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Speaker 1: What's up, everyone, and welcome back to the program. In

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this episode, we're going to dive right back into those

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core documents and we're going to take a look at

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an C. Taylor's declaration in support of defendants third Motion

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to Compel Case number c R twenty nine DASH twenty

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two DASH zero zero zero two eight zero five. State

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of Idaho Plaintiff first Brian C. Coberger, the defendant I

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and C. Taylor do state and declare one. Council for

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mister Colberger filed a specific request for discovery related to

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the DNA in this case, titled Defendant's third Supplemental Request

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for Discovery two. The State filed a specific response to

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that request. After reviewing the materials provided. The following remains

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to be discovered. A request three profiles uploaded to a

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DNA database. The State has provided information related to this

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request for the seized item, the knife sheath only. The

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defense has requested all DNA profiles, including three additional unidentified

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mail DNA profiles developed during the course of law enforcement's investigation.

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This information has not been supplied. B Request six Communications.

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The State has not provided all emails, text messages, electronic messages,

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or other messages and conversations regarding biological testing in this investigation.

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See Requests nine to ten Unexpected Results and corrective Actions.

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This request has been partially complied with. However, the response

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lacks the full scope of the request. Six months before

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and six months after testing related to this investigation, Further

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information relating to all lab personnel has not been provided. Three.

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Part of the third supplemental discovery request was for materials

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related to genetic genealogy testing A. The State is objected

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to this request in its entirety and has filed a

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motion for a protective order. Counsel for mister Colberger requests

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this Court consider the contemporaneous objection to the State's motion

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and declaration in support of the motion to compel. The

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requested discovery is properly sought. Pursuant to Idaho Criminal Rule sixteen.

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This discovery is necessary to the preparation of mister Colberger's defense. One.

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Council for mister Colberger has reviewed the materials provided in

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the case regarding the DNA testing laboratory reports, bench notes,

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and photographs. Further experts in the field of genetic genealogy

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and DNA have consulted and offered information and guidance. The

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state acknowledges it used genetic genealogy testing in this case,

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but claims it does not have to produce the records.

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In the specific request for discovery, the defense disagrees two

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Council has learned through consultation with experts and sources reference below,

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that the use of genetic genealogy databases does not necessarily

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lead to a single individual as a potential suspect, and

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that reports of these searches often reference multiple individuals for

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further investigation and DNA testing. In fact, the state acknowledges

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such in its motion for protective order when it acknowledges

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hundreds of relatives Page five Motion for Protection Order. The

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testing conducted by a private lab is completely different in

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nature than the testing done by forensic labs. Genetic genealogy

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labs do not generate a profile in the same way

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that forensic labs do, and there cannot be a direct

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comparison between the data obtained in this case by the

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Idaho State Forensic Crime Lab and the private lab. The

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tests used by a private lab are either SNP single

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nucleotide polymorphisms or whole genome sequencing. These tests are similar

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to the methods used by commercial services such as twenty

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three and meters and ancestry dot com. Now you see

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why I added the Beginner's Guide to DNA for people

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who might not have any idea what we're talking about.

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That'll give you a bit of a reference point. Three.

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Based upon information from experts in the field, I have

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learned that once a genetic genealogy profile is created and

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the testing by the private lab is completed, the profile

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is uploaded to a database that contains similar data from

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other individuals. Once the genetic genealogy profile is uploaded, the

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profile is compared within that database and relatives are identified.

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Number four. It is my understanding that once possible relatives

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have been identified, their identities are used to construct a

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family tree to identify possible suspects, using public records and

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in some instances contacting individuals for further family information. This

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process leads to a pool of individuals rather than one

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specific individual. The possibility of other relatives who might be

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similar to mister Colberger is extremely important to the defense

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in this case. The processes used in this method of

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identification may be extremely important to mister Colberger's defense. The

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timing and steps utilized are extremely important to mister Colberger's

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investigation and defense. Five. I have reviewed a copy of

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an Idaho State Police announcement dated July twenty eighth, twenty

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twenty one that the Idaho State Police Forensic Service Laboratory

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secured a grant the fund genetic genealogy testing for unsolved

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Idaho cases see attached exhibit A. ISPFS contracted with Authrum

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Laboratories in Texas. The bad news for the defense here

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Authroom is one of the premier laboratories in the business.

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And if AM's getting the results they're getting, chances are

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your client's cooked. Number six. The US Department of Justice

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issued its Interim Policy for Forensic Genetic Genealogical DNA Analysis

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and Search in twenty nineteen. The policy describes the process

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that law enforcement engages in during these searches and the results.

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In limitations of the method, the identified individuals are one

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or more or genetic associations. That means that the door

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of the forensic or a reference sample may be related

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to a service user emphasis added, which may require additional

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investigative work and testing. If a suspect is identified, the

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agency is required to retain all FGG profiles, account information

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and data for potential use during prosecution and subsequent judicial proceedings.

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See attached Exhibit B number seven. A new collaborative, National

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Technology Validation and Implementation Collaborative was established in twenty twenty two.

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Its purpose is to collaborate and formulate methods and policy

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for labs and law enforcement to establish forensic investigative genetic

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genealogy programs. The collaborative contributed to a forensic science journal.

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The publication includes contributors from Idaho Aileen noauln Idaho State

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Police Forensic Services, and Alana Minton, Office of the Attorney General,

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State of Idaho. This publication includes reference to the aforementioned

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US Department of Justice interim policy. Of particular note is

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the policy of release of information in accordance with rules

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of discovery see attached Exhibit C number eight. I am

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aware of specific news reports in this case regarding mister

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Coberger's DNA, as published by The New York Times on

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June eleventh, twenty twenty three, that FBI personnel work with

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the profile that Atham had produced, spending days building out

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a family tree that began with distant relatives number nine.

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The New York Times source have more information than the

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State has disclosed to the defense. This New York Times

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article generated intense media coverage and interest, the scope of

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which is explained in the true scope report attached as

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Exhibit D Number ten. In addition, mister Coberger's defense team

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has discussed the use of stats in this type of

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case with experts who have informed me that the manner

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of identifying mister Coberger via this type of search may

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have significant impacts on the statistical analysis of the CODIS

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profile generated by the Idaho State Police Lab. Without access

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to the actual genetic genealogy search methods and results, it

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is impossible for qualified experts to address these issues. Number eleven,

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Council for mister Colberger notes that the state utilized a

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statistical analysis number to claim a high likelihood of a

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match between the DNA on the sheath and that of

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mister Coburger. The State, by its own admission, has taken

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a number of steps to identify mister Coberger as a match.

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The statistical probability is not an absolute The size of

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comparison sample and the nature of the search are important

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to ascertain conclusion bias, and finally, number twelve, mister Coberger

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has a right to effective assistance of council. He has

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a right to confront evidence. Counsel must undertake a thorough

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investigation of all parts of the case the state brings

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against mister Coburger. As such, the genetic genealogy investigation and

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process is necessary for the defense team to do its job.

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I declare, under penalty of perjury, that the foregoing is

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true and correct, and that those matters stated upon information

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and belief are true to the best of my knowledge.

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Dated this twenty second day of June and signed by

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Anne Taylor. All Right, folks, that's going to do it

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for this one. All of the information that goes with

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this episode can be found in the description box Hello

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and