Does anyone have any experience with Y-STR DNA testing? That's where they only look at the markers on the Y chromosome. We have a suspect who has had a vasectomy and conventional STR analysis isn't giving us conclusive results. Please contact me if you have dealt with this technology before, or have advice on labs to do it.

Contact the director of the National Institute of Standards and Testing. They are currently working on Y-STR DNA testing in order to provide a scientific foundation for its admissibility in judicial proceedings. His name is John M. Butler. The e-mail is john.butler@nist.gov. The phone number is (301) 975-4049.

I'm guessing that he can give you some labs that can do the testing you need.

Remember, though, that any lab that does the test for you needs to be ASCLD accredited if the test is conducted after September 1st or your results (probably your evidence, too) will be inadmissible.

I never considered the effects of a vasectomy on a criminal prosecution before.

Reliagene Technologies, Inc., performs y-STR analysis. They are located in New Orleans, and their phone is (800)256-4106. You should ask about the size of their database. I got their name from a DNA Analyst at the DPS lab.

The evidence is admissible, regardless of the certification, if there is sufficient sample leftover for additional testing by the defense. At least until September 1, 2005. See Tex. Code Crim. Pro. art. 38.35(e).

How can DPS accredit an out of state laboratory?

We're working on getting the proposed DPS rules related to HB 2703 up on this website soon (in searchable .pdf format).

Under those proposed rules, I think DPS can accredit any lab, in any state, for the purposes of new Art. 38.35 if (a) that lab is accredited by a national accreditation groups and (b) that lab requests DPS accreditation. It should be simple (and at no cost to those labs who are already accredited), if I'm reading these correctly ...

Shannon

So, if a prosecutor is using an out of state lab, the prosecutor needs to have DPS accredit the lab before the testing is done? Or before offering the evidence at trial? This is kind of screwy.