DNA results questioned in Smith trial

Mary Meaux
The Port Arthur News

BEAUMONT November 20, 2008 07:55 pm

— The fate of Wesley Joel Smith hinges on a single roll of gray duct tape and interpretation of the DNA collected from the roll.
But the two DNA specialists called to testify, one for the prosecution and one for the defense, differed on two issues.
Prosecution witness Jane Burgett, a Texas Department of Public Safety criminologist, performed DNA testing on items recovered by law enforcement at the scene of the gruesome murder of Tonia Lynn Porras in 2005.
DNA was taken from three areas of the roll of duct tape; the top and bottom and the gray side of the tape. These are considered “unknown” DNA since the crime lab did not know whose DNA was on the tape. Later, “known” DNA from the victim and suspects were analyzed against the unknown DNA.
Some of the DNA collected was small in quantity and had to be amplified in order to analyze the genetic material.
When Burgett performed the analysis she found a genetic marker and passed the information to CODIS, or Combined DNA Index System, a DNA database allowing law enforcement to search for criminals who are in the system.
But later Burgett realized the information she submitted was not of a single person but of two people — Smith and convicted murderer Corey Schuff. The information was deleted from the system and Burgett’s transposition error from her analysis was corrected in official reports on Nov. 18.
Defense attorney Bryan Laine called his only witness, Tim Kupferschmid, director of Sorenson Forensics, to the stand.
Sorenson Forensics is an independent, internationally accredited DNA laboratory based in Utah, according to their Web site.
Kupferschmid said his company received the package from DPS in Austin and reviewed Burgett’s report. He found two problems with the DPS criminologists methodology.
Number one, she should have amplified the DNA two times and not just once. Number two, she changed her interpretation when she saw the final data, he said. He said he would have labeled some of the minor DNA inconclusive.
During cross examination of Kupferschmid, Prosecutor Ramon Rodriguez questioned his work history.
From 2006 to the present date Kupferschmid has worked for Sorenson Forensics, a full service commercial DNA lab. He also served as the director of the Maine State Police Crime Laboratory.
Through a series of questions Rodriguez found that Kupferschmid had not performed bench work, or lab work, other than for continuing training purposes, since the summer of 2003 or 2004.
The expert witness then explained to Laine that he was called upon to look at the case files and not to retest the DNA.
“The bench work was done correctly but there are issues with the interpretation,” he said.
The witness was then passed back to Rodriguez for a final time.
“Is Sorenson being paid,” Rodriguez asked.
Kupferschmid said yes, the lab was being paid for services at $1,600 per day at a day and a half.
Porras, 28, was found in her garage apartment bedroom on Hillebrandt Acres Road by her father on Nov. 5, 2005. Her feet were bound with duct tape and an electrical cord was wrapped around her throat. She had been stabbed numerous times.
Porras’ former boyfriend, Corey Joseph Schuff of Bridge City, was sentenced to life in prison on December 2007. Prosecutors believe Porras had broken off her relationship with Schuff and was planning to move.
Closing arguments will begin at 9:30 a.m. Friday in Judge John Stevens courtroom.