Green light for use of genealogical DNA databases

The Limburg court gives 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 Dutch Forensic Institute (NFI) will now use this internationally successful detection method in the context of a pilot, in the hope of forcing a breakthrough in stalled investigations.

Private DNA databases

Kinship research using (private) genealogical DNA databases can provide a solution when all available investigative resources 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 people in a genealogical DNA database, (distant) relatives of this unknown person can be identified. With the help of these relatives, it is possible to determine the identity of the suspect or unknown dead victim through family tree research.

Cold case Hill murder  

The first cold case case in which this method is used concerns a home invasion with a fatal outcome. On August 14, 2004, the Leukel couple from Berg en Terblijt were brutally robbed in their home. An unknown man attacked them with, among other things, a saw. Sjef Leukel (68) died on the spot from his injuries. His wife ended up in a coma, from which she woke up after ten days. The case became nationally known as the 'Heuvel Murder'. Despite extensive and lengthy investigation, the offer of a reward for the golden tip and the presence of many perpetrator traces, the identity and motive of the perpetrator have remained unknown until now.

Unknown deceased woman

The other selected case is the investigation of an unknown deceased woman. The police and the Public Prosecution Service assume that she has become the victim of a crime. Her body was found on January 6, 2013 near the Pietersplas in Maastricht. Despite extensive research, the identity of the woman is still unknown. This also complicates the criminal investigation into the crime. The kinship research in genealogical DNA databases is the ultimate attempt to discover her identity.

Hope for breakthrough

Dave Mattheijs, the public 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 facts and there is sufficient DNA material available to create suitable profiles. Through this pilot, the Public Prosecution Service 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 provide clarity to the relatives.'

If (distant) relatives come into the picture, the research is not finished. "For this to happen, any family tree research must also be successful and that partly depends on the availability and completeness of personal archives and population registers," says national forensic investigation officer Mirjam Warnaar. 'With this pilot we are trying to gain insight into how this detection method can be used in the Netherlands in the future and which other cases may be eligible for this. More cases may follow within this pilot.'

Guarantees

The two databases used for the research are located in America. The vast majority of people in these databases have a Northwest European origin, which makes them also useful for Dutch criminal cases. The comparisons are made exclusively with DNA profiles of people who have given explicit prior permission to the database.

Current legislation allows the use of this internationally proven method. Legal, technical and ethical aspects were specifically taken into account, and of course also privacy. The DNA profiles are compared once with those of participants who have given permission for this. If the Public Prosecution Service receives reports of relatives in the databases, that information is only the starting point for a family tree to be drawn up. These persons play no further role in the criminal investigation.

Family tree research

Privacy is also guaranteed in family tree research by genealogists, under the direction of the Public Prosecution Service. The research is based on available data in public (often digital) sources, such as civil registers, church registers, emigration registers and obituaries. The people who are part of the family tree, but do not appear as a possible unknown victim or suspect, remain outside the investigation. The family tree research is only focused on the names of a possible perpetrator or deceased person. Only comparison with the DNA of the possible suspect or deceased person resulting from the investigation can ultimately provide evidence.