More than two years after a quadruple murder that Moscow destroyed, a judge fired the transcript of a recent hearing in the case against Bryan Kherberger-de Man who is accused of putting four students to death in a house outside the campus.
The hearing, which was closed to the public, came after defender Anne Taylor of the defense claimed that researchers acted inappropriate in the use of research genetic genealogy to try to isolate a suspect.
Research genetic genealogy, or IgG, is a relatively new forensic technique that combines DNA analysis with genealogical research. Authorities can take the DNA profile of an unknown suspect and upload it to a public database to find out more about the family members of the suspect. Researchers can use that information and other evidence to build a family tree and identify potential suspects.
But the attempt by the defense to get a judge to suppress the IgG certificate has failed. And Kherberger's murder process is expected to start this summer-with the persecution in search of the death penalty if the 30-year-old is convicted.
Due to a broad GAG command, the prosecutors, lawyers and lawyers for families and witnesses of victims are forbidden to say something public, apart from what is already in the public report.
Here are some of the new details that have been revealed from the transcript of the hearing with closed door:
Detective learned the name of Kherberger only after genetic genealogy
A lead detective in the case, Moscow Police Detective CPL. Brett Payne, said he did not hear the name of Bryan Kherberger mentioned until December 19, 2022 – more than a month after the murders.
“That was a result of research genetic genealogy that was performed by the FBI. We had a phone call that evening and we were told that Bryan Kherberger the name of Bryaler, “Payne testified.
But IGG was not cited in a likely cause of statement
Payne acknowledged that he did not mention the investigative genealogy in a likely cause of Kherberger.
“What led to that decision?” Asked Taylor.
“That decision was a cooperation decision,” the detective replied. “We made that decision in an attempt to independently verify the information provided to us as a tip from the FBI, in almost the same way if we would have another tip in law enforcement. So it was in no way meant to hide information, it was just we can validate Mr Kherberger's involvement in this incident or we can't do that. That was it. “
“As a group effort you decided to deliberately leave that out of your statement?” Asked Taylor.
“Yes, ma'am,” Payne replied.
The DNA of only one person was detected on a Messchede
DNA tests on parts of a Messchede detected a single source, said Rylene Nowlin, an Idaho State Police forensic Laboratory Manager.
The lab tested samples of the mesmantel on “touch -DNA” – which can come in the form of skin cells that are thrown on items that are touched.
An analyst wiped “the whole leather part of the belt, both above and below, and then the bottom of the button”, Nowlin testified. “She didn't put on the top of the button, because that was the most likely place for fingerprints.”
“Unknown Male B” remains a mystery
The defense asked Payne for a blood stain on a handrail that went between the second and first floor of the house.
Lab tests connected the blood to “unknown male B,” Taylor said. The defense asked Payne why authorities were not immediately looking for the identity of unknown male B.
“Why didn't you chase that person?” Asked Taylor.
“At that time we had already received the name of Mr. Kherberger,” the detective answered.
“And what my understanding was, the introduction of another DNA profile in Codis would remove the previous one we had from the Messchede,” he said. Codis is the rural combined DNA index system, which includes DNA profiles of convicted perpetrators, unsolved crime scit and missing people.
“So if the memory serves, the discussion was that we will stop, we will stay with those of the Messchede; If necessary, we can tackle the unknown male B at a later date, “Payne testified.
It was not clear from the transcript whether the detective pursued the identity of unknown male B at a later date.
Idaho authorities traveled with the DNA to Texas
The State Police of Idaho had a contract with the Othram Laboratory based in Houston for certain types of forensic work, Nowlin said. Othram specializes in DNA sequencing in combination with genealogy map.
“That DNA monster was personally delivered to them at Othram Labs by Moscow Police Department,” testified the director of the Idaho State Police Laboratory System Matthew Gamette.
“I accompanied the officer from Boise to Houston and to the Othram Laboratory. I had no possession of the sample, but I was with the researcher who did. “
After the Idaho authorities had delivered the DNA monster, Gamette remained in contact with Othram “about what kind of analysis we asked to do, also what kind of searching,” he said.
“I remember that they specifically asked for permission to make certain species search. We had to authorize things through memos and what did not do from those who looked for certain, in particular I believe it was FamyTeedna for which they needed an authorization, “Gamette said.
Many popular genealogical sites do not allow searches for law enforcement
Famyteredna is one of the two most important genealogical databases that can look for law enforcement, Payne said.
Another genealogical database that can use law enforcement is GedMatch Pro, Genetic Genealog LeaH Larkin testified.
“Those are the only two databases of a significant size that allow [forensic investigative genetic genealogy] Search, “Larkin said.
“Ancestor forbids it, 23and forbids it, MyHeritage forbids it.”
Many of the largest genealogical sites are suitable for customers who just want to know about their origins – and may not want their DNA data to be used by law enforcement.
In recent years, after law enforcement used some of the most popular genealogical sites for criminal research, many companies have changed their service conditions.
An expert claims that authorities have used an unauthorized database
Othram, the laboratory company in Texas, stopped his work for the business on December 10, 2022, Taylor said. “The FBI took over and we heard that they had made an identification nine days later on December 19,” said the lawyer.
That timeline is significant “because the Othram matches, as in their own words in their report, those competitions were low,” Larkin testified.
She noted that Othram had recommended to test four brothers “to get more information.”
But “if you went out and if you approached those men, and even if one of them said: yes, you can test my DNA, testing would have taken some time; getting a kit for a person, getting the spit, Sending the lab, having it analyzed.
“So go from low competitions to an ID or at least one tip, whatever they called it within nine days, that they told me that they had gone into a database in which they should not be.”
CNN contacted the FBI for a response to the accusation that it used a genealogical database inappropriate. Public prosecutors did not respond directly to that claim during the hearing.
Larkin said that she also saw “screenshots of GedMatch” in e -mail communication.
In contrast to GedMatch Pro, which is smaller and makes searches of law enforcement possible, “GedMatch is only a super open database” and does not allow searches for criminal investigations, Larkin said. GedMatch has many more users and “every kit in the public system, you can see their competitions.”
'So if you are in GedMatch and I am in GedMatch and let's say we were cousins, I could go inside and look at my kit and I would see you in my match list, but I would also be in your kit Being able to go and see me your match list, “Larkin testified.
In GedMatch Pro, law enforcement may not see the same competitions.
In the end, the FBI admitted that they had been uploaded to MyHeritage “-a database prohibited for law enforcement, Larkin said, referring to a document that was shared with the court.
What happens afterwards
The Kherberger process is expected to start in August and the last months. Prosecutors have said they will look for the death penalty if Kherberger is convicted.
In the meantime, the families of victims Madison continue to be allowed, Kaylee Goncalves, Xana Kernodle and Ethan Chapin the long wait to learn the fate of the suspect.
But the Goncalves family expressed relief that the judge did not suppress the evidence of genetic genealogy.
“We are grateful to the court for a timely decision and appreciate the work [the] The persecution has been set up so far, “the family posted on Facebook last week.
“In the great image of life, justice is only a few moments removed.”
CNN's Taylor Romine and Eric Leeson has contributed to this report.
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