Mystery Writing–Familial DNA

by D.J. Swykert, @djswykertTheDeathOfAnyone

The Death of Anyone (Melange Books; February 2013 trade paperback and ebook formats) is a fictional story in which a Familial DNA search is a key investigative component. This is a unique DNA search technique not in common use, only two states even have a written policy. With forensic evidence increasingly important in solving current real-life cases and now being introduced into trials I thought it would make an interesting plot for a story.

I first heard about the use of Familial DNA working as a 911 operator in 2006. It came up in a conversation with officers working a case. I thought at the time it would make an interesting premise for a book. I began writing The Death of Anyone three years after leaving the department. I had just finished editing a first draft in the summer 2010 when news of The Grim Sleeper’s capture in Los Angeles using a Familial DNA search was released. I read with interest all the information pouring out of L.A. regarding the investigation and the constitutional admissibility issues confronting prosecutors.

The trial of alleged serial killer Lonnie David Franklin, known in the media as The Grim Sleeper, is scheduled to begin in 2015. Franklin will be the first person brought to trial on the basis of Familial DNA evidence in the U.S. Pretrial motions regarding Fourth Amendment civil rights violations have been ongoing for over four years.

The Grim Sleeper was caught because his son’s DNA was the closest match to DNA samples collected at the crime scenes in the database. Investigating Franklin’s son led them to investigate Lonnie David Franklin. But there was no direct DNA linking him to the crime scene until a matching DNA sample was obtained after his arrest. The admissibility issues are being thoroughly tested by defense attorneys.

Many legal analysts believe Familial DNA searches violate Fourth Amendment rights which guard against unreasonable searches and seizures. The courts may ultimately rule that searching among Familial DNA databases for partial matches would constitutionally be the same as the use of a generalized warrant to search someone’s house when there is no prior reason to suspect the person of wrongdoing, which citizens are constitutionally protected from.

Even Thomas Callaghan, the former head of the F.B.I.’s national DNA database, feared that Familial Searches might be legally vulnerable, since courts might view the searches as an attempt to use samples collected for one purpose for a very different purpose.

Just as we would consider it unreasonable to cast a wide net of suspicion without probable cause in general due to concerns of privacy, personal dignity, and unwanted intrusion in the lives of innocent citizens, we should be similarly concerned the identification of a suspect through partial DNA searches will contribute to further loss of freedoms as DNA databases grow and lead to ever more invasive investigative techniques. These are all constitutional issues that will come into play as the use of DNA science continues to progress towards solving criminal investigations and determining the guilt of suspects. Decisions will be made by the courts that will regulate just how invasive of civil rights law enforcement can proceed in the investigation of serious crimes.

I first heard about the use of Familial DNA working as a 911 operator in 2006. It came up in a conversation with officers working a case. I thought at the time it would make an interesting premise for a book. I began writing The Death of Anyone three years after leaving the department. I had just finished editing a first draft in the summer 2010 when news of The Grim Sleeper’s capture in Los Angeles was released. I read with interest all the information pouring out of L.A. regarding the investigation and the problems confronting prosecutors.

These are the same issues confronting Detroit Homicide Detective Bonnie Benham in The Death of Anyone. Bonnie has been transferred from narcotics for using more than arresting and is working the case of a killer of adolescent girls. CSI collects DNA evidence from the scene of the latest victim, which had not been detected on the other victims. But no suspect turns up in the FBI database. Due to the notoriety of the crimes a task force is put together with Bonnie as the lead detective, and she implores the D.A. to use an as yet unapproved type of a DNA Search in an effort to identify the killer. Homicide Detective Neil Jensen, with his own history of drug and alcohol problems, understands Bonnie’s frailty and the two detectives become inseparable as they track this serial killer.

DJ Swykert is a former 911 operator. His work has appeared in The Tampa Review, Tmp00003Detroit News, Monarch Review, Lunch Ticket, Zodiac Review, Barbaric Yawp and Bull.

His books include Children of the Enemy, Maggie Elizabeth Harrington, Alpha Wolves, The Death of Anyone and The Pool Boy’s Beatitude. You can find him at: www.magicmasterminds.com/djswykert. He is a wolf expert.

 

Elizabeth Spann Craig

View posts by Elizabeth Spann Craig
Elizabeth writes the Memphis Barbeque series (as Riley Adams) and the Southern Quilting mysteries for Penguin and writes the Myrtle Clover series for Midnight Ink and independently. She also has a blog, which was named by Writer’s Digest as one of the 101 Best Websites for Writers. There she posts on the writing craft, finding inspiration in everyday life, and fitting writing into a busy schedule.

11 Comments

  1. Julie MusilAugust 18, 2014

    Oh, I heard about that case! I didn’t realize there was such controversy over the way the DNA was collected. Thanks for the cool information.

  2. Alex J. CavanaughAugust 18, 2014

    Interesting procedure. We’ll have to see if they allow that kind of DNA collection after this trial.

  3. Elizabeth Spann CraigAugust 18, 2014

    Thanks so much for the interesting post, DJ! I’m always thinking about writing a police procedural and this is one of those posts I’ll have to file away.

  4. Margot KinbergAugust 18, 2014

    Elizabeth – Thanks for hosting DJ.

    DJ – Thanks for a fascinating look at some of the issues of DNA Familial searches. It raises all sorts of difficult questions, and it’s an example of a new technology that brings up issues we didn’t even think of at first. It’ll be very interesting to see what happens at that trial…

  5. L. Diane WolfeAugust 18, 2014

    I’d never heard of it before. I don’t think it’s invasive, but the courts might think otherwise.

  6. Claude NougatAugust 18, 2014

    There’s a big DNA scandal that has erupted over here in Italy, when a young girl was found raped and killed and the murderer seems (due to DNA investigation) to have been a man who’s related to her but never knew he was related because his mother never revealed who his true father was…That would make for a great murder story. Alas I don’t write this type of fiction but anyone who does is cordially encouraged to dig up the ins and outs of this case – currently on-going in Italy and keeping everyone awake with bated breath!

    In any case, thanks for sharing this info – very interesting!

  7. Max EverhartAugust 18, 2014

    The Death of Anyone is a real page turner. I enjoyed it very much.

  8. Jemi FraserAugust 18, 2014

    Hmmm, so many legal and moral ramifications. It’s going to be interesting to see how the legalities play out.

  9. Clarissa DraperAugust 18, 2014

    How fascinating to use DNA as a basis for a story. I hope your story sells well.

  10. Carol KilgoreAugust 18, 2014

    Interesting. DNA is a fascinating subject. Good to meet you.

  11. Raquel ByrnesAugust 20, 2014

    Yes I’ve heard of this before. I think I read a case where they were unable to get a warrant for the suspect’s DNA but were able to match it via the familial points from a sample take from his son’s gum. Pretty intense!
    Raquel Byrnes

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