Court Filing
EXHIBIT S-5 Amended Supplemental Expert Disclosure: Jade Miller The State has previously disclosed Jade Miller, Forensic Scientist III, as an expert witness in the field of forensic biology and DNA, which includes, but in no way is limited to, DNA extraction, quantification, amplification, analysis and interpretation / analysis (including but not limited to STR data and STRmix probabilistic genotyping). The State hereby incorporates its previous response and attachments field on December 18, 2024, and is hereby supplementing those responses as follows. Miller will provide an explanation of what DNA is. Deoxyribonucleic acid (DNA) is genetic material contained in cells that may be utilized for human identification. DNA may be present on an item in the form of biological materials such as blood, semen, and saliva or may be left on an item when it is handled. Biological evidence and possible / potential DNA evidence is collected for preservation and may be sent for further testing by qualified analysts. DNA can be collected by swabbing an item or by taking a cutting directly from an item. Reference DNA samples can be collected directly from individuals. DNA can be used to identify individuals, link individuals to crime scenes, link crime scenes, as well as exclude individuals from DNA profiles. Miller will explain the four steps of DNA analysis: 1. The extraction of DNA from cells by adding chemicals to break open all the cells to release the DNA. 2. The quantification of DNA to determine how much DNA is present in a sample. 3. The amplification of DNA by generating copies of the DNA). This requires copying EXHIBIT S-5 STATE'S EXHIBIT exhibitsticker.com Amended Supplemental Expert Disclosure: Jade Miller (Sealed) 1 S-5 CR01-24-31665 the specific locations of DNA using polymerase chain reaction. 4. The generation of a DNA profile for comparison. This includes visualizing the DNA profile, which looks like peaks on a graph. Once a DNA profile is created, the data can be interpreted, and comparisons can be made. Miller can be expected to testify at length about her conclusions and interpretations made in Report 26 (Bates Pages 5782-5901), which is that the DNA profile obtained from item 1.1 (from Report 4, Bates Pages 534-594)) matches that obtained from the known reference sample of Bryan Kohberger, item 108. Miller's conclusion (as set forth in Report 26) is that the DNA profile is at least 5.37 octillion times more likely to be seen if Bryan Kohberger is the source than if an unrelated individual randomly selected from the general population is the source. Miller will also testify about CODIS. CODIS is a database managed by the FBI that allows state and local crime laboratories to upload and compare DNA profiles from crimescene evidence and convicted offenders. Use of this database can help to provide links between evidence and crimes and evidence and known offenders. The CODIS database requires that DNA profiles meet specific eligibility requirements prior to being uploaded. These requirements include that a crime must have been committed, the profile was developed from an item related to the crime, and the profile must be attributable to the perpetrator. DNA profiles from victims, nonprobative individuals, and items that are not linked to the crime scene are not allowed to be entered. The laboratory must justify entry of every profile put into CODIS and many factors can influence eligibility. In regard to Male B, this profile was not entered into CODIS based on the location of the profile within the residence and the proximity of the profile to the victims. This was EXHIBIT S-5 Amended Supplemental Expert Disclosure: Jade Miller (Sealed) 2 a large residence occupied by several college students, as well heavily trafficked by other students who may not have lived there. This profile was located on the underside of a handrail within a stairwell, which is a frequently touched area that cannot be directly linked to the crime. It would not be uncommon to find unknown DNA on a handrail within this residence that got there in a manner that was not related to this crime. Also, the proximity of this profile to the victims makes it difficult to ensure it is attributable to the perpetrator. The probative value of this profile (Male B) is not as high as that of the unknown male profile (Male A) obtained from the knife sheath, as the victims were believed to have been stabbed to death and the knife sheath was located next to one of the victims. In regard to Male D, this profile was developed from a gardening style glove located outside the residence in a publicly accessible area. No DNA from the victims was located on this item and a direct link to the crime could not be established. Had DNA from one or more of the victims been located on this item, it likely would have been CODIS eligible. Also, perhaps if this DNA profile had matched Male B, from the handrail inside the residence, there's a possibility it could have been uploaded because there would have been a link to a profile found within the crime scene. At the time CODIS eligibility was determined, Male DNA profiles A, B, and D were unidentified, and it was not possible for lab staff to know who would ultimately be linked to any one item. CODIS eligibility determination was strictly made based on our evaluation of the probative value of each item. EXHIBIT S-5 Amended Supplemental Expert Disclosure: Jade Miller (Sealed) 3