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Chris Tapp may be released soon, thanks to M-Vac, after 7,000 days in prison

No match to Tapp in new DNA testing

Chris Tapp

The results of new DNA testing in the 1996 murder of 18-year-old Angie Dodge are back.

All of the DNA samples which could be sequenced point back to the still-unknown man who left semen, hair and skin cells at the crime scene. There has been no match to Chris Tapp, who is currently imprisoned for Dodge’s murder, or to Ben Hobbs, a man who police suspect was involved in the killing but has never been charged.

The samples come from swabs taken of Dodge’s hands, the T-shirt and sweatpants she was wearing at the time of her murder and a teddy bear found near her body.

John Thomas, Tapp’s public defender, said he was unsurprised by the results. And he said the fact that DNA found on the hand swabs does not match Tapp proves that his confession was false, since Tapp said during that confession that he held down Dodge’s hands.

“It proves beyond a shadow of a doubt in my mind that he was not there,” Thomas said. “His DNA has never been found on any piece of evidence at the crime scene.”

Former FBI supervisory special agents, false confession experts, a DNA expert and a polygraph expert have all in the past two years produced reports concluding that Tapp’s confession was false, the product of psychological coercion by police.

Bonneville Prosecutor Danny Clark said the samples also contained trace amounts of DNA from other males, but not enough to develop a DNA profile.

DNA and fingerprints from other males who were cleared of involvement in the crime, such as Dodge’s former boyfriend, have previously been found at the scene.

Clark declined to speak about what the new evidence means, since Tapp’s conviction is currently subject to litigation. But he said he would support further DNA testing.

“We stipulated to this testing,” he said. “We’ll continue to do that any time there’s testing available to do.”

Tapp has two active motions for post-conviction relief. One argues that some pieces of exculpatory evidence weren’t turned over to the defense at the time of trial, and the other has sought testing of previously untested DNA samples.

The argument of the second motion is that if Tapp were present at the scene of the murder, his DNA should turn up somewhere. And if it doesn’t turn up, then it’s hard to believe that Tapp was involved in the Dodge murder.

“We’re going to ask the court to overturn the conviction based on the new DNA evidence, which shows that Chris Tapp’s confession was false,” Thomas said.

Some of the tests used a relatively new DNA collection system called M-Vac, which uses a sprayer and a high-pressure vacuum to retrieve DNA which couldn’t be retrieved by older systems. According to a video put out by the company which makes the system, M-Vac has been used to solve cold cases, such as the murder of a Utah girl who was killed with a rock. While previous DNA collection systems hadn’t found the killer’s DNA on the rock, M-Vac was able to collect a sample that led to the killer’s conviction.

Meanwhile, Twin Falls private investigator Stuart Robinson, who has been tasked with re-examining the Tapp conviction along with expert reports from wrongful conviction organizations, says he is continuing to investigate the case. But he can’t give a specific date when he expects to release his report.

Robinson, who was given the assignment July 10, 2015, said he had hoped to be finished by now, but the investigation has taken longer than anticipated. Robinson said he hopes to release his report by the end of July, barring major new developments in the case.

Tapp has spent 7,093 days in jail or prison. On August 19, 2017, he will have spent half his life behind bars.

“He’s innocent,” Thomas said.

Tapp’s first parole hearing is 10 years away. By the time of that hearing, he will be 49.

Increasing Investigative Effectiveness and Value

Improving. Getting better. Becoming the best. Other than a few members of Congress, most people naturally aspire to continually improve themselves, their surroundings and their effectiveness. Although exceptions most likely exist, the criminal investigators I know jump at the chance to increase their crime solving skills through study, training and hard work, and they definitely take advantage of any tool they can leverage to gain even more benefit. Regardless of the type of tool, if it will help solve a crime, investigators want it used in their case. DNA profiling is one tool that has become critical in its application, and by improving the strength and discrimination of a DNA profile, the value to a case increases exponentially.

So how do we, as members of the forensics and crime solving community, improve the DNA tools available to investigators? Where and what do we invest in to get the biggest bang for the buck? Based on feedback over the past several years, I submit to you that there are very limited options that can claim a higher return on investment in helping solve and prosecute crime than the superior forensic DNA collection of the M-Vac System.

Is that a bold statement? You bet it is. But one I believe can be backed up with data and now casework. Let’s take a look. Several years ago we took the M-Vac System to a private DNA lab and asked them to test the viability of using the M-Vac to collect DNA material from evidentiary surfaces. When the lab presented the results to us, they essentially told us they had never seen DNA collection results like what they had seen from the M-Vac. When the lab told us the M-Vac had collected up to 200X more than the swabbing method in sampling saliva from cotton, we knew the M-Vac could be a special tool in the forensics industry.Francine Assault Sample

Despite those impressive results, however, members of the forensics community wanted more data points, so we approached Boston University, UC Davis and others to conduct validation studies. In comparisons to the swabbing and taping methods, M-Vac results averaged around 20-30X better. Results vary depending on the substrate and the target DNA material, but even in a touch DNA comparison where the M-Vac was only 5X more effective, more often than not more stable profiles were generated – which is what really matters.

At the same time, a number of actual cases that had either gone cold or had stalled out were identified as good M-Vac candidates and the lab that had done the original M-Vac’s validation used the system on several pieces of evidence in those cases. In one particular case, sufficient DNA was collected to generate a profile from a pair of underwear that had been submerged in water for 8-10 hours. In another, a full DNA profile was collected off a rock that had sat in an evidence room for 18 years. Various clothing items, rope, brick, cement blocks, and other substrates have all yielded up DNA profiles to the M-Vac System, despite being rough, porous and resistant to other collection methods.

Fast forward to today. In one agency in the Southeastern US the M-Vac has been used in more than 20 cases. Over 65% of those cases have come back with positive DNA results (usually full DNA profiles), and every one of those were cases in which the swabbing or another traditional method had been used but failed to generate a profile, and the M-Vac was deployed on the same collection area. Despite the difficulty of collecting from an area that has already been sampled, the M-Vac is producing results 65% of the time. Referring to that success rate, a senior crime scene detective rhetorically asked “Can you name another investigative tool that can turn a case around 65% of the time? No, you can’t. That’s why we love the M-Vac so much. Our entire agency asks for it to be used on their cases, and we actually have to tell some of them ‘no’ because it just wouldn’t be a good scenario to use it there.”

As the M-Vac is used more frequently, it is also being used in more diverse ways. To date we know of several cases where a suspect was exonerated due to the DNA results obtained by the M-Vac System. In one such case, a man was accused of sexually assaulting a teenage girl. The swabbing method essentially yielded no actionable DNA results from the girls underwear. However, once the M-Vac was utilized, collecting from the same areas the swab had failed, DNA profiles were produced, but not of the man the girl was accusing. Investigators were able to take the results to the victim and get the real story, which led the investigation to the right suspects and cleared the innocent. We consider that outcome just as much of a win as helping convict the guilty!

Solving crime is a complicated process in today’s society. Long gone are the days where one investigator can walk onto a crime scene, review the evidence, talk to a few people and then put the puzzle together. In today’s world, investigators must often utilize new scientific techniques, look for evidence that cannot be seen by the naked eye, restructure the crime scene using video and 3D technologies, they must begin preparing for the possibility of a trial from the moment they are alerted that there needs to be an investigation, ensure every type of expert from fingerprinting to child psychology is involved where needed and a myriad of other things. And certainly DNA collection and processing is one of the centerpieces of the puzzle. Fortunately for many crimes, the M-Vac System is becoming more and more well known and accessible so investigators can effectively utilize it when the case calls for it.

The bottom line? The investigators that have an M-Vac available to them are solving crimes that they otherwise couldn’t, and that’s a good thing.

 

To learn more about the M-Vac System click here.