The District Court of Limburg grants permission for the use of genealogical DNA databases for kinship research in two cold case cases. The Public Prosecution Service (OM), the police and the Netherlands Forensic Institute (NFI) will now deploy this internationally successful investigation method as part of a pilot, hoping to force a breakthrough in stalled investigations.
Kinship investigation using (private) genealogical DNA databases can provide a solution when all available means of investigation have not led to a breakthrough in a criminal case. By comparing the DNA profile of an unknown dead person or an unknown suspect with the DNA profiles of persons in a genealogical DNA database, (distant) relatives of this unknown person can be identified. With the help of these relatives, it is possible to trace the identity of the suspect or unknown dead person through genealogical research.
The first cold case case in which this method is used concerns a home robbery with fatal results. On August 14, 2004, the Leukel couple from Berg en Terblijt were brutally attacked in their home. An unknown man attacked them with, among other things, a saw. Sjef Leukel (68) died of his injuries at the scene. His wife ended up in a coma, from which she awoke after ten days. The case became nationally known as the "Hill Murder. Despite extensive and lengthy investigations, the offering of a reward for the golden tip and the presence of many perpetrator traces, the identity and motive of the perpetrator have so far always remained unknown.
The other selected case is the investigation of an unidentified deceased woman. Police and prosecutors assume that she was the victim of a crime. Her body was found on January 6, 2013 near the Pietersplas in Maastricht. Despite extensive investigation, the woman's identity is not known to date. This also complicates the criminal investigation into the crime. The kinship search in genealogical DNA databases is the ultimate attempt to determine her identity.
Dave Mattheijs, the prosecutor in Limburg who is leading the investigation in both cases, is pleased that the judge has given the green light. 'These cold cases involve serious offenses and there is sufficient DNA material to create suitable profiles. Through this pilot, the prosecutor and the cold case team of the police in Limburg hope to find relatives of the unknown victim and the unknown suspect, so that we can finally give clarity to the relatives.'
If (distant) relatives come into view, the investigation is not finished. 'For this, any genealogical research must also be successful, and that also depends on the availability and completeness of personal archives and population registers,' says national officer for forensic investigation Mirjam Warnaar. 'With this pilot, we are trying to gain insight into the way in which this investigation method can be used in the Netherlands in the future and which cases could be further considered for this. More cases may follow within this pilot.'
The two databases used for the research are based in America. The vast majority of the individuals in these databases have a northwest European origin, making them well-suited for use in Dutch criminal cases as well. Comparisons are made only with DNA profiles of people who have given explicit prior consent to the database.
Current legislation permits the use of this now internationally proven method. The legal, technical and ethical aspects and, of course, privacy were explicitly considered. DNA profiles are compared once with those of the participants who have given their consent. If the OM receives reports of relatives in the databases, this information is only the starting point of a family tree to be drawn up. These individuals play no further role in the criminal investigation.
Privacy is also maintained in genealogical research by genealogists, under the direction of the OM. The research is done on the basis of available data in public (mostly digital) sources, such as the civil registry, church registers, emigration registers and obituaries. Those persons who are part of the prepared family tree, but do not come into the picture as possible unknown victims or suspects, are further excluded from the research. The genealogical research focuses only on the names of a possible perpetrator or deceased person. Only comparison with the DNA of the possible suspect or deceased person emerging from the investigation can ultimately provide evidence.
