We have a five-year old sexual assault victim with genital warts. We are getting the victim's warts biopsied so that we can get DNA from the warts. I need DNA from the suspect's warts. Therefore, I need to biopsy the suspect's warts. Here's the question: How on earth do I word the subpoena?

Bethany

[This message was edited by Bethany on 05-29-07 at .]

With rubber gloves.

But seriously, just say what you have to say. Being delicate might not meet the four corners rule.

Well, You'll need a search warrant for a DNA sample. If you are wanting to photograph the suspect's genitalia, then include that in the search warrant.

I've never heard of a subpoena compelling a biopsy. I would draw a similar parallel to the recent case of the DA's office wanting to extract a bullet from the body of a suspect.

And I would consult with several docs before I sought to obtain via search warrant, a dna sample via biopsy from his genital warts. I would talk to physicians specializing in STD's, as well as an OB/GYN.

I'm no expert on warts, wheresoever located, but the questions I'd be asking are:

-is it possible to dna match the warts on your victim to the alleged warts on your suspect? If it is, wouldn't comparing the suspect's dna to that of the wart from the victim be enough? In 2005, I checked in a similar case of a very young child who had contracted genital and anal herpes and who made outcry of agg sexual assault and was told there was no way to match the virus with the offender. Our problem was solved when offender admitted having the virus and committing the offenses.

- Restated another way, if you can tie the dna of the donor of the warts to the victim's warts, is a biopsy of the suspect's warts necessary to tie the warts to the suspect? In other words, wouldn't a buccal swab give the same dna results?

And one more friendly piece of advice. I'd talk to Ted Wilson at Harris County, as well as perhaps Suzy Morton in Fort Bend regarding the legal and liability aspects of attempting to ask a judge to command a biopsy of a suspect.

And Dan is right, being straightforward with the subject matter is the best way to proceed in the affiant's belief.

My understanding is genital warts can come and go without any warning. Trial might come around and the defendant could produce a doctor saying I examined him and couldn't find any warts, and that would absouletly correct! Be careful of that.

I'll defer to your experts if you can somehow DNA link warts from defendant to warts from victim.

It might be helpful, if at all possible (in light of the mysterious appearance of genital warts) to find a few of the defendant's past sexual partners who could honestly say that: (1) they'd never been treated for genital/anal warts before having sexual contact with the defendant; or (2) they personally saw warts on the defendant's genitals. It might only make rebuttal evidence, but it's impact would be great!

i would refrain from using euphemisms such as "lap rocket", "nether rod" or "dude piston."

if possible.

The Newell is back.

I was curious to see what I could discover about DNA typing of the HPV (virus) that causes genital warts. Although in some cases the HPV strain can be identified via DNA testing, it does not appear that the specific donor could be identified via DNA testing. I suppose that if suspect and victim were infected with the same strain of virus, that this fact would be more probative than prejudicial but I wonder what the stats are on the various strains in existence.

Here is some of what I found:

Genital Warts/HPV
by Georgan Gregg

Without symptoms, males are difficult to test for HPV. It�s impossible to prove that a male has HPV unless he has visible genital warts or a positive Digene Hybrid Capture� HPV DNA Test from a swab a urologist (doctor specializing in genitals) can take from the urethra. Even if warts aren�t present & the Digene Test is negative, it does not prove that he does NOT have HPV.

The most accurate method of detecting an HPV virus infection is DNA testing. DNA is the genetic material present in all living cells. Each HPV viral type has its own unique DNA. Samples of genital skin cells can be collected & tested for the viral DNA. However, not all infections can be found even with these sophisticated tests, nor can DNA testing find all the viral types. That means it is impossible to be 100% sure if or which HPV infection is present.


http://ocw.mit.edu/NR/rdonlyres/Health-Sciences-and-Technology/HST-071Fall-2005/61ACB40F-2520-4751-929B-2F2CBDC82E19/0/genital_warts.pdf

This site at Harvard/MIT says: "Tests to detect HPV DNA have little value in the diagnosis and management of external genital warts".

And at the CDC website
http://www.cdc.gov/std/HPV/STDFact-HPV.htm

is this interesting information:

Most women are diagnosed with HPV on the basis of abnormal Pap tests. A Pap test is the primary cancer-screening tool for cervical cancer or pre-cancerous changes in the cervix, many of which are related to HPV. Also, a specific test is available to detect HPV DNA in women. The test may be used in women with mild Pap test abnormalities, or in women >30 years of age at the time of Pap testing. The results of HPV DNA testing can help health care providers decide if further tests or treatment are necessary.

More importantly, it also says:

No HPV tests are available for men.

and

Most people who have a genital HPV infection do not know they are infected. The virus lives in the skin or mucous membranes and usually causes no symptoms. Some people get visible genital warts, or have pre-cancerous changes in the cervix, vulva, anus, or penis. Very rarely, HPV infection results in anal or genital cancers.

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Originally posted by David Newell:
i would refrain from using euphemisms such as "lap rocket", "nether rod" or "dude piston."

if possible.

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Shouldn't be too hard. I think I've managed to go my whole life without even hearing any of those terms before. Now, I can think of some others...

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Shouldn't be too hard.

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Now that's just an invitation to run with it.

Since I have been recently characterized as a "regular" forum poster recently by the blogeratti, I want you to note the serious nature of my responses to this thread.

Besides, I can't top Newell, notwithstanding the fact I have never heard any of the terms David mentions.

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Originally posted by Dan Bradley:

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Shouldn't be too hard.

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Now that's just an invitation to run with it.

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Please, please, please, don't!