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FW: US v. Wacker: DNA question (UNCLASSIFIED)



Ma'am,

Below is an email exchange between myself and Dr. Johnson of USACIL.  Do you agree with her opinion or not?  Thanks.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.


-----Original Message-----
From: Johnson, Christie CIV USA USACIDC [mailto:christie.johnson3@us.army.mil] 
Sent: Tuesday, February 22, 2011 9:12
To: Hur Capt Christian P
Subject: RE: US v. Wacker: DNA question (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Hi Captain Hur,

I tried contacting you telephonically today but did not get an answer and
there was not a voice messaging system.  I will be available at the
laboratory all this week, typically until about 3pm your time.  I will also
try to contact you.  In answering your questions below in general, my
testing cannot determine conclusively if the semen deposited onto the shorts
is from vaginal drainage or from deposition of semen directly onto the
genitals, shorts, etc.  DNA can determine who may have come in contact with
an item but not when or necessarily how the contact occurred.

Please feel free to contact me with any questions you have.

V/R,

Christie B. Johnson
Forensic Biologist
U.S. Army Criminal Investigation Laboratory 
christie.johnson3@us.army.mil
404-469-4772
DSN 797-4772




-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil] 
Sent: Wednesday, February 16, 2011 6:30 PM
To: Johnson, Christie CIV USA USACIDC
Subject: US v. Wacker: DNA question

Dr. Johnson,

I know we have spoken on several occasions, but I was just reviewing the
materials in the Wacker case and I had a few questions for you.

1. According to your tests, you concluded with very little possibility for
error that the only DNA present was from Brooder and Wacker, however, would
it be possible for the semen to have been transferred to the shorts had it
been on the outside of her vagina? Alternatively, is there conclusive
evidence from the tests that the semen was inside the vagina?

2. Do your tests conclusively show that sexual intercourse occurred?

3. Could mutual masturbation, where Wacker ejaculated in the area of
Brooder's vagina, have caused the semen to transfer to the shorts Brooder
put on?

Thanks. 

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.


Classification: UNCLASSIFIED
Caveats: FOUO


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