Judge may accept DNA evidence

Last Updated: November 14, 2003, 03:41:00 PM PST

3:37 p.m., PST: Judge Al Girolami is leaning toward allowing mitochondrial DNA evidence in Scott Peterson’s ongoing preliminary hearing, the judge said this afternoon.
But he agreed to hear one last argument from each side. Girolami did not say if he intends to issue a ruling when court adjourns for the day at about 4 p.m.

A subhearing on mitchondrial DNA testing has been woven into the larger preliminary hearing since it began Oct. 29. The Peterson proceeding is breaking new ground because mitochondrial DNA analysis has never before been used for forensic evidence in California courts.

Two FBI experts have testified that such testing is accepted in the scientific community, while a defense expert said it is unreliable and vulnerable to contamination.

Edited to add: For the rest of this story, please visit link above.

Edited again to change title, it is now being confirmed, Judge is going to allow the MitoDNA evidence into court.

Just says prosecution CAN admit the hair into evidence and Mito DNA can and will be admitted as evidence in this case against Scott Peterson.

This ruling comes after four weeks of consideration.

MitoDNA has never been used as evidence in a court in CA.

Prosecution is likely seeking the death penalty.

Two FBI experts have testified mito dna is accepted and reliable. One said it was not.

Boy am I confused. I know they used mitochondrial DNA in the Westerfield trial. On the forum we discussed the fact that the hairs found in his house and motorhome were "consistant" with a child of Brenda Van Dam. They determined this via mitrochondrial DNA. Am I rememembering things wrong?

Under questioning from prosecutor George "Woody" Clarke, Holland said the Virginia-based lab was able to do nuclear DNA tests on the hair from the bathroom because the root was still intact. He said an intact root usually means a hair was forcibly removed, not shed naturally."

The statement assumes that the hair was not planted. The odds given do not take into account the possibility that someone planted the hair in Scott's boat nor the hair in DW's sink. Also, the fact that a root is intact on a hair could mean that Danielle washed her hair in the sink. It could also mean she combed her hair there. But none of those possibilities were ever mentioned nor explored by the prosecution or defense. Similarly for Scott, the hair is not conclusively Laci's. It has two strands, supposedly broken after taken into evidence, yet of different color. The possibility of being planted by police is there, whether anyone mentions it or not.

DOJ expert testified that the pliers were rusted and hadn't been used for some time.

Understanding mitochondrial DNA, a.k.a mtDNA

http://www.talkorigins.org/faqs/homs/mtDNA.html

EDITED to add the link, search google, loaded with information.