Loren Herzog, left, and Wesley Shermantine were dubbed the “Speed Freak Killers”.

DNA testing of all the remains of victims believed to be have been killed by the “Speed Freak Killers” is pending through the California Department of Justice crime lab. This will be the key to linking the remains found at scenes pointed out by one of the two surviving suspects, to those of missing people believed to have been murdered up to 20 years ago. Some bones and clothing items were found buried underground in a sealed, abandoned well for several years, all of which will tell a story as to who they belong to, through DNA technology.

LINDEN, California — A map drawn by a convicted serial killer has led authorities in California to three separate burial sites, where the discovery of human remains could bring an end to multiple unsolved missing-persons cases, authorities said Sunday.

Investigators recovered more than 300 human bones of varying sizes — as well as coats, shoes, a purse and jewelry — over the weekend from a well on land in rural northern California, said Deputy Les Garcia, spokesman for the San Joaquin County Sheriff.

The search was expected to resume Monday if weather allowed.

The site in Linden, about 100 miles east of San Francisco, was identified on a map drawn by convicted killer Wesley Shermantine who was part of a duo whose methamphetamine-fuelled violence earned them the moniker “Speed Freak Killers”. Shermantine has said there may be 10 or more victims in the area.

The remains and other items were found 45 feet deep in the well on an abandoned cattle ranch, Garcia added.

Childhood friend
Shermantine was given a death sentence in 2001 for the murders of four people dating back to 1984. Prosecutors believed he and childhood friend Loren Herzog, who committed suicide last month, were linked to as many as two dozen killings.

In addition to the site in Linden, authorities were combing two other sites near San Andreas, 60 miles south of Sacramento, where they found human remains on Thursday and Friday near land owned by Shermantine’s family, Garcia said. It was not immediately clear how many people were buried at the three sites.

DNA testing of all the remains was pending through the California Department of Justice crime lab, according to Garcia.

“These bones and clothing items have been buried underground in this sealed, abandoned well for several years,” Garcia said. “We’ll have to see what the human remains tell us.”

A piece of a human skull and bones found Saturday at the ranch will be sent to the Department of Justice in the hopes of identifying them through DNA testing, Garcia said. Dental records identified remains found Thursday in Calaveras County as those of 25-year-old Cyndi Vanderheiden, who disappeared in 1988.

Bounty hunter
Another set of remains were found Friday in the same area, and the parents of a missing 16-year-old girl have said authorities told them that Shermantine said their daughter was buried in that spot decades ago.

A Sacramento-based bounty hunter said the maps that led to the remains were drawn after he struck a deal with Shermantine to pay him $33,000 for information leading to the location of the bodies, although authorities would not confirm that.

“Six months ago started giving up information to me, and we requested maps that in early February were confiscated by the prison and sent to the sheriff,” the bounty hunter, Leonard Padilla, told Reuters.

Herzog was paroled in 2010 to a trailer outside the High Desert State Prison in Susanville. He committed suicide outside that trailer last month after Padilla told him Shermantine was disclosing the location of the well along with two other locations.

I was invited to attend and present at the 2nd Interpol Southern African Forensic DNA Conference held in Pretoria at the end of last year. As always, it is such an honour to be amongst some of the top forensic minds in the world today as well as listen to what the rest of the world is doing with DNA technology for criminal intelligence today. Heartening on one hand and sad on the other, as we are so crippled by the lack of political willpower in SA to make changes in our legislation which would enable us to more fully utilise our DNA database as a crime intelligence tool.

Dr Simon Walsh (Australia) presenting at the Interpol Conference in Pretoria, Dec 2011

I met with the Secretariat of Police, Jenny Irish-Qhobosheane last week who has advised us that the draft policy document, upon which the new DNA Bill will be drafted, should be ready to be sent to us for our comment by the end of this week. Let’s see if that promise holds true.

In the meantime, it is significant to look at the progress of the DNA legislation in England and Wales following the Marper Judgement. Insp Stacey Dibbs ACPO (Association of Chief Police Officers) DNA Staff Officer, who presented at the Interpol Conference last year, informed us that they are expecting Royal Assent on the new draft legislation sometime before Easter 2012. However, she believes that implementation would take quite a lot longer. I have set out briefly below, the salient points of  Insp. Dibbs presentation which discussed the Impact of DNA legislation & the National DNA Database  in England and Wales. This is significant because our Portfolio Committee visited England last year with a view to understanding how they were going to deal with the Marper case judgment, which may have some bearing on what they plan to do with our legislation in SA.

For ease of reference, The National DNA Database in England and Wales is referred to below as the “NDNAD”:

Status of the UK DNA Database: in the wake of the Marper judgement:

NDNAD Governance:

The NDNAD is owned by ACPO – the Association of Chief Police Officers.The data held on the NDNAD is the property of the individual Chief Officers for each police force in the UK (Data Controller).

The operation of the NDNAD:
Under current legislation in England and Wales, DNA is taken on arrest for a recordable offence, in other words, any offence punishable with imprisonment.

The only DNA information from a person that is held on the NDNAD is the DNA profile along with the result of the male/female gender test. The DNA profile can then be searched against unidentified DNA profiles recovered from crime scenes or victims and this profile is retained on the NDNAD and provides a line of enquiry in the identification of a potential offender by generating matches with material recovered from crime scenes or victims.

In a typical month in the UK,  DNA profiles from approximately 3,200 crimes will match with individuals on the NDNAD, roughly split between 300 (9.4%) serious violent crimes and 2,900 (90.6%) acquisitive crime (burglary, vehicle crime etc)

NDNAD Overview:
The National DNA Database Delivery Unit operates the NDNAD.  The work of the Delivery Unit includes quality assurance of the work undertaken by forensic providers. The NDNAD continues to provide police with the most effective tool for the prevention and detection of crime.

Since 1998, more than 300,000 crimes have been detected with the aid of the Database, reassuring the public that offenders are more likely to be brought to justice. During 2008-09 there were 36,727 crimes with a DNA match (which includes cases where the individual had an innocent reason for being at the scene).

Statistics – Summary:
Profiles currently held on the NDNAD:
ca. 5.5 million individuals (end September 2011)
ca. 395,000 crime scene (end September 2011)

The Database provides the police typically with matches against around 800 crimes each week.
These are potential crime detections (Outputs not Outcomes):

When a crime scene profile is loaded to the Database, probability of obtaining an immediate match is over 60% (as of end September 2011)

Current Delivery Model:
The delivery model has grown organically since 1995. NDU now operate the following DNA database services:
National DNA Database
Police Elimination Database
Vulnerable Persons DNA Database
Missing Persons DNA Database
Each database is distinct and separate from the records held on the other DNA databases, but has the same level of security and control as the NDNAD.

Future delivery model:
National DNA Database
Automate all processes currently in operation
Allow flexibility to allow for collaboration between Scientific Support Units
Expand searches to include familial and mixed DNA searching against NDNAD
Explore the possibility to store the actual results rather than the numerical designations
Police Elimination Database
Vulnerable Persons DNA Database
Missing Persons DNA Database
Centralised Y-STR DNA Database
Centralised Partial Profiles Database
Co-ordinated Manufacturers Elimination Database service
Co-ordinated DVI DNA response service
Biometric Vetting of pre-employment recruits

The Results from the National DNA Database (NDNAD):

In a typical month in the UK DNA profiles from 3,000 crimes will match with individuals
on the NDNAD, roughly split between 10% from serious violent crimes and 90%
acquisitive crime

Cold Cases – Results from the re-examination of rapes cases in the MPS

364 cold cases submitted for re-examination
340 DNA profiles obtained that were not from the victim
198 matches to suspects; 63 have been prosecuted, 45 pleaded guilty and 18 convicted by
a jury
12 outstanding unsolved linked series profiles

NDNAD Legislation

Police and Criminal Evidence Act (PACE) 1984 is the Legal Foundation

Criminal Justice and Public Order Act (CJPOA) 1994 is the framework for Database existence and Operational procedures

Changes in the Data Protection Act (DPA) 1998, Access to personal data restricted to authorised persons and Individual can request own information held on Database

Many years ago I met a very special dog, called “Butch”.

Jack Haskins with "Butch" (left)

At first glance, Butch appeared to be no different to any other dog. But Butch was anything but just “another dog”. Butch is a “Biological Body Fluid Detection Dog”, who was extensively trained by his handler, Inspector Jack Haskins, at the Pretoria dog school. Together, the Labrador-cross-Pointer and Haskins assist in obtaining forensic evidence at crime scenes. Butch’s expertise is mainly required in cases where body fluids are invisible to the naked eye. “Butch can detect one drop of blood diluted in 1 000 drops of water,” said Haskins. At the time of meeting this incredible team, we heard that they did not have a camera to record these detections for use in court. The DNA Project immediately raised the money and donated a high resolution digital camera to Jack and Butch so that they could do their job without any hindrances.

At the Interpol Conference in Pretoria last year, I met another two of these amazing dogs “Seun” and “Boras” and their dedicated handlers, Warrant Officers’ van Wyngaardt and Joubert.

'Seun' (left) and 'Boras' with their handlers W/O van Wyngaardt and Joubert in Pretoria, Dec 2011.

These “DNA” dogs, as I like to call them,  are trained to detect body fluids (blood and semen) at crime scenes such as murder and rape, even if the crime scene has been cleaned. They assist forensic teams by narrowing the search to an area as small as within a radius of 10 centimetres. The body fluids they locate can be tested for DNA that can link a suspect to a crime scene or a victim to a crime scene. Even if the crime scene has been thoroughly cleaned, blood can still seep into areas such as the grouting between tiles or skirting boards, under flooring, into clothing seams or furnishings. With their keen sense of smell, these ‘Biological Fluid Detection” dogs are trained to pick up the scent, even where traces of blood have been left at a scene several years ago. For example, Butch detected blood at a scene which was already four years old, where a murder had allegedly been committed and the body had never been found. The house had even been re-tiled, but Butch found evidence of body fluid at the bottom of a cupboard where it had seeped into the wood.

Warrant Officer van Wyngaardt with his DNA Dog, "Seun"

Warrant Officer Joubert with his DNA Dog, "Boras"

A case study:

Butch assisted in the “Pennington case”, where three women were raped at their beach flat in December 2006. Butch had located evidence that pointed forensic experts to DNA linking the rapists to the crime scene. Three men were later convicted and sentenced for the crime.

Another case in which Butch found forensic evidence was the high profile case of Jeanette Naicker, who was murdered in Chatsworth, Durban, in April 2007. She had been killed by her son-in-law, Sadhasiven Chetty, at her home. Chetty had cleaned up the house after the murder and dumped Naicker’s body elsewhere. When it was discovered, he had behaved as though shocked. Haskins and Butch were called to assist in the investigation and Butch detected blood in several places in the house which had been cleaned by Chetty. Chetty confessed to the murder when he could not explain away the blood found in the house.

There are not many of these amazing Biological Fluid Detection Dogs in South Africa; in fact they are quite rare throughout the world. Their usefulness is without question, invaluable in crime scene detection, particularly in South Africa and we hope that we see many more of these incredible dogs being trained in South Africa in the future. Their handlers are some of the most dedicated people I have met, who work under extreme conditions, around the clock and have very little resources made available to them – for instance one dog handler told me that he has to personally print the photos of his dog when he detects evidence, so that this can be used as evidence in court – the vast amounts of ink required for this purpose is paid for out of his own pocket. Some of his colleagues don’t even have a printer to do this nor a camera to take these photos (they have to use their cell phones!) and are forced to find other ways to photograph and print the photos required for court.  Should you wish to know more about these dogs, or would like to help their handlers in any way, please email me on info@dnaproject.co.za and I will forward you their information.

with thanks,

Vanessa Lynch

Tune into Cape Talk [567MW] today, 2 Feb 2012 @ 3.30pm when John Maytham will talk to Chris Asplen about the lack of progress in respect of our DNA Bill and how it continues to impact on the lives of innocent South African’s who are victimsied at the hands of serial offenders.

serial rapist and killer: Jack Mogale

Chris Asplen, a DNA policy expert with U.S. federal, state and international experience has an extensive understanding of the administration of DNA Databases and is recognised as one of the foremost legal experts on forensic DNA technology. He has also worked with the SA government previously as well as the governments of the United Kingdom, Italy,  the Philippines, China, India, Kenya, Croatia, Serbia, Russia, Chile, the Netherlands and several more.
Chris previously commented on how victims of rape are being let down by our politicians who have failed to pass legislation which would ensure that profiles are kept on a DNA database for criminal intelligence purposes to resolve crimes even where there is no suspect. Click here to read more.

Having noticed that the DNA Bill was not written in to the Parliamentary Programme for 2012, I emailed one of the Portfolio Committee members asking her if she could shed some light on this rather alarming omission. Her response was as follows:

“I’ve been assured by the officials that the list of Bills before Parliament changes as new Bills are introduced for consideration by the Portfolio committees, so the Police Portfolio bills for the year should be introduced by the Minister in due course.”

Mrs Chikunga Sindisiwe - Chairperson of the tour has failed to respond to any one of my emails requesting clarity on when the DNA Bill will be reviewed.

Not really satisfied with her reply I responded as follows:

“It doesn’t really answer my question as to where the Bill is and when the committee intend to review it again.   Whose responsibility is it to bring it back to the table? Has the Chairperson indicated to you as to whether your Portfolio Committee are going to get around to reviewing the DNA Bill anytime soon?”

I received a one liner:

“Nothing as yet.  Perhaps when we start our committees the programme section will give us a schedule for the year.”

I read her reply to a few colleagues last night, one of which was a German Prof visiting Cape Town – The Prof’s response was as follows: “SA is so slow and dull. Perhaps it is because we have rotten weather in Europe that we are so much faster and smarter!”.

Moral of the story: we can blame the apathy and inefficiency of our Portfolio Committee for Police on the weather!

Sad isn’t it?

7 months after their overseas study tour, this is where we are. Acceptable? I say not. This needs to be exposed as does the cost of their study tour to us taxpayers. If the study tour was so necessary and urgent, the very least they can do is get down to the business of actually using that knowledge, before it is forgotten, to promulgate legislation which will regulate our DNA Database.

Portfolio Committee Member Dianne Kohler-Barnard who went on the 'study tour' commented that the Committee do recognise, following the tour, that 'legislation is required in SA' to regulate a National DNA Database

I am meeting with Chris Asplen tomorrow and am going to discuss ways in which, from his experience, we can put pressure on our Government to address this ommission and apathy. Chris Asplen, as some of you may already know, is a DNA policy expert with U.S. federal, state and international experience. Chris has an extensive understanding of the administration of DNA Databases and is recognised as one of the foremost legal experts on forensic DNA technology. He has also worked with the SA government previously as well as the governments of the United Kingdom, Italy,  the Philippines, China, India, Kenya, Croatia, Serbia, Russia, Chile, the Netherlands and several more.
Part of the reason he is coming on this trip is because we are looking at the possibility of  setting up an NGO into Africa for awareness into body part trafficking and identification of body parts  through DNA.
However, I think it is a very good opportunity to procure his further commentary on the DNA Bill. In a previous editorial which hit several SA newspaper’s last year, Chris made some hard hitting comments which related specifically to a DNA Database in SA and how victims of rape are being let down by our politicians who have failed to pass legislation which would ensure that profiles are kept on a DNA database for criminal intelligence purposes to resolve crime even when there is no suspect.

It’s time to bring these people to book. Their apathy is more stifling and oppressive than our hot weather and I simply cannot stand it.

Vanessa Lynch

“An ad worth spreading is an ad that people truly want to see and share. It might be hilariously funny or stunningly beautiful or wickedly clever. It might encapsulate a killer idea or promote an inspiring cause, or tell a captivtaing story. Whatever it may be it is one that succeeds at elevating th ecraft of online engagement.” TED

We heard today that our “Cigarette that Saved Lives” ad made it onto TED’s “Ads Worth Spreading” challenge! This is wonderful news and a huge accolade to the incredibly creative team who conceptualised (FoxP2) and produced (EGG Films) this advert for The DNA Project.

If you think our ad is Worth Spreading then please click here to vote for:  An ad worth spreading

The votes don’t totally determine the selection of the top 10 ads, but they do let the organisers know what the crowd favorites are. They count all the votes and monitor the conversation across social media outlets and make their decision.  Whatever the outcome, TED is a pretty cool place to be recognised!

What is the competition all about? With this competition, TED is seeking to reverse the trend of online ads being aggressively forced on users. “We want to nurture ads so good you choose to watch. On TED.com, ads run after our talks, not before. This means they can run longer than the TV-standard 30 seconds. And that’s the key! In 2-3 minutes, there’s enough time to really tell a story, share an idea, make an authentic human connection, become unforgettable. Instead of ambush, they offer pleasurable, intelligent engagement. “

26/01/2012

The following abstract appeared in the latest Quarterly Forensic DNAResource Report
January 2012 For more information see http://dnaresource.com/

South Africa Continues Work on Database Implementation

Universally, one of the most difficult problems faced when integrating DNA databasing technology into any criminal justice system is finding adequate resources and laboratory capacity.    Even when attempts are made through the legislative process to anticipate the laboratory needs created by an effective database, few countries possess the infrastructure to immediately maximize the crime solving potential of DNA. South Africa is a notable exception. If South Africa manages to pass legislation this year establishing an offender DNA database, the South African Police Service (SAPS) will be ready with an automated laboratory system they have been developing for years.

Since 2002, SAPS has maintained an automated system for DNA analysis that is one of the most advanced in the world. However, the lack of legislation establishing an offender database has prevented South Africa from reaping the full benefits of a laboratory system envied by many other countries. With crime statistics showing South Africa to be one of the most sexually violent places on the planet, the SAPS laboratory has both the capacity and technical sophistication to hit back hard. But absent the legislation, tremendous potential goes unrealized.

According to the United Nations, South Africa ranks second for murder and first for assaults and rapes per capita. An average of fifty two people is murdered every day there and the number of rapes reported in a year is around 55,000. It is estimated that 500,000 rapes are actually committed annually in South Africa. In a 2009 survey, one in four South African men admitted to raping someone. Even more insidious, South Africa has one of the highest incidences of child and infant rape in the world. It is a country where it is believed that intercourse with a virgin will cure or prevent HIV/AIDS and where child rape is used as a method of retaliation against another for a perceived wrong. Children are murdered and body parts used for “traditional” medicinal remedies. And in a country also cursed with epidemic rates of HIV/Aids, rape takes on an exponentially tragic dimension.

However, after ten years, it appears as though the South African Parliament is poised to pass legislation in the next year which will unleash the power of DNA and stem the tide of sexual violence. Having taken a study trip abroad to the United Kingdom and Canada this summer, the Portfolio Committee responsible for developing the legislation has fulfilled one of its announced requirements before recommending the legislation to Parliament. They have also received significant input from victim advocates such as Vanessa Lynch, Executive Director of the DNA Project as well as testimony from Chris Asplen of Gordon Thomas Honeywell Governmental Affairs. Significant radio and television attention has also helped drive the Committee to forward the legislation to the full Parliament.

When passed, the South African DNA database legislation will create an investigative tool that, if properly implemented, could not only begin saving lives immediately by removing serial rapists and murders from the streets, but will also serve as a model for neighboring countries and ultimately all of Africa.

Over the last few weeks I have been fortunate enough to witness the coming together of  many people from different walks of life, ages and cultures. Each person has given selflessly of either their time, space or money – they have quite literally put their money where their mouth is insofar as stepping up to the plate, when needed.

Bags being delivered to Rape Crisis, from left Kath Dey, Vanessa Lynch & Francesca Lynch

The result of this collective energy is the delivery of over 200 handbags to various Rape Crisis and Trauma Centres in the Western Cape.

This will help to ensure that every Rape Survivor who receives a bag, will be shown dignity, care and respect at a time when it will be needed the most.

Francesca Lynch sorting out handbags at our offices

The DNA Project agreed to help deliver these handbags in the Western Cape following an appeal by the Jes Foord Foundation which it received earlier this year. Unfortunately, often empty and half filled handbags started arriving at our offices. My assistant, Maya and my sister in law, Francesca were roped in to help tackle the problem of not only filling, but sorting and delivering these bags to the various Rape Crisis centres. Without their tireless dedication, organisation and hard work, none of this would have been possible.

After appealling to a local school, the St Cyprian’s Grade 10 girls set about writing handwritten notes for each of the bags. Not only did they compose a caring note of

Grade 10's at St Cyprian's School writing notes for Rape Survivors

encouragement and care for each bag, but they hand made each card. The CEO of Cyberlogic, Edge Bisset, who works next door to our offices, curious about the boxes of handbags piling up in our small working space, rallied together his staff to get involved and in one day raised R6500 to buy items to fill the bags which were empty or half full. Our Landlord, Jon Maliepaard of enetworks offered us the much needed extra space to sort out the bags which were literally spilling out of my office!

Cyberlogic staff helping to load the boxes of bags ready for delivery

Within two weeks, each bag had been filled, packed sealed, labelled, itemised and delivered – all because a number of unconnected people,  unwittingly connected to make it happen.

What better gift to give at a time of the year which in spite of inspiring love and kindness in most of us, seems to incite rage and violence in others (December and January records the highest number of violence against women and children).

Thank you to all of you who have made a difference to the life of a person whom you will never know and who can never repay you, but who will never forget your kindness.

Vanessa

Maya itemising and labeling each handbag

Egg Films’ Bruno Bossi recently directed The Cigarette That Saved Lives, a controversial commercial for The DNA Project, a non-profit organisation raising crime scene awareness and fighting crime with science with the invaluable support of The Change a Life Trust.
“It came as a surprise, as it does to most people, that we do not have the legislative framework in place to more fully use DNA profiling for crime scene investigation in our country,” says Bruno.
In South Africa, the National DNA Database only has about 133 000 DNA profiles and there are only two South African Police Services labs that can perform DNA profiling on forensic samples.

Conceptualised by Fox P2, The Cigarette That Saved Lives depicts another brutal South African murder but focuses on the evidence that’s left behind, encouraging viewers to never disturb a crime scene as DNA can convict.
The ad is paradoxical: a cigarette saves lives in a commercial where the lead woman dies. “The wonderful thing about this ad is that it creates conversation,” says The DNA Project founder Vanessa Lynch. “Egg and Fox P2 have done a brilliant job.”
Everyone involved with the shoot worked pro bono, from the crew to the rental houses. “This project struck me as one of the more worthwhile causes in our country,” says Bruno. The DNA Project would also like to thank the Change A Life Trust for helping by sponsoring this advert.

Vanessa set up The DNA Project after her father’s murderers went free because DNA evidence left at the crime scene was discarded, destroyed and not properly collected.
“There was only one chance to collect and preserve that evidence, and it was lost,” says Vanessa. “We can never go back, so that crucial link to my father’s killers was lost with it.”

The Cigarette That Saved Lives is currently screening on local broadcasters as part of the 16 Days of Activism for No Violence Against Women and Children between 25 November (International Day for the Elimination of Violence Against Women) and 10 December 2011 (International Human Rights Day).
“Awareness is one of our biggest problems,” says Vanessa. “You can have the laws and systems in place but you only have once chance to gather the evidence before it’s lost forever.”

The Criminal Law Amendment Bill, which proposes an expanded national DNA database, is currently under review by Parliament. Vanessa is available for interviews to discuss the Bill, as well as the gap between shows like CSI and the South African reality. For more information, email info@dnaproject.co.za