Legal Documents

Marv Albert's DNA Test Results

NBC sportcaster Marv Albert's case suffered a setback when a state forensic crime lab released DNA results August 11 that linked Albert to bite marks found on the woman who has accused him of sexual assault and sodomy. The Virginia Division of Forensic Science found some consistencies between the blood sample provided by Albert and DNA recovered from the bite wounds on the woman's back. Albert's blood sample was also linked to sperm samples recovered from the alleged victim's skin and underwear. The forensic report cited a 1-in-2.6 billion chance that its findings came from someone other than Albert.

The 42-year-old woman, who has known Albert for 10 years, has told investigators that Albert attacked her after he had invited her to his northern Virginia hotel room on Feb. 12. She has accused Albert of throwing her onto a bed, biting her back repeatedly and forcing her to perform oral sex. Albert has denied the charges, which were filed in May. Albert is scheduled to go to trial in Arlington County, Va. on Sept. 22.

The following is the report dated August 4, 1997.


COMMONWEALTH OF VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES
DIVISION OF FORENSIC SCIENCE

Certificate of Analysis

August 4, 1997

Northern Laboratory
9797 Braddock Road
Suite 200
Fairfax, VA 22032

Tel. no. (703) 764-4600
Fax (703) 764-4633
TDD/Voice (804) 786-6152

To: JANE MORRIS
ARLINGTON COUNTY POLICE DEPARTMENT
1425 N.COURTHOUSE ROAD
ARLINGTON, VA 22201

SUPPLEMENTAL REPORT
FS Lab #N97-1490

Your Case #: 970212004

Victim(s): [alleged victim's name omitted]

Suspect(s): ALBERT, Marvin

Evidence Submitted By: Jane Morris

Item 1 Physical Evidence Recovery Kit from [alleged victim's name omitted]
Date received 02/19/97

Evidence Submitted By: Jane Morris

Item 2 Physical Evidence Recovery Kit from Albert
Date received 06/06/97

RESULTS

This report supplements the test results reported in the Certificate of Analysis for FS Lab #N97-1490 dated April 30, 1997.

Item 1
Spermatoza were previously identified in extracts of the lips/lip area swabs, the "left upper chest" swabs, the stain from the crotch area of the underpants and the stain from the rear panel of the underpants. Human deoxyribonucleic acid (DNA) was isolated from these samples. In addition, human DNA was isolated from the "bite mark right upper back" swabs and from the blood sample from [alleged victim's name omitted].

The sample form the lips/lip area swabs was amplified and typed at the HLA DQA1 locus and the PM system (which includes the LDLR, GYPA, HBGG, D7S8 and GC loci). Refer to the Table for the typing results.

The samples from the "left upper chest" swabs, the stain from the crotch area of the underpants, the stain from the rear panel of the underpants, the "bite mark right upper" swabs and the blood sample from [alleged victim's name omitted] were amplified and typed at the HLA DQA1 locus, the PM system (which includes the LDLR, GYPA, HBGG, D7S8, and GC loci), the CTT system (which includes the CSF1PO, TPOX and THO1 loci) and the D1S80 locus. Refer to the Table for the typing results.

No examination was conducted on the remaining contents of this item at this time.

Item 2
Human DNA was isolated from the blood sample from Albert. This sample was amplified and typed at the HLA DQA1 locus, the PM system (which includes the LDLR, GYPA, HBGG. D7S8 and GC loci), the CTT system (which includes the CSF1PO, TPOX and THO1 loci) and the D1S80 locus. Refer to the Table for the typing results

No examination was conducted on the remaining contents of this item at this time.

SUMMARY OF HLA, DQA1, PM, CTT AND D1S80 TYPING RESULTS
Item Description HLA DQA1 LDLR GYPA HBGG D7S8 GC CSF1PO TPOX THO1 D1S80
1 Blood sample from [alleged victim] 4.1, 4.1 AB AB BB AB AC 10, 12 10, 10 6, 7 24, 31
2 Blood sample from Marvin Albert 2, 2 AB AB BC AA BC 10, 11 8, 8 8, 8 24, 24
                       
1 Lips/lip area swabs from [alleged victim]                    
  -non-sperm fraction 4.1, 4.1 AB AB BB AB AC --- --- --- ---
  -sperm fraction *** *** *** *** *** *** --- --- --- ---
                       
1 "Left upper chest" swabs from [alleged victim]                    
  -non-sperm fraction 2, (4.1) AB AB BC A(B) BC(A) 10, 11 8, (10) 8,8 ---
  -sperm fraction 2,2 AB AB BC AA BC 10, 11 8,8 8,8 ***
                       
1 Crotch area stain from [alleged victim's] underpants                    
  -non-sperm fraction 2, (4.1) AB AB BC A(B) BC(A) 10, 11, 12 8, 10 8, (6), (7) 24, (31)
  -sperm fraction 2,2 AB AB BC AA BC 10, 11 8, 8 8, 8 24, 24
                       
1 Rear panel stain from [alleged victim's] underpants                    
  -non-sperm fraction 2, (4.1) AB AB BC A(B) BC(A) 10, 11, (12) 8, (10) 8, (6), (7) 24, (31)
  -sperm fraction 2, 2 AB AB BC AA BC 10, 11 8, 8 8, 8 24, 24
                       
1 "Bite mark right upper back" swabs from [alleged victim] 2, 2 AB AB BC AA BC 10, 11 8, 8 8, 8 24, 24

Note: Numbers and/or letters in parentheses ( ) represent alleles that are present in lesser intensity than other alleles not in parentheses.
--- Indicates not tested
*** Indicates no amplification results

CONCLUSIONS:

Based on the above test results, the DNA profile obtained from the sperm fractions of the "left upper chest" swabs (Item 1), the crotch area stain from the underpants (Item 1) and the rear panel stain from the underpants (Item 1) as well as the DNA profile obtained from the "bitemark right upper" swabs (Item 1) is consistent with the DNA profile of Marvin Albert. Therefore, Marvin Albert cannot be eliminated as a possible contributor of the genetic material isolated from these samples.

The probability of randomly selecting an unrelated individual with a matching DNA profile (HLA DQA1, PM, CTT and D1S80) as obtained on the crotch area and rear panel stains from the underpants (Item 1) and the "bite mark right upper back" swabs (Item 1) is approximately:

1 in 2.6 billion in the Caucasian population

1 in 670 million in the Black population

1 in 1.1 billion in the Hispanic population

The probability of randomly selecting an unrelated individual with a matching DNA profile (HLA DQA1, PM and CTT) as obtained on the "left upper chest" swabs (Item 1) is approximately:

1 in 310 million in the Caucasian population

1 in 38 million in the Black population

1 in 83 million in the Hispanic population

The DNA profiles obtained from the non-sperm fractions of the "left upper chest" swabs (Item 1) and the crotch area and rear panel stains from the underpants (Item 1) are consistent with a mixture of the DNA profiles of [alleged victim's name omitted] and Marvin Albert. Therefore, neither [alleged victim's name omitted] nor Marvin Albert can be eliminated as possible co-contributors of the genetic material isolated from these samples.

No types foreign to [alleged victim's name omitted] were detected in the non-sperm fraction of her lips/lip area swabs (Item 1).

No DNA amplification results were obtained for the sperm fraction from the lips/lip area swabs (Item 1). Therefore, no determination can be made as to the origin of the spermatoza identified on these swabs.

The genetic material isolated from the lips/lip area swabs (Item 1), the "left upper chest" swabs (Item 1) and the "bite mark right upper back" swabs (Item 1) is insufficient in amount for DNA (RFLP) analysis. The genetic material isolated from the crotch area and rear panel stains from the underpants (Item 1) may be suitable for DNA (RFLP) analysis. The results of this examination will be the subject of a separate forthcoming report.

The evidence will be available at the Northern Laboratory after you have received the results of all requested examinations.

Attest:

I certify that I performed the above analysis or examination as an employee of and in a laboratory operated by the Division of Forensic Science, and that the above is an accurate record of the results of that analysis or examination.

[signature]
Karen Curtis Ambrozy Forensic Scientist


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