of where
bacteria typically found on a dead body. and when a person drowned (Pollanen,
Bacterial putrefaction results in the loss of 1997, 1998, Pollanen et al., 1997). However,
body tissues (and hence, of potential using diatoms as a marker of drowning
evidence) and generates gases such as does have some limitations. The extraction
carbon dioxide, hydrogen sulphide, and of diatoms is not easy and they are not
methane, that are responsible for the bloat present in all water sources or may not be
stage of decomposition. In addition, abundant. Their comparatively large size
phenethylamine, tryptamine and other (2-200µm) can restrict their movement
amines are generated (Stevens, 1984). Bloat into the circulation. The inability to recover
often ruptures the skin surface and this diatoms therefore cannot be taken as an
allows the entrance of oxygen thereby indication that the victim did not die of
facilitating the return of aerobic decay drowning. There is also a lack of consensus
processes. Volatile chemicals such as on the extent to which diatoms enter the
mercaptans released by bacteria attract circulation during day-to-day life via the
invertebrate and vertebrate detritivores diet or being breathed in. Some workers
that then feed on the corpse and contribute have therefore suggested that the recovery
to the loss of tissues. To date, relatively few of bacteria from the blood could provide an
studies have been done on the microbiome alternative means of diagnosis. Microbial
of dead bodies in a forensic context. diversity also varies between habitats but
Consequently, although it is to be expected they are much smaller (typically 0.5-5µm)
that the microbial species profile will than diatoms and much more abundant –
change as the body undergoes the various and therefore more likely to be recovered.
stages of decay it is not yet possible to use For example, Kakizaki and his co-workers
this as an indicator of the time since death. have demonstrated that marine species of
Similarly, a dead body can be expected to Vibrio bacteria which are bioluminescent
alter the microbial abundance and profile can be isolated from the blood of victims
of the soil or other matrix on which it is of drowning (Kakizaki et al., 2009; 2011
found in a time-dependent manner but there a,b). Similarly, because many marine and
is as yet limited information on this freshwater water sources are contaminated
(Howard et al., 2010). with human and animal sewage, it has been
In the process of ‘wet drowning’, the suggested that the presence of faecal
victim breathes in fluid that damages the coliform bacteria and faecal streptococci
lining of the lungs; in freshwater drowning, in the blood could also indicate drowning
large volumes of water rapidly pass across (Lucci et al., 2008; Suto et al., 2009).
into the circulation. Microscopic particles However, to use the identification of any of
suspended in the fluid can pass across the these bacteria in support of a case that a
surface of the alveoli and, as long as the person had drowned, it would have to be
heart is beating, become swept around the indisputable that there were no alternative
body. Drowning is a notoriously difficult routes by which the organisms could have
diagnosis to the make on the basis of entered the body. The victim should
pathology (Saukko & Knight, 2004) but the therefore not have suffered any wounds at
recovery of diatoms from the organs and the time of their death and the body would
bone marrow is recognised as a good have to be recovered before the decay
indicator (Hardy & Wallace, 2012). process was advanced.
Diatoms are single-celled algae that form

313
Microbes and post-mortem toxicology unlikely to have been the cause of death
During the decay process, microbes (which was not stated in Appenzeller’s
degrade certain drugs and also generate paper) and it is possible that it gained
metabolites that can be mistaken as access to the body iatrogenically (for
indicators of pre-mortem drug consumption. example via a contaminated intravenous
For example, nitrobenzodiazepines such as drip).
Clonazepam and Nitrazepam, are quickly Microbial ethanol production is also
broken down by bacteria to amino affected by environmental factors such as
compounds and may be difficult to find in the temperature, humidity, and oxygen
the blood even when the victim has died of levels, although it usually takes at least 3
an overdose (Robertson & Drummer, 1995; days for appreciable levels to develop
Drummer, 2007). By contrast, morphine can (Leikin & Watson, 2003). According to some
be detected in buried bodies up to 8 years authors, the presence of 1-propanol (n-
after death (Skopp, 2004; 2010) although propanol) in blood or tissues is a good
during this time morphine-3-glucuronide is indicator of bacterial fermentation,
converted to free morphine by bacteria because it is not typically present in
(Carroll et al., 2000). In a notorious case in alcoholic drinks. However, Skopp (2004)
the UK, it was the resistance of morphine does not consider this to be especially
to autolytic and putrefactive processes that reliable because 1-propanol is formed at
provided evidence that Dr Harold Shipman variable rates and therefore cannot be used
was responsible for intentionally killing as an indicator of the extent to which
up to 240 of his patients by administering bacterial fermentation has occurred. These
overdoses of diamorphine (Pounder, products of microbial metabolism may
2003). If he had used a more labile drug form de novo within the blood or diffuse
it is possible he may never have been into it from body cavities, such as the gut
convicted. or the lungs. For example, Furumiya et al.
Bacterial and fungal fermentation (2012) describe an unusual case in which
produces a range of short chain alcohols, a man was suffocated under a pile of wood
although not methanol, from a range of chips, some of which he inhaled. Over the
metabolites. This needs to be considered in following 24 hours, the wood chips in his
cases in which alcohol consumption might lungs were fermented by bacteria and
have contributed to the cause of death (for resulted in alcohol being recovered from
example, intoxication, car accidents or his blood. The amounts of ethanol produced
aeroplane crashes). The amounts and rates in this way post-mortem are generally
of ethanol produced vary between species small (<0.07% [0.660 mg/g]) but instances
of microorganism and substrate (Corry, of levels of up to 220 mg/dL [2.075 mg/g])
1978) but can be enhanced by the presence have been reported (Zumwalt et al., 1982;
of high blood sugar levels at the time of O’Neil & Poklis, 1996). For this reason, if
death. For example, Appenzeller et al. fermentation is thought to have occurred it
(2008) describe a case in which is advisable to measure the ethanol
exceptionally high levels of alcohol were concentration of fluid extracted from the
found in the blood of a 14-month old child vitreous humor where there is less likely
at autopsy. This led to a suspicion that the to be bacterial growth.
child may have been a victim of abuse Microbes have also been linked to both
(given the alcohol) or neglect (allowed the production and break down of gamma
access to the alcohol). It was subsequently hydroxy butyric acid (GHB). GHB is of
demonstrated that the child had been forensic importance because although it is
given a glucose infusion shortly before naturally present at very low (nano-molar)
her death and the alcohol detected was concentrations in the body, it is also used
a consequence of fermentation by voluntarily as a recreational drug and
Lactococcus garvieae. This bacterium is maliciously as a sedative in cases of
seldom recovered from humans and is ‘date rape’. The discovery of high GHB

314
concentrations at post-mortem could both assailant and victim during the fatal
therefore indicate either an overdose or and non-fatal assaults and therefore form
involvement in a sexual assault. GHB is an important source of forensic evidence
produced by natural decay processes and linking the two together. Unfortunately,
also by a variety of bacterial species, such although it is generally accepted that all
as Pseudomonas aeruginosa (Elliott et al., humans have a unique dental arrangement,
2004; Nishimura et al., 2009). The inter- their bite marks are often difficult to
pretation of GHB levels in post-mortem interpret (Sweet & Pretty, 2001).
samples is therefore problematic (Elliott, Furthermore, although DNA is transferred
2004) and collection of post-mortem blood during biting, it is degraded by enzymes
into tubes containing sodium fluoride as a present in the saliva (Yaegaki et al., 1982;
preservative is recommended to restrict Sweet et al., 1997) and therefore it
microbial growth (Beránková et al., 2006). becomes increasingly difficult to recover a
It is not yet possible to relate GHB levels full DNA profile with the passage of time.
to the microbiome composition or Saliva has been estimated to contain 700
abundance. diverse bacterial species at a density of 1.4
x 10 8 organisms ml -1 (Lazarevic et al.,
Microbes as a means of identifying 2011). The composition of the salivary
individuals microbiome is affected by oral hygiene,
People or bodies are usually identified diet, geography, and genetics but more
from their DNA and morphological work is needed to confirm whether it can
characteristics. In the case of trace provide a consistent and reliable indicator
evidence, such as body fluids, human of individual identity (Lazarevic et al.,
DNA is also the best identifier, whilst 2010). Viable bacteria can be recovered
fingerprints and other contact evidence from bite sites on skin and clothing for at
are analysed using their physical least 24 hours after being inflicted (Brown
characteristics. However, it is not always et al., 1984; Borgula et al., 2003; Rahimi et
possible to extract a full DNA profile and al., 2005) but since many of the species
fingerprints are often smudged and cannot be reliably cultured in vitro, the
incomplete. Studies on the human use of salivary microbes as forensic
microbiome indicate that not only are there indicators will depend upon techniques
major differences in the microbial such as high throughput screening (Ahn et
composition within regions of the body but al., 2011; Lazarevic et al., 2011).
that there appear to be consistent
differences between individuals (Costello Microbes as a cause of death
et al., 2009). This has led to suggestions As a general rule, the recovery of a single
that people may have unique microbiomes microbial species from body fluids at
and these could be used as a means of autopsy suggests that infection occurred
identification (Blaser 2010). For example, during life, whilst mixed species profiles
Fierer et al. (2010) demonstrated that it indicate post-mortem invasion. However,
was possible to link people to the computer this is not invariably the case and it can be
they had used by analysing the skin difficult to avoid contamination when
bacteria they had left behind on the keypad. taking the samples (Tsokos & Püschel,
However, Tims et al. (2010) had less 2001; Morris et al., 2006). Indeed, in a well-
success in their attempts at using skin publicised case in the UK, a pathologist
microflora as a forensic indicator of country giving evidence to an inquiry on the death
of residence and clearly more studies are of an 8-week-old child failed to report
needed in this area. recovering Staphylococcus aureus, from
Much of the work to date has been the cerebrospinal fluid and other regions of
undertaken on the forensic potential of the the body because this is an extremely
salivary microbiome. This is because common component of normal skin flora
human bite injuries are often inflicted by and he was sure that it was a contaminant.

315
There was no immediately obvious cause puncturing the body and/or inserting
of the child’s death but as this was the implements. The opportunities for disease
mother’s second child to die in infancy, transmission are therefore high and while
suspicions were aroused. The case went to it is impossible to prevent them entirely,
trial and the mother was found guilty of there are usually clear guidelines and
killing both her children, the first by protocols in place. When a patient acquires
smothering and the second by shaking him an infection through these not being
(shaken baby syndrome) and sentenced to followed, it is possible that the
life in prison. The microbial evidence consequences for the patient may be
subsequently came to light, along with the severe or even fatal. In such a situation a
child’s white blood cell profile suggesting claim for medical negligence could be
a bacterial infection. This therefore made and in some cases there may be
indicated that staphylococcal septicaemia grounds for a criminal prosecution. It
and meningitis may have caused the child’s can therefore be important to demonstrate
death. The mother was released after whether a patient acquired their infection
spending several years in jail and her before they were treated and whether an
conviction declared ‘unsafe’ (Byard, 2004; infection could be linked to a specific
Dyer, 2005). member of medical staff or medical
The sudden death of otherwise equipment. For example, in USA, several
apparently healthy children during infancy cases of bacterial meningitis caused by the
invariably causes consternation and oral bacterium Streptococcus salivarius
accusations. In some cases, death is were linked to an anaesthetist who had
ascribed to ‘Sudden Infant Death Syndrome’ administered spinal injections whilst not
(SIDS) but there is little agreement on its wearing a facemask (Shewmaker et al.,
causes (Goldwater, 2011). One possibility 2010; Srinivasan et al., 2012).
is that it can be precipitated by a transient
bacterial infection which, although cleared Natural transmission of microbes
before death occurs, generates toxins The natural transmission of microbial
that cause haemorrhagic shock and pathogens is normally a concern for the
encephalopathy (Morris et al., 2007b; health authorities. However, when
Weber et al., 2008). Interestingly, this can pathogens that are associated with
result in pathology that is also associated bioterrorism (see later) are recovered it
with so-called ‘shaken baby syndrome’. can result in police involvement. For
It is therefore important to test for example, anthrax has caused the deaths of
immunological evidence of response to several heroin users in the UK and
bacterial toxins in samples because even elsewhere in Europe (Christie, 2010; Knox
if it is not possible to isolate organisms in et al., 2011). The risks appear to be
the blood or cerebrospinal fluid, this would greatest for those injecting the drug rather
provide evidence of a recent bacterial than smoking it (Palmateer et al., 2012).
infection. Most of the heroin consumed in the UK and
Europe is sourced from Afghanistan where
Nosocomial transmission of microbes Bacillus anthracis is endemic. However, it
Nosocomial transmission (also referred to has not yet been proven that the anthrax
as ‘Healthcare Associated Transmission’ also originates from Afghanistan or how it
and ‘Hospital Acquired Infections’) is where might be contaminating the heroin.
a disease is transmitted within a medical Similarly, there are sporadic cases of
setting such as a hospital or as a people in the UK and USA contracting
consequence of a medical procedure such anthrax from untreated animal hides used
as an injection or insertion of a urinary to make traditional drums, such as djembe
catheter. Hospitals and medical centres drums (Stratidis et al., 2008). Some of the
are, inevitably, full of sick people and affected people died from inhalation of
medical procedures often involve anthrax which is extremely unusual in

316
cases of natural human infections these infections between willing sexual
(although it can be a feature of the disease partners above the age of consent seldom
when it is used as a biological weapon). results in criminal proceedings but civil
Marston et al. (2011) used Multiple Loci actions may result (see ‘reckless
Variable number of tandem repeats transmission’). Where the infection was
Analysis (MLVA) and canonical Single acquired as a consequence of sexual
Nucleotide Polymorphism (canSNP) assault, genotyping of the bacteria from the
analysis to investigate five of the American plaintiff and the defendant could potentially
cases of anthrax in individuals handling be used to link the two (or more) people
animal hides. In one of these, the anthrax together (Lowe et al., 2009). This might be
was probably derived from Pakistan whilst useful in cases in which semen samples
two cases in Connecticut and one in New were not taken at the time of the alleged
York were shown to have been infected assault or the human DNA evidence was
with the same genotype of B. anthracis not incriminating. For example, the case
(MLVA-8 GT 1), which was thought to have might not be reported to the police until
originated from West Africa. Lack of months after it took place and recovering
information on the epidemiology of anthrax the DNA of a man from the bed sheets of a
genotypes in Africa made it impossible to female family member cannot be
be more precise. The final case occurred considered suspicious and certainly does
in New Hampshire and had a new MLVA-8 not indicate that he had sex with her. At
genotype (GT 149) and as no information present, there are concerted efforts to
other information was available on the identify genetic markers to study the
source of the drums it was not possible to epidemiology of N. gonorrhoeae (Unemo &
determine the geographical origin of the Dillon, 2011) and these could prove useful
anthrax. This study demonstrates the in a forensic context (Black et al., 2009).
effectiveness of genotyping in linking However, unless the strain involved was
infections and determining the source of the particularly rare, it would be difficult to
disease. establish strong proof of association
Naturally acquired infections, between two adults. In the absence of
especially those with a restricted medical records it would also be difficult
distribution, are a potentially useful to establish the direction of transmission.
forensic indicator of geographical origin. This is because N. gonorrhoeae is a
For example, wild animals and plants often common infection among sexually
harbour parasites and diseases that are promiscuous adults (or those who have a
absent from those that are captive bred sexually promiscuous partner) and
owing to treatment or the absence of a therefore if two adults share the same
suitable vector. This might prove useful in locally circulating strain of N. gonorrhoea
cases of alleged wildlife crime in which it is only weak circumstantial evidence of
there is a dispute over the origin of an transmission from one to the other.
animal. Indeed, the illegal trade is However, this would be different in cases
recognised as a potential source of of gonorrhoea in children below the age of
emerging diseases (Rosen & Smith, 2010). sexual consent (Hammerschlag & Guillén,
2010), since N. gonorrhoeae is transmitted
Sexually transmitted microbial diseases almost exclusively through sexual
Sexually transmitted bacterial infections intercourse. Therefore, a child generally
such as Neisseria gonorrhoeae and only acquires the infection through a
Chlamydia trachomatis are highly criminal act having taken place. Martin et
prevalent in many parts of the world (World al. (2007) describe a case in the UK in
Health Organization, 2011) and there are which molecular genotyping of N.
concerns over the spread of multi-drug gonorrhoeae was used to help convict a
resistant strains (Wang et al., 2005; man of sexually abusing a young female
Deguchi et al., 2010). The transmission of relative. The abuse became apparent when

317
the child was diagnosed with the infection ‘Reckless transmission’ of microbial
and the same rare sequence type was diseases
identified from stained regions of the The fear generated by the Acquired
suspect’s underpants. The acceptability and Immune Deficiency Syndrome (AIDS)
strength of the evidence was never tested epidemic stimulated many countries to
in court because the accused confessed introduce legislation that makes it a
when presented with it before the trial. criminal offence for a person who knows
Perinatal transmission of N. gonorrhoeae that he/she is carrying Human Immuno-
can occur when the mother has an active deficiency Virus (HIV) to fail to inform a
infection, but is usually manifested as an sexual partner of their condition and then
ophthalmic infection in babies rather than transmit the infection to them through
in the genitalia (Woods, 2005). According unprotected sex. This is often referred to as
to Goodyear-Smith (2007) it is also ‘reckless transmission’ and can be
important to consider the possibility of punishable by imprisonment (Weait, 2005;
contaminative transmission of this Bruce-Chwatt, 2012). This has proved
organism, because under suitable highly controversial because some
conditions, the bacterium can remain commentators have argued that this will
infective on discharges, contaminating make people less likely to undergo
hands, communal towels, and clothing for voluntary testing for the disease: if one does
several hours or even days. This is thought not know for certain that one is HIV-
to explain instances of N. gonorrhoeae positive then one cannot be accused of
infections spreading rapidly among pre- knowingly transmitting it (Lowbury &
pubertal girls living in children’s Kinghorn, 2006). HIV, like other RNA
institutions reported during the late C19 viruses, exhibits a rapid rate of mutation
and early C20 (Goodyear-Smith, 2007). and it is therefore not possible to match
Ahmed et al. (1992) described an exactly the viral profile of alleged donor
‘epidemic’ of gonorrhoea among young girls and recipient. Neither is it possible to
living in a Somali orphanage which they demonstrate the direction of transmission
ascribed to transmission during sexual or provide conclusive proof that other
abuse by a male guardian. Certainly, the parties were not also involved in the
serotyping evidence (genotyping was not transmission chain (Learn & Mullins, 2004).
available) was incriminating, but it is Consequently, analysis of viral profiles can
possible that after some of the girls were only indicate that the two profiles are
sexually abused the disease subsequently statistically extremely similar. For a
spread by contamination. Chlamydia successful prosecution, further evidence
trachomatis can also be acquired would be required.
perinatally and owing to the high natural It is probable that criminal prosecutions
prevalence of infection among women it for passing on other sexually-transmitted
has been estimated that up to 100,000 diseases will increase once technology
neonates are exposed to infection annually becomes available that can establish a
in the USA alone (Darville, 2005). Most reliable link between the plaintiff and the
neonatal infections give rise to ophthalmic accused. For example, in 2008 in the UK,
disease or pneumonia and they have also a man was jailed for two years for
been implicated in the development of SIDS transmitting Hepatitis B virus to his
(Lundemose et al., 1990). Occasionally, girlfriend (Mohanty, 2009). However, to
neonatal infections can persist for several date, there is limited literature on the
years in a child’s vagina and anus (de criminal prosecutions of individuals for
Barbeyrac et al., 2010) but these are passing on other sexually-transmitted
unusual and infections at these sites in infections, such as gonorrhoea and
children are generally considered to be an chlamydia. A great deal depends upon how
indication of abuse (Black, 1997). the laws of the country are drafted. For

318
example, in England, an often quoted case caused by the accidental release of
is that of R v Clarence which related to spores from a military microbiological
Clarence transmitting gonorrhoea to his establishment (Jackson et al., 1998). With
wife during consensual sex. Clarence was the exception of smallpox, which has been
charged with inflicting grievous bodily eradicated from the world, all the micro-
harm and assault occasioning actual bodily organisms associated with potential
harm under S20 or S47 of the Offences bioterrorism also exist as natural
against the Person Act 1861. However, he infections. One of the most important
was found not guilty by an 11:4 verdict on aspects of microbial forensics is therefore
the basis that although he knew that he to identify pathogens, distinguish malicious
was infected and had not told his wife, she use from a natural outbreak and identify the
had agreed to have sex with him. It has source of infection and transmission chain
been suggested that he might have been (Budowle et al., 2005). This also needs to
successfully prosecuted under S23 of the be done quickly because humans and their
same act that prohibits ‘maliciously domesticated animals and food crops are
administering any poison or other transported around the world in huge
destructive or noxious thing’ (Orr, 1989). numbers every day, allowing rapid spread
Apart from HIV, most prosecutions for of a potential pathogen.
the transmission of sexually-transmitted There are few recorded instances in
infections, especially in USA, tend to occur which individuals have intentionally and
under tort law (Mekel, 2001). In addition, successfully used microbes to harm others
many of these cases are brought against and in most of these cases, the perpetrator
rich and famous people with a view to had specialist knowledge and access to
obtaining an out of court settlement to both facilities and the organisms. For
prevent the case coming to trial or a large example, when a group of laboratory
claim from the defendant’s insurance workers in USA contracted dysentery after
company (Eidsmoe & Edwards, 1999). eating muffins left as a ‘gift’ in their
canteen there was an instant suspicion that
Malicious transmission of microbial a fellow worker was responsible (Kolavic
diseases et al., 1997). This was because the
The deliberate transmission of microbial dysentery was caused by Shigella
diseases is sometimes referred to as dysenteriae type 2 – a relatively rare
‘bioterrrorism’. However, the actions of a human pathogen in USA – and apart from
lone person with a grudge compared with the laboratory workers, no one else was
a terrorist organisation or rogue infected. Furthermore, pulse-field gel
government are usually somewhat different electrophoresis demonstrated that the
in purpose and scale. It is often stated in the workers were infected with a strain
popular press that it would be easy to identical to that stored in the laboratory’s
create and use microbes as biological own (unsecured) freezer.
weapons. However, in practise, without The Rajneesh cult in USA was more
access to dedicated laboratory facilities it ‘successful’ in its use of Salmonella
would be extremely difficult for people to enterica var typhimurium to cause mass
culture and deliver pathogenic organisms food poisoning and might never have been
to their target without becoming infected detected but for the testimony of
themselves or unintentionally infecting disaffected cult members several years
those living nearby and therefore alerting later. The cult was attempting to influence
the authorities before the intended ‘release the outcome of a local election by ensuring
date’. Even government organisations with that sufficient members of the electorate
sophisticated containment laboratories were too ill to vote. Cult members
sometimes allow their pathogens to contaminated the salad bars of local
escape. For example, in 1979 an outbreak restaurants with bacteria they had obtained
of anthrax in Sverdlovsk in Russia was legitimately through their own state-

319
licensed medical laboratory. Salmonella but as he committed suicide in 2008 he was
enterica var typhimurium is not usually never tried for the crimes (Enserink &
associated with large scale food poisoning Bhattacharjee, 2008; Koblentz & Tucker,
and there were several aspects of the way 2010). Molecular typing established that
in which the outbreak developed that were, the anthrax belonged to the Ames strain
in hindsight, suspicious (Morse & Kahn, (RMR-1029) that was developed in USA
2005; Wheelis & Sugishima, 2006). and kept at USAMRID (Bhattacharjee &
However, this bacterial species had been Enserink, 2008; Enserink, 2008). Bomb
associated with a food poisoning outbreak pulse dating demonstrated that the spores
elsewhere in the state earlier in the year were formed at some point in the two years
and the Rajneesh cult never made its before they were posted in the envelopes
involvement known. Somewhat foolishly, (Tuniz et al., 2004). Therefore, they were
cult members retained stocks of the not derived from an old stock that had
bacterium in their commune laboratory so somehow got onto the ‘black market’.
when a police investigation began it was Furthermore, isotope analysis indicated
possible to demonstrate that it was the that the bacteria had grown in a medium
same as that which caused people to containing water from the north eastern
become ill (Török et al., 1997). United States (Ember, 2006; Kreutzer-
The need for specialist knowledge is Martin & Jarmen, 2007) and this provided
exemplified by the unsuccessful attempt further evidence that the anthrax was not
by the Aum Shrinikyo cult in Japan to only a US strain but it was cultured in the
disseminate anthrax in 1993. The cult was USA.
able to recruit many professionals, Although most published instances on
including those with scientific and medical bioterrorism relate to the use of human
training (Olson, 1999). They obtained B. pathogens and to a lesser extent
anthracis through their contacts and domesticated animals (Wheelis et al.,
although they had a basic understanding of 2006), plant pathogens could also
culture techniques, they did not have theoretically be spread maliciously to
enough knowledge to realise that they had affect a farmer’s livelihood or the economy
sourced a non-pathogenic strain (Keim et of a country (Stack et al., 2010). Fletcher
al., 2001). Nobody was harmed by the et al. (2006) have therefore recommended
anthrax and the authorities were not even that microbial forensic protocols should be
aware of the release until several years developed that could be used to quickly
later when the cult was investigated for identify plant pathogens and distinguish
the release of Sarin gas on the Tokyo instances in which they have been
underground (Wheelis & Sugishima, 2006). deliberately spread from natural outbreaks
The anthrax letters sent to media outlets and trace their source.
and two US senators in Washington DC and
New York City in 2001 were much more Microbes as indicators of body fluids
deadly and resulted in 18 people becoming There are established tests for the
infected and 5 of these died. The detection of body fluids such as blood,
subsequent investigation indicated that saliva, and semen in forensic samples
the letters were the work of someone (or a (Gunn, 2009). However, sometimes these
group) with access to sophisticated are not sufficiently precise for certain
equipment and a pathogenic strain of investigations. For example, some of the
anthrax. At present, the contamination of tests cannot reliably distinguish vaginal
the letters is generally believed to have fluid and saliva, which could be an
been the work of a single person who important consideration in corroborating
worked at the US Army Medical Research allegations of the sequence in which events
Institute of Infectious Diseases took place during a sexual assault. When a
(USAMRID). He had both the specialist sample tests positive for both semen and
knowledge and the access to the pathogens vaginal fluid then this would indicate that

320
vaginal intercourse had taken place. The often mixed with saliva and in the process
vaginal microflora consists of a variety of becomes contaminated with salivary
bacteria but is dominated by a few species bacteria. The streptococci which dominate
belonging to the genus Lactobacillus the oral microbiome do not usually
(Jespers et al., 2012). It was once survive for long in the environment
suggested that every woman had a unique (Tagg & Ragland, 1991). However, under
bacterial flora (Redono-Lopez et al., 1990) experimental conditions the DNA from
but this is now not thought to be the case these bacteria has been detected in seeded
(Lamont et al., 2011). However, there is blood placed on fabrics for at least 2-3
evidence that the vaginal microbiome does months (Donaldson et al., 2010; Power
differ between ethnic groups (Ravel et al., et al., 2010). This approach to analysis
2011). Fleming & Harbison (2010) and appears to be potentially useful, but is still
Akutsu et al. (2012) suggest that detecting at the early stages of development. It is also
genetic markers from Lactobacillus worth noting that tests for oral streptococci
crispatus would provide a reliable could not be used to identify stains caused
indicator of vaginal fluids but disagree on by blood that had been sneezed up
the suitability of other bacterial species for (Donaldson et al., 2010). This is because
this purpose. By contrast, Benschop et al. the nose contains a quite different
(2012) retrieved Lactobacillus crispatus microbial composition to that present in the
DNA from the hands, groin, and penis of saliva (Lemon et al., 2010) and therefore a
volunteers and state that no single species different set of DNA primers would be
is a reliable indicator and it would be better required to identify them.
to use microarray analysis to detect a
number of species. Nakanishi et al. (2009) Soil microbes as forensic indicators
have suggested that the detection of oral Soil is a useful forensic indicator that can
streptococci would be a reliable means of link a person, animal, or plant to a locality
identifying stains as saliva. In a small study (Tibbett & Carter, 2008; Fitzpatrick et al.,
group they used PCR to reliably identify 2009; Ruffell, 2010). Analyses are usually
Streptococcus salivarius and to a lesser performed on the mineral and chemical
extent Streptococcus mutans in saliva but composition of soils but their effectiveness
neither species were found in vaginal is sometimes limited by the need for
swabs. However, both species do colonise relatively large amounts of material and the
the vagina, albeit their prevalence tends to lack of soil databases (Zala, 2007). All soils
be low (Rabe et al., 1988). contain an extremely diverse microbial
Blood can usually be identified community but most species cannot be
unequivocally but there can be doubts about cultured in the laboratory. With the
how a stain was caused (James et al., development of molecular techniques, this
2005). For example, it can be difficult to is no longer a problem and there are an
distinguish very small stains resulting from increasing number of studies investigating
impact spatter from those that result from the potential of soil microorganisms as
expirated blood. This can be important potential indicators. Most of these studies
because a person who comes to the aid of have been undertaken using 16-S ribosomal
a dying trauma victim might acquire a fine RNA gene sequencing using terminal
mist of expirated blood on their clothing. restriction fragment length polymorphism
However, an assailant could acquire analysis (T-RFLP) (Smalla et al., 2007;
similar stains while carrying out an Macdonald et al., 2011; Quaak & Kuiper,
assault. Expirated bloodstains typically 2011) or amplicon length heterogeneity-
contain bubbles that are absent from polymerase chain reaction (ALH-PCR)
impact spatter but these may not be (Moreno et al., 2006; 2011). The abundance
apparent if the blood falls onto an absorbent of soil microbes means that very small
surface such as cotton clothing (James et sample sizes are required; also these
al., 2005). Expirated blood is, however, techniques are relatively cheap and can be

321
automated. The results to date have been from the pathogen’s DNA (Lenski & Keim,
promising (Hill et al., 2007; Sensabaugh, 2005). In the case of microbial profiling,
2009) but the reliability of this approach there are currently two main approaches
could be affected if there are major changes that both have their advantages and
in the soil microbial community over short disadvantages. The most commonly used
distances and throughout the seasons. Lenz method is to sequence a single marker,
& Foran (2010) have therefore suggested such as 16S ribosomal RNA, but it is
targeting a more restricted group of soil probable that ‘shotgun sequencing’ of the
microbes such as the nitrogen fixing whole microbiome will become more
rhizobia. widely used in the near future (Haft &
Tovchigrechko, 2012). There is therefore a
need to develop standard operating
CONCLUSION procedures (SOPs) for the collection,
analysis, and interpretation of microbial
This review has demonstrated how the forensic evidence if it is to be acceptable
study of microorganisms can contribute to in a court of law. Similarly, there will be a
forensic investigations in a variety of ways need for quality control (QC) and quality
from the identification of body fluids to assurance (QA) measures, similar to those
tracing the source of a bioterrorist incident. employed by medical laboratories (Pitt &
However, much of the work is still at the Cunningham, 2009) to verify the accuracy
early stages of development. For example, of the bacteriological results. The
although it is possible that the human admissibility of microbial forensic
microbiome differs between ethnic groups, evidence in a court of law will depend upon
there have been relatively few published the legal framework of the country
studies to date and more information is concerned. For example, in USA the
required on how an individual’s ‘Daubert standard’ governs the admissibility
microbiome varies with age, place of of scientific evidence in court. In order to
residence, diet, and health. There is meet the Daubert standard, the evidence
therefore a need for basic research to must be obtained using a procedure that
validate the suitability of microorganisms employs a standardised and validated
as forensic indicators of individuals, protocol which has a known error rate. In
localities etc. Similarly, although there are addition, the procedure must have been
standard protocols for the sampling and published after peer review and considered
identification of microorganisms in clinical ‘generally acceptable’ by the appropriate
diagnostic laboratories, this is usually not scientific community (Harmon, 2005).
the case for the analysis of microbial data Therefore, whilst forensic microbiology
in other contexts. Disease diagnosis usually offers enormous potential to a wide variety
involves identifying the presence of a of criminal investigations, there is a need
specific species of pathogen or one of its for a great deal of basic research before
genetic variants whilst microbial forensics this can be realised.
often involves profiling a microbial
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