Commonwealth v. Read — Trial ArchiveTess Chart — Direct
169 lines(Whereupon, there was a sidebar conference as follows:)
MR. LALLY: I'm just trying to figure out timing for the afternoon. So do you -- counsel can certainly obviously -- free to change your minds. But I am just inquiring if counsel has any inclination about whether you have no questions for either of those witnesses or any questions with Chart?
MR. YANNETTI: With Chart, I expect I will have no questions. And then you have Porto after that?
MR. LALLY: Correct.
MR. YANNETTI: I think Liza has not a lot of cross-examination.
JUDGE CANNONE: All right. So you'll get your witnesses back on the plane tonight, right?
MR. LALLY: We will. That won't be a problem.
MR. LALLY: So my question is how does the Court want me to proceed? Do you want me to see if I can get another witness here after Mr. Porto?
JUDGE CANNONE: I don't think so. How long are you going to be with the first witness?
MR. LALLY: The first witness? Roughly the same as that.
JUDGE CANNONE: So 20 minutes, half an hour?
MR. LALLY: Twenty minutes.
JUDGE CANNONE: And then the next witness?
MR. LALLY: And then a little bit longer just as there is a little more testing than Mr. Porto did.
JUDGE CANNONE: All right. So it will probably be sometime after three that we wrap up?
MR. LALLY: I would think.
JUDGE CANNONE: Who would be your next witness?
MR. LALLY: I can check and see, because I had initially told him Friday. Trooper Paul. But then the issue is I have Ms. Hyde flying in, who is actually here but is not scheduled -- she is scheduled to land today and then testify tomorrow. So I would want to start with her tomorrow just so I can be done with her tomorrow.
JUDGE CANNONE: Because I'd rather not start with Trooper Paul.
MR. YANNETTI: Agreed. No.
(Whereupon, there was a luncheon recess.)
AFTERNOON SESSION
(Court resumes.)
(Defendant present. Jury present.)
JUDGE CANNONE: Call your next witness, Mr. Lally.
MR. LALLY: Yes, Your Honor. The Commonwealth calls Ms. Tess Chart to the stand.
Whereupon, TESS CHART having been first duly sworn, was examined and testified under oath as follows:
JUDGE CANNONE: Go right ahead, Mr. Lally.
MR. LALLY: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. LALLY:
MR. LALLY: Good afternoon, ma'am.
MS. CHART: Good afternoon.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. CHART: Sure. My name is Tess Chart, C-H-A-R-T.
MR. LALLY: And, Ms. Chart, what do you do for work?
MS. CHART: I'm a forensic DNA analyst at Bode Technology.
MR. LALLY: And where is Bode Technology located?
MS. CHART: It's in Lorton, Virginia.
MR. LALLY: I'm going to ask you some questions just a little bit about your educational background starting with your undergraduate work. Where did you go to school and what, if any, degree did you receive in relation to your undergraduate?
MS. CHART: Sure. I have my Bachelor of Science in molecular biology from Millersville University in Pennsylvania. And then I have my Master of Science in forensic science from Towson University in Maryland.
JUDGE CANNONE: Ms. Chart, I'm going to ask you to keep your voice up really loud. Okay?
MS. CHART: Sure.
BY MR. LALLY:
MR. LALLY: Ms. Chart, if it's at all helpful, that microphone is adjustable. You can move it anywhere you'd like. Now, with reference to your master's in forensic science, when about was it that you received that?
MS. CHART: So I got my degree at the end of 2019.
MR. LALLY: And, following grad school, where did you go from there?
MS. CHART: I was hired directly by Bode Technology.
MR. LALLY: And when was that?
MS. CHART: That was in July of 2019.
MR. LALLY: Now, when you started in July 2019 with Bode Technology, what was your position at that time and sort of what were your duties and responsibilities when you initially began working there?
MS. CHART: So I started as a technologist. So that's someone who will do all of the lab portion of the work in a laboratory. And I helped out with our humanitarian team. So helping identify human remains. From there, I also helped with our criminal cases, as well.
MR. LALLY: And, when you started your work there, what, if any, sort of training did you undergo in relation to your work at Bode?
MS. CHART: So when you first start at Bode Technology, you actually go through a series of lectures and you have a series of readings to go through all of the science that you're going to learn and the background of all of the technologies you're going to use. From there, you will observe a qualified analyst or a qualified person in the lab through everything that you're going to be trained in. And, from there, you'll get a series of sets. So there will be mock samples that you will take through the lab and do all of the testing on that you're going to be trained in. It starts out with having that qualified analyst there with you, and you are able to ask questions and troubleshoot as you go. From there, you'll get a second set that will be no analyst with you, but you're still allowed to ask questions at that point. And then your final set is something we call a competency set. So you take it through the lab and treat it just like you would any other case. And you're not allowed to ask questions, and then you're graded at the end. If you pass that test, you can go through a written exam and then a verbal exam. And then you would take your results from your testing and you defend it in a mock court sample. If you pass all of those qualifications, you can become an analyst or be qualified in whatever technique you're being trained in.
MR. LALLY: And, as far as that sort of training process went, how long was it from the time that you joined Bode Technology to the time that you started doing the work that you do now?
MS. CHART: It's been a rolling process of all of the different trainings that I've had to go through. I'd say it took me about nine months from when I started to be qualified in everything that I do for mitochondrial DNA testing. And then for analysis training, I think it was another six months or so.
MR. LALLY: Now, as far as the lab at Bode Technology, is that an accredited lab?
MS. CHART: Yes, it is.
MR. LALLY: And do you know from whom the lab receives its accreditation?
MS. CHART: Yes. We receive an international accreditation from an association called ANAB, which is just a national standards organization. We are also accredited by the FBI at their quality standards, as well.
MR. LALLY: Ms. Chart, as far as your lab being accredited, can you explain to the jury sort of what that means and sort of what the process is for a lab to be accredited?
MS. CHART: Sure. So all of our testing, all of the things that we report are basically guidelines by an outside body. So everything we do is established and gone through before or as we go through the testing procedures. So we are able to make sure that everything that we do is standardized for the country, all the testing that we perform.
MR. LALLY: And the lab that you work at, Bode Technology, is that accreditation up to grade at this point?
MS. CHART: It is.
MR. LALLY: Now, with reference to your own work within the lab, is there sort of standards of procedure or protocols that you follow in conformity with that accreditation?
MS. CHART: There are. We are under the same standards as all of the other DNA testing at Bode for mitochondrial DNA testing.
MR. LALLY: Now, with regard to your specific work, are you familiar with what's called a proficiency test?
MS. CHART: Yes, I am.
MR. LALLY: And can you explain to the jury what that is and what your experience has been with proficiency testing as far as how often and what it consists of?
MS. CHART: So a proficiency test is how we stay qualified and what we do in the laboratory. So we get an outside test that we treat just like a regular criminal case. We take it all the way through the laboratory and have it reviewed, report our findings. And then it's sent out and we're graded on that performance.
MR. LALLY: And, with reference to yourself, what, if any, issues have you had with regard to proficiency testing over the course of your years of work with Bode Technology?
MS. CHART: I've had none.
MR. LALLY: Now, as far as -- am I correct in that Bode Technology as far as the laboratory is concerned essentially deals with being contracted for work from external vendors?
MS. CHART: Yes.
MR. LALLY: And, by that, I mean as far as you get your work or samples that are submitted from outside of your lab, correct?
MS. CHART: We do.
MR. LALLY: And what are some of the types of organizations as far as the case work that you deal with, like where does it typically come from, what type of agency?
MS. CHART: It can come from anywhere across the United States. And we also have international clients, as well.
MR. LALLY: Now, if I could turn your attention toa specific case that you worked on. When items come into Bode Technology as far as the lab, they go through sort of a check-in process and a chain of custody process; is that correct?
MS. CHART: Yes. That's correct.
MR. LALLY: And, with that, is there sort of a number or something that's assigned to a specific sample that follows it throughout the time that it's at your lab?
MS. CHART: Yes. We call that the evidence item number or E- whatever number it's assigned.
MR. LALLY: Is there also a case number that's assigned as far as different cases or different case submissions?
MS. CHART: Yes, there is.
MR. LALLY: And turning your attention to a specific case that was submitted in January or partially submitted in March of 2024, that came from the Norfolk District Attorney's Office. Are you familiar with that?
MS. CHART: Yes, I am.
MR. LALLY: And the Bode case number on that was CCA2416- 0023; is that correct?
MS. CHART: That is correct.
MR. LALLY: Now, with reference to your work on this specific case number, what were the items that you received and sort of -- what were the items that you received that you eventually did some testing or analysis on?
MS. CHART: So I continued testing for one of the hair samples.
MR. LALLY: And, specifically, again, that's given a specific name as far as the hair sample in this case was EO1; is that correct?
MS. CHART: That is correct.
MR. LALLY: And that as far as for comparison purposes, what, if anything, did you receive in regard to comparison if you were able to generate a profile from EO1?
MS. CHART: We received a reference profile from the victim, John O'Keefe.
MR. LALLY: Now, your specialty within the lab is in mitochondrial testing; is that correct?
MS. CHART: Yes.
MR. LALLY: Could you explain to the jury as far as mitochondrial DNA -- well, let me ask you this first: Are you also familiar with the term known as autosomal DNA?
MS. CHART: I am, yes.
MR. LALLY: If you could, Ms. Chart, explain to the jury first what autosomal DNA is and then what mitochondrial DNA is? And then I'll have another question after that.
MS. CHART: Of course. So what many people are familiar with is what we call autosomal DNA. So that is the DNA that's actually stored in the nucleus of your cell. You get half from your mother and half from your father, and it's what makes you unique. It's what people call the blueprint of a person. But what might be a new concept is that there is actually a second form of DNA that is stored within the mitochondria of the DNA, of a cell. So if you can remember maybe back to any science classes that you had, the mitochondria is the powerhouse of that cell. And, because of that, you can have upwards of hundreds to thousands of mitochondria within just one single cell. And within each of those mitochondria you may have thousands of copies of that mitochondrial DNA. So in cases just like this one where there may not be enough nuclear or autosomal DNA to find, you can go back and try to test for that mitochondrial DNA.
MR. LALLY: And so if you could explain to the jury -- I think you've alluded to it already, but sort of the difference between autosomal DNA versus mitochondrial DNA?
MS. CHART: So mitochondrial DNA, in contrast, is inherited directly from your mother. So you will have the same mitochondrial DNA profile as your mother and then you will also have the same mitochondrial DNA profile as any of your siblings. And it has that maternal inheritance, we call it, that makes it actually a great source for helping identify people. But it can also be used for criminal cases, as well.
MR. LALLY: Now, first with respect to the autosomal DNA, can you explain to the jury sort of the process as far as just in general terms what is the process as far as the testing goes or generation of profile?
MS. CHART: Sure. So we share similar processing methods. So we'll start out by taking a small portion of whatever is sent to the lab, and we call that a sampling. We will take notes on that as to how much we take forward through testing, and that will go into a small tube. From there, we will extract the DNA or take apart all of the cells by adding chemicals. And what we are left with is what we call a DNA extract. So that's actually where I came in in this case. From there, the difference is we will go through what is still called amplification, using the PCR method. That will make a bunch of copies of that DNA to be used later on. But, for mitochondrial DNA, what we are targeting is specifically just the mitochondrial DNA in that extract. From there, we actually go to something that is completely different from autosomal testing, which is DNA sequencing. So DNA sequencing is really just a way that we are able to take those small strands of DNA that we amplified, and we are able to read them almost like letters in a sentence.
MR. LALLY: And the PCR is in reference to the autosomal DNA; is that correct?
MS. CHART: It's for both methods.
MR. LALLY: What does PCR stand for?
MS. CHART: It's polymerase chain reaction.
MR. LALLY: And, when you say as far as the sort of guantification or -- I'm sorry. Is it quantification or quantitation?
MS. CHART: Quantification.
MR. LALLY: Quantification. As far as the quantification step is concerned, how is that sort of physically done? What kind of instrumentality are you using to accomplish that?
MS. CHART: So for mitochondrial DNA, we will actually run the DNA after amplification on a gel. So a long, really what it sounds like, a slab of gel, where we are able to visualize if we obtained any mitochondrial DNA as a band that shows up under a camera.
MR. LALLY: And so with reference to this sample, this EO1, the hair sample, you received at what stage again or what step?
MS. CHART: I received that as a DNA extract. So it was an amount of liquid in a tube at that point.
MR. LALLY: And, as far as in general terms again if you could explain to the jury sort of what are the steps that go into the processing or analysis prior to that step where you received it on the quantifications?
MS. CHART: So it went through sampling. It was received. It was inventoried by the person that opened up the evidence, and a small portion of the hair was put into a tube. And then it went through that DNA extraction. So the hair was dissolved and all of the DNA inside of that hair was released and isolated to just be that DNA extract.
MR. LALLY: And so from that point where you pick it up as sort of the extract, what is it that you're doing with that as far as your analysis goes from there and what type of instrumentality are you using to perform that analysis from there?
MS. CHART: So from there, I am targeting and just trying to find if there is any mitochondrial DNA in that sample. So we will use the PCR method to amplify to see if there is any mitochondrial DNA we can target. And then I will take it through and visualize it on that gel to make sure -- to see if we got anything. That is our quantification step. And then after that, I will take it through our sequencing step. And we do load that on an instrument called the 3130 genetic analyzer.
MR. LALLY: And the 3130 genetic analyzer, how does that work?
MS. CHART: So it actually runs and separates each of the fragments of DNA that we have amplified and visualizes it through a program so we are able to read each letter of your DNA sequence.
MR. LALLY: If I could take you back just a step, are you familiar with a term within your field called a D-loop?
MS. CHART: Yes.
MR. LALLY: And can you explain to the jury what a D-loop is and how that factors into your analysis or testing for mitochondrial DNA?
MS. CHART: So the D-loop is actually the region of the mitochondrial genome that we target. It is targeted because it does not contain any useful areas for the actual function of a mitochondria. So it can change over time, and those changes are what actually are recorded as your mitochondrial DNA profile.
MR. LALLY: Now, as far as the D-loop, what, if any, relationship does that have with respect to certainly the variables within the human population?
MS. CHART: Would you be able to word that --
MR. LALLY: Very poorly put. Let me rephrase. The D-loop, as far as the region is concerned, what, if anything, does that have to do with certain variabilities within the human population?
MS. CHART: Oh, yes. So because there is this variability in that region, it can change over time. And, from that, there are different mitochondrial DNA profiles that are developed across the world.
MR. LALLY: Now, in addition to the extract from the hair sample EO1, what, if any, other items did you receive in regard to comparison purposes?
MS. CHART: So we also received that reference sample from the victim, and that was taken forward for mitochondrial DNA testing, as well.
MR. LALLY: And just for clarity purposes, when you say "reference sample from the victim," you're referring to John O'Keefe; is that correct?
MS. CHART: Yes.
MR. LALLY: And the reference sample that you received in regard to John O'Keefe, was that already an extract, as well, or what, if anything, did you have to do with that in order to obtain a mitochondrial DNA profile?
MS. CHART: So that sample was received -- if I can refer to my notes?
MR. LALLY: Sure.
MS. CHART: So I was not the person to actually do the sampling for this sample. It was received as a small cutting of a swab.
MR. LALLY: And so as far as the small cutting from the swab, what is sort of -- as far as creating a profile from that and creating a profile from the extract from the hair sample, as well, was there any difference in sort of how those two mitochondrial DNA profiles were created?
MS. CHART: No. They were tested the same way.
MR. LALLY: And, based -- well, let me ask this: As far as with regard to the hair sample, EO1, were you able to obtain a mitochondrial DNA profile for the hair?
MS. CHART: We were.
MR. LALLY: And, with respect to Mr. O'Keefe's sample, were you also able to obtain a mitochondrial DNA profile from Mr. O'Keefe's sample?
MS. CHART: Yes, we were.
MR. LALLY: Now, as far as for comparison purposes, what, if anything, did you look at and what, if any, comparison or opinions or conclusions did you draw from that comparative analysis?
MS. CHART: Sure. I can state directly from my report if that's all right.
JUDGE CANNONE: All right.
MS. CHART: So the mitochondrial profile that was obtained from the sample, the hair sample, was consistent with the mitochondrial DNA profile obtained from John O'Keefe. So, therefore, John O'Keefe cannot be excluded as a possible contributor of that hair.
BY MR. LALLY:
MR. LALLY: Now, Ms. Chart, are you also familiar with something called an EMPOP? And, for the record, that's E-M-P-O-P?
MS. CHART: I am.
MR. LALLY: And can you explain to the jury what that is and how that's used as far as any sort of statistical analysis in reference to comparative -- comparisons?
MS. CHART: So it's an international populations database that houses different mitochondrial DNA profiles.
MR. LALLY: And how is it sort of used within your field and how did you use it in this specific instance in relation to the consistency opinion between the hair sample and Mr. O'Keefe's sample?
MS. CHART: So we were able to upload the profile from the hair and see if it was found at all within the population database. We test populations that are popular within the United States to narrow it down. And, within the African-American, U.S. Caucasian and U.S. Hispanic databases that they have, it was not seen.
MR. LALLY: And what, if any, conclusions or opinions are you then able to formulate with reference to the consistency of the hair sample versus Mr. O'Keefe's sample with relation to that EMPOP database?
MS. CHART: Sure. So by not seeing it in the database, this means that we are able to exclude at least 99.895 percent of the population from being a source of that evidence.
MR. LALLY: And is there a certain level or percentage of competence statistically that comes along with that exclusion of 99.895 percent of the U.S. population?
MS. CHART: Yes. We use what is called the 95-percent confidence interval. It is actually a rule that is used for making statistical statements about populations. It is because there are always outliers that we don't include. We take the 95-percent majority of a population when you run those statistics.
MR. LALLY: And so again, as far as your opinion or conclusions based on the comparison, is that the mitochondrial profile from the hair sample was consistent with the mitochondrial DNA profile for Mr. O'Keefe's sample, correct?
MS. CHART: Correct.
MR. LALLY: And that's with a 95-percent confidence; is that correct?
MS. CHART: That is correct.
MR. LALLY: And that's the exclusion of at least 99.895 percent of the population of the United States, correct?
MS. CHART: Correct.
MR. LALLY: Thank you, ma'am. I have nothing further.
MR. YANNETTI: We have no questions, Your Honor.
JUDGE CANNONE: All right. Ms. Chart, you are all set. Thank you very much.
MS. CHART: Thank you, Your Honor.
JUDGE CANNONE: Your next witness, Mr. Lally?
MR. LALLY: Yes, Your Honor. The Commonwealth would call Mr. Andre Porto to the stand.
JUDGE CANNONE: All right.