| Defense highlights computer trouble in DNA analysis 3:47 p.m. PST: The computer used to analyze DNA data from a hair found attached to pliers in Scott Peterson’s boat malfunctioned four times during the test, but the glitches did not impact the results, an FBI expert testified Wednesday. Bruce Budowle refused in court to call the glitches “problems,” saying the process was simply re-run and produced valid results. Budowle, on the stand for most of the seventh day of testimony in Peterson’s preliminary hearing on double murder charges, had testy exchanges with defense attorney Mark Geragos, sometimes sparring over word definitions. “When the machine malfunctions is that a problem?” Geragos asked. “It depends on what you mean by problem,” Budowle said. “It didn’t work,” Geragos said. Budowle responded that the machine ultimately did work and produce valid results. Those results showed the hair did not come from Scott Peterson but could have come from his wife, Laci, FBI analyst Constance L. Fisher testified earlier. The hair could be a key piece of physical evidence linking Laci Peterson to the boat her husband said he took fishing on the day she was reported missing. Scott Peterson told police he returned home from fishing in San Francisco Bay to find his wife gone last Christmas Eve. Her body and that of her son were found in April along the bay’s eastern shore, a few miles from where Scott Peterson said he went fishing. The defense is trying to show that mitochondrial DNA testing, which the FBI used on the hair, is a unreliable scientific technique and should be excluded from court. Geragos took aim Wednesday at potential sample contamination. Budowle testified that contamination occurs, but said FBI validation studies show that contamination rates of 10 percent or less do not affect the outcome of the testing. Under cross examination by Geragos, Budowle testified that for the more common nuclear DNA testing, there is no accepted contamination rate. Unlike nuclear DNA, which can be used as a unique identifier, mitochondrial DNA testing can only rule the sample came from certain people. Typically all members of a maternal family line have the same mitochondrial DNA, experts have testified. Wednesday’s testimony was marked by sometimes tense exchanges between Geragos and Budowle, who twice said the attorney had “thrown a lot of things in there and mixed apples and oranges.” Peterson, wearing a gray suit, appeared to be looking over transcripts of testimony in the case as Geragos questioned Budowle. After one rapid exchange the court reporter asked Budowle to repeat his statement. “I said, ‘We can argue back and forth,’” Budowle said, adding to the court reporter, “You want to get that in.” HOME INDEX LACI PRELIMINARY HEARING ALIBI-WITNESS LIST WIRETAPS |
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