Lindsey v. People

892 P.2d 281, 19 Brief Times Rptr. 349, 1995 Colo. LEXIS 41, 1995 WL 92778
CourtSupreme Court of Colorado
DecidedMarch 6, 1995
Docket93SC167
StatusPublished
Cited by44 cases

This text of 892 P.2d 281 (Lindsey v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindsey v. People, 892 P.2d 281, 19 Brief Times Rptr. 349, 1995 Colo. LEXIS 41, 1995 WL 92778 (Colo. 1995).

Opinions

Chief Justice ROVIRA

delivered the Opinion of the Court.

We granted certiorari in People v. Lindsey, 868 P.2d 1085 (Colo.App.1993), to consider whether, in view of this court’s decision in Fishback v. People, 851 P.2d 884 (Colo.1993), the court of appeals erred in holding that the techniques employed to calculate the statistical frequency of a declared match in a Deox-yribonucleic Acid (DNA) typing case related to the weight of the evidence and not to its admissibility. Petitioner advances three reasons for reversal: (1) that at the time the DNA evidence was offered there was significant scientific disagreement concerning the validity of the statistical techniques employed; (2) that the district court heard expert testimony regarding the disagreement; and finally (3) that the disagreement has not been resolved but has become more pronounced. We hold that the evidence was properly admitted and affirm the court of appeals.

I. FACTUAL AND PROCEDURAL BACKGROUND

The defendant, Gregory Lindsey (Lindsey), was convicted of first degree sexual assault, second degree burglary, and four habitual criminal counts. At trial, the court allowed the People to introduce evidence that the defendant’s DNA matched DNA samples taken from seminal fluid obtained by medical examination of the victim following the assault. The court also allowed expert testimony regarding the probability that the defendant’s DNA profile would match a DNA profile obtained from a randomly selected African American individual. Lindsey argues that the trial court improperly admitted the DNA evidence because the procedure used to compute the statistical probability of a random DNA profile match was not generally accepted by the scientific community when the trial court ruled that the evidence was admissible.

A. Facts

On February 16, 1988, a man wearing a mask broke into a woman’s Colorado Springs home and sexually assaulted her. She did not look at her attacker who identified himself as a “black man”. She told police she believed the man who attacked her lived next door because the two men living next door were tall and powerfully built, similar to her attacker. Lindsey, in fact, lived next door to the woman, but was not a suspect until after he was arrested in connection with sexual assault on a second woman.

The second woman was sexually assaulted in January 1988, at which time police recovered evidence from the crime scene including seminal fluid obtained from a medical examination of the woman, and from stains on her bedclothes. In May 1988, an intruder again broke into the second woman’s home, and attempted to assault her, but fled when her neighbor telephoned. Lindsey was arrested after the May assault, at which time police obtained samples of his blood. In June 1988, police furnished Lindsey’s blood samples together with evidence obtained at both crime scenes to Cellmark Diagnostic Corporation (Cellmark) for DNA analysis. Cellmark’s report declared a match between the DNA extracted from Lindsey’s blood sample and the DNA recovered from both crime scenes.

Lindsey was originally charged in a single information with sexual assault on both victims. After the court granted Lindsey’s motion to sever the charges, the January 1988 [283]*283assault case was tried first.1 At the trial of the February 1988 assault case the People’s experts testified regarding the probability that Lindsey’s DNA profile would match the profile of a randomly selected African American individual. The estimates ranged from one in 340 billion down to one in 21 million using more conservative frequency calculations.

B. Pretrial proceedings

Prior to admitting the DNA evidence, the trial court conducted proceedings to determine its admissibility under Frye v. United States, 293 F. 1013 (D.C.Cir.1923).

The first Frye hearing was held on September 16, 1988, before the charges against Lindsey were severed. The People presented two expert witnesses who testified regarding the general acceptability of the theories and techniques used to conduct DNA typing.2 Lindsey’s counsel advised the court that no funds were available to retain experts to refute the People’s evidence. The court continued the Frye hearing at Lindsey’s request. On January 10, 1989, after the charges were severed, the parties reconvened to decide the admissibility of the DNA evidence while jury selection in the January 1988 assault case was underway (January 1989 hearing). At this hearing the People recalled Drs. Housman and Garner and presented testimony from an additional expert who testified regarding the general acceptance of the methods used to calculate random match probabilities.3 Again, Lindsey presented no contrary evidence. Following the hearing the trial court ruled that the DNA typing evidence completed by Cellmark was admissible under the Frye test.4

Upon conclusion of the January 1988 assault case, and prior to commencing the February 1988 assault case, Lindsey requested a new Frye hearing, and advised the court the defense was now ready to challenge the admissibility of the DNA evidence.5 In response, the People requested the court to rule that the prior hearings were dispositive with respect to admissibility of DNA evidence. The People referred the court to several recent Colorado cases where trial courts had admitted DNA evidence, together with decisions from Maryland, Florida and New York where courts had allowed DNA [284]*284evidence.6 The court denied Lindsey’s motion for a new Frye hearing and ruled that the Frye test had been met with respect to both the scientific techniques of analysis and the statistical methods of calculating random match probabilities.7 Lindsey objected, arguing Cellmark’s DNA typing procedures, particularly the genetic probes relied upon to isolate polymorphic DNA segments, had not been accepted by the scientific community. In response, the court granted Lindsey permission to file a motion in limine to address his concerns regarding Cellmark’s DNA testing protocols.

Lindsey filed such a motion, and requested that the court suppress the DNA evidence. At the same time he requested reconsideration of the denial of a Frye hearing. The court heard argument on the motion in li-mine in February 1990. Although Lindsey originally objected to Cellmark’s genetic probes, at the hearing his argument focused on the statistical procedures Cellmark used to calculate random match probabilities.8 Lindsey claimed Cellmark’s database was in disequilibrium causing the random match calculations to be unreliable. Because the court had already ruled that the DNA evidence was admissible under the Frye test, the court ruled on Lindsey’s motion in limine by analyzing Lindsey’s objections under CRE 702 and 403. The court summarized the testimony:

The Defendant’s witnesses unanimously agreed that no reliable statistical prediction of probability of a match between two unrelated individuals could be established upon the evidence or the system utilized by Cellmark.

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Bluebook (online)
892 P.2d 281, 19 Brief Times Rptr. 349, 1995 Colo. LEXIS 41, 1995 WL 92778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-people-colo-1995.