Four Years To Day One: A Saga of Science and Inquest
By: Douglas Page
Issue: June/July 2007
Untitled Document
How a small town murder investigation stimulated science on the forensic frontier.
Figure 1: Det. Paul Dostie at the site of the shallow grave where the victim
was found.
At first, no one knew how she died or when she was disposed of in a shallow
grave on a ridge above Mammoth Lakes, California. Her remains were found in
2003. It has taken four years to figure out who she is.
“In homicide
investigation, on Day One you want to know who the victim is, and if it’s
a woman who the husband or boyfriend is,” Detective Paul Dostie said.
Dostie, a propensive 20-year veteran of the Mammoth Lakes Police Department
(MLPD), caught the case. Mammoth Lakes, a ski resort community 8,000 feet up
the eastern slopes of the Sierra Nevada, doesn’t get many murders. This
was his third homicide.
“The vast majority of the time when women are killed it’s by a
significant other. Women don’t get into bar fights and get stabbed,” Dostie
said. “Once we have a positive identification we have a place to go.” He
meant the suspect. Dostie thinks he knows where he is.
Then, instead of focusing all his attention on learning the victim’s
identity, he can get to the fun part.
“That’s the most satisfying
thing of all – getting the guy who thinks he got away with it,” Dostie
said.
What’s most gratifying so far, though, is the help he’s gotten
from the Dream Team of scientists and academics he’s recruited, most
of whom have contributed technologies never before used forensically. The search
for her identity has led to arcane studies of the victim’s teeth, bones,
flesh, and hair to find clues about her diet, the water she drank, where she
lived, and when she gave birth.
“This is a world that law enforcement
is unaware of and with the exception of ancestral DNA none of this has been
used in a criminal investigation before,” Dostie said.
Without these
technologies Dostie would still be holding a box of unknown bones. Instead,
he believes he knows who the victim is. Final mitochondrial DNA confirmation
is pending.
One recent Sunday morning, Dostie slipped on a pair of latex gloves,
opened an evidence box marked “03-0929 187 PC,” then placed a skull
on the table.
“Meet Barbara,” he said.
Dostie believes the remains
found scattered on that hillside are Barbara Pacheco Santiago.
MISSING REPORT
No one reported her missing. Only her killer knew where she was until a dog
found her skull on a slope 1,000 feet above Mammoth Lakes, in May, 2003.
Later that week pieces of the rest of her were found, in and around a nearby
shallow, clandestine grave, at the top of a ridge known as Mammoth Knolls,
near the edge of a cliff with a lover’s lane view of the city – an
almost affectionate place to leave someone.
The grave, now no more than a small depression in the shade of a red fir
surrounded by a low buffer of manzanita shrubs, was empty but for some
torn clothing and a few bone fragments. Her Kmart Jaclyn Smith wristwatch was
still running.
After a forensic examination at the medical examiner’s
office in San Francisco, Dostie was informed the victim was 4-ft, 6-in to 4-ft,
9-in, female, 30-40 years, and had been dead for close to nine months. This
meant she had spent the winter in the snow, exposed to mountain climate and
carnivores.
The examiner also said she could be Asian. Dostie focused the investigation
in that direction.
After a fruitless 15 months looking at Oriental angles, Dostie learned
that DNA can be used to determine genetic heritage. Dostie sent a femoral
fragment containing bone marrow to DNAPrint Genomics (Sarasota, FL) for
the analysis of nucleotide polymorphisms (SNPs). SNPs frequencies have
been shown to differ considerably between major geographic populations
and when analyzed can be used to make inferences about a person’s
bio-geographic ancestry, or BGA. DNAPrint uses a proprietary test called
DNAWitness 2.5 to show relative amounts of European, East Asian, Native
American, and Sub-Saharan African ancestry.
The results came back in August,
2004. The victim was not Asian, but 100 percent Native American.
The case was redirected. Dostie could now focus the investigation on the
Western Hemisphere, and probably North America.
“This not only turned
the investigation around, it opened up a new DNA world,” Dostie said. “None
of the information DNAPrint provided is available in any government-run
crime lab.”
Currently, when DNA is collected at a crime scene and
there is no match in the 4.4 million profiles (as of Feb 2007) contained
in the FBI’s Combined DNA Index System (CODIS), the case likely goes
cold unless there is other evidence.
“Now, from DNA BGA analysis,
we can get racial makeup and eye color,” Dostie said. “Before
long BGA will also give us hair color.”
Matthew Thomas, DNAPrint’s
senior scientist, believes within five years crime scene DNA will yield
complete descriptions.
CONFLICTING REPORTS
At the time, however, Dostie had conflicting reports. The medical examiner
said she could be Asian. DNAPrint said she was Native American. Now what?
Soon after he got the DNAPrint results, Dostie went online. Since he had a
box of old skin and bones he figured he needed a physical anthropologist. He
Googled “physical anthropology” and discovered the American Association
of Physical Anthropologists. He called the president.
“I started at the
top,” Dostie smiled.
The president at the time was Phillip Walker, Ph.D., a well-known anthropology
professor at the University of California, Santa Barbara.
Walker, who is an expert on prehistoric Native Americans in California, agreed
to lend his expertise, and his extensive academic contacts, for free provided
Dostie agree to follow the case to the end. That was easy; the tenacious Dostie
is known in the 20-person MLPD as someone who never lets go.
Dostie shrugs when
asked why he spent so much time trying to identify a woman from outside his
jurisdiction no one missed. “It’s what I do.”
The remains
were delivered to Walker’s campus lab. Walker still has everything except
the skull. They are stored in a flimsy cardboard shipping box the size of a
beer cooler, double wrapped inelegantly in black cinch bags with loose red
draw strings, alone on the bottom shelf of a doubledoor storage cabinet in
the locked Lab Supply room on the ground floor of the Humanities and Social
Sciences building.
The box is surprisingly light, considering it contains the remains of a human
female.
Inside the box, enfolded in waxed paper, resting on a bed of bone fragments,
is what remains of her torso after spending a winter in the woods – hollow,
mutilated, the skin nearly unrecognizable now, gnarled, tough, and twisted, like
a dry chamois, braided almost by the alpine beasts that tore at her flesh.
“Based
merely on size and hair color I immediately thought this person looked like a
Mesoamerican farm worker,” Walker said at his lab one recent afternoon.
One of the first things Walker did was perform a proper autopsy; something
he suspects was neglected when the remains passed through the San Francisco
medical
examiner’s office 15 months earlier.
“At first I just wanted to figure
out how old she was and get an idea of her ancestry,” he said.
As Walker
and two students did their examination on the mummified abdominal skin, they
found a couple of narrow, one-inch slits in the chest, one just below what
Walker believes is a nipple.
“That’s a knife wound, not an animal bite,” Walker
said, pointing to it later. Until the slit was found this was a homicide in name
only. Dostie said when someone fully clothed is found buried in a clandestine
grave it’s safe to assume homicide. Still, until the Walker autopsy there
was no cause of death.
Walker asked Santa Barbara County coroner Robert Anthony, M.D., his opinion.
Anthony said the slits were consistent with stab wounds.
Dostie now had a homicide and a cause of death.
Walker then took cranial measurements and delivered them to Stephen Ousley,
Ph.D., at the Smithsonian Institution’s anthropology department. Ousley
used a beta version of Fordisc 3 software he developed (with Richard Jantz,
University
of Tennessee) that uses sophisticated statistical procedures called discriminant
function analysis to find the most morphologically similar groups to an unknown
individual using only skeletal measurements. The technique has often been used
to reliably estimate tribal identity of Native American remains for the Repatriation
Office. Walker is a member of the Repatriation Review Committee.
The results indicated the victim had significant Native American ancestry,
confirming DNAPrint’s analysis.
NEW FORENSIC GROUND
New DNA extraction methods and growing DNA databases can provide forensic insight
into a person’s heritage and lifestyle, although few of these technologies
have yet found their way into police crime labs.
Dostie is effuse, almost evangelic, about getting the word out to the law
enforcement
and forensic communities about the results he’s seeing.
“I don’t
want attention, I want the case solved,” he said. “The guys that
do a hundred more cases than I’ll ever do need to know what we’ve
done here, that none of this is forensically routine.”
Next, Walker suggested
Dostie contact Henry Erlich, Ph.D., director of research at Roche Molecular
Systems (Alameda, CA), to have the victim’s human leukocyte antigen genes, or HLA,
analyzed. HLA loci are the most polymorphic genes in the human genome. There
are four types of HLA (HLA-A, -B, -C, and -D) expressed on surfaces of white
blood cells. Erlich was able to extract only a B-type from the available DNA
but this was sufficient to genotype two homogenous haplotypes (two closely linked
alleles found on the same chromosome) – a condition extremely rare in most
human populations but common among Native Americans.
Erlich’s conclusion: the decedent was a Mexican or Central American.
The search narrowed.
Walker then surmised that the victim was probably an immigrant
from Oaxaca, from which many of the workers from California’s Central
Valley have migrated. In order to substantiate his suspicion Walker wanted
to know whether
she ate corn, as in tortillas. He asked geochemist Henry Schwarcz, Ph.D., McMaster
University, Hamilton, Ontario, to work up an isotope profile.
YOU ARE WHAT YOU EAT
The ratios of carbon (13C/12C) and nitrogen (15N/14N) isotopes differ slightly
in different foods. Thus, it is possible to determine some aspects of a person’s
diet by comparing the corresponding isotope ratios of food samples. For instance,
the 13C component of hair, which is made largely of the protein ker-atin,
reflects the 13C content in the protein of the food eaten.
This was the first time Schwarcz had tried these techniques on contemporary
human bits. Normally, Schwarcz works with ancient human remains. The adage – you
are what you eat – is true, whether you lived last year or 2,000 years
ago.
An analysis of carbon and nitrogen ratios on samples of the victim’s
hair was performed using an isotope ration mass spectrometer. Separate analyses
were done of the scalp-end and hair tips to see whether there had been any
change in diet over the last months of life.
Schwarcz concluded that over the last 16-18 months of life (the length of
her hair) her diet included 57 percent maize (corn), 15 percent higher than
the
typical American diet. (The American diet is high in maize due to the widespread
use of corn as animal feed in the production of meat, poultry, eggs, and dairy
foods – the main sources of protein in the domestic diet.) However, it
is not possible to determine where the maize she consumed had been grown.
Therefore,
an isotopic analysis of the victim’s teeth and bone was done, using the
isotopic ratio of oxygen to attempt to determine the geographic origin of the
water she drank. Traces of oxygen isotopes from drinking water, known to differ
by latitude, are deposited in teeth and bones.
Schwarcz’ data imply that
during the last decade of her life the victim drank water found only in southern
Mexico —more specifically, in the state of Oaxaca, near the Pacific coast.
The search narrowed again.
INDIAN DNA
Walker wanted Dostie to run the victim against existing Native American mtDNA
databases.
Abundant amounts of mtDNA are found in all human cells, making it easily extractable
even from ancient remains. Because it doesn’t recombine with other DNA
and is passed down only by mothers, scientists use mtDNA to isolate maternal
ancestry
Walker sent the detective to David Glenn Smith, Ph.D., a University
of California, Davis biological anthropologist. Smith maintains a database
of 3,000 mitochondrial DNA samples of dozens of different Native Americans
tribal groups from Alaska to Argentina that he uses to trace the ancient movements
of people over the past 150 centuries.
Almost miraculously Smith found a match.
“The match was from a Zapotec
Indian woman in the small village of San Mateo Macuilxochitl in the valley
of Oaxaca, in southern Mexico,” Smith said. The woman’s name is
Apolo-nia Mendoza, although in a subsequent interview with investigators she
claimed no relationship to the victim.
The San Mateo sample was collected in 1994 by William Klitz, Ph.D., a UC Berkeley
public health researcher. Klitz took blood samples from 33 Oaxacan villages,
the mtDNA of which was eventually added to Smith’s Davis database
Matching
mtDNA means the two women – Mendoza and the Mammoth Lakes murder victim – have
a mother, grandmoth er, or great-great-great-grandmother in common. However,
DNA experts warn that a mtDNA match is not to be interpreted as a unique individual
fingerprint. While mtDNA of a specific pattern will be found among female descendants
(and single generation males), if that pattern has been in the population long,
apparently unrelated members of the population may share the type.
Nevertheless,
the search beam now fell on that Oaxacan village. Dostie’s instinct is
to eliminate most nearby villages as candidates, that mtDNA is probably village-specific.
Linguists say 50 Zapotec dialects exist, and that people living only 20 miles
apart cannot speak to each other. “People tend to marry people they can
talk to,” Dostie said
ABOUT FACE
At about this time Dostie arranged to have the victim’s face reconstructed
by Betty Pat. Gatliff, a noted Oklahoma forensic artist who specializes in
3D facial reconstructions using nothing other than the skull and clay. Gatliff
spent about three days recreating the face.
When Dostie saw the resulting photographs he was aston ished at how closely
the reconstruction resembled police draw ings of the victim by a Los Angeles
Sheriff’s Department forensic artist from descriptions taken from U.S.
Forest Service Visitor Center employees who may have seen the victim and her
husband the previous fall. Gatliff had not seen the police sketch.
The photograph
and police sketch were printed on flyers and distributed to Oaxacan-immigrant
leaders in Los Ange les to be posted in business windows.
One community leader, Ray Morales, president of the Oaxacan Businessman’s
Association, travels frequently to Oaxaca. Dostie asked Morales if he would
take some flyers down. Morales has done more than that. Not only has Morales
shown the flyer personally in Oaxaca, he has even taken DNA samples of principals,
with kits provided by the California Department of Justice.
Since being seduced
by Dostie’s benign charm, Morales has made four trips to Oaxaca on Dostie’s
behalf.
On his second trip the woman on the flyer was identified as Barbara
Pacheco Santiago by her stepmother, who had not seen her for over seven years.
Santiago’s biological parents have been dead for many years. The stepmother
said Santiago had two sons, neither of whom has been located.
Morales has also
learned that Santiago’s full sister, Rosa Pacheco Santiago, lives in
Chiapas, address unknown. Rosa’s three daughters do live in Oaxaca, but
according to Morales have no contact with their mother and want nothing to
do with her after being abandoned in childhood. Morales, nevertheless, was
able to obtain a DNA sample from one of the sisters.
At this point, positive identification of the victim is a numbers game. John
Tonkyn, of the California DOJ DNA lab, said the more people maternally related
to Barbara Pacheco Santiago that can be located the better chance of a definitive
match. Dostie said the Holy Grail would be DNA from Barbara’s children.
TOOTH OF THE MATTER
Meanwhile, back in Santa Barbara, Walker recommended trying another technology
that he thinks might provide additional, confirming proof of identity. This
one is called Tooth Cementum Annulation, or TCA.
Cementum is the calcified tissue that surrounds the dentine and forms the
attachment site for the periodontal fibers that link the tooth to the alveolar
bone. New layers of cementum are laid down on tooth roots annually.
TCA is
normally used to determine age at time of death of skeletal remains. The technique
is based on microscopic images taken of toothroot cross sections. In a process
similar to counting tree rings, age is then estimated by manually counting
the incremental lines of cementum, then adding the chronological age at assumed
point of tooth eruption.
An Italian researcher, Ursula Wittwer-Backofen, however, believes TCA can
indicate more than age. She thinks the rings also indicate when someone
has given birth, that traces left by the stress placed on the body by events
like pregnancy and childbirth can be found in the rings.
“If we get
the right age and the right number of births at the right intervals, then
I think it will pretty much nail it,” Walker said.
Whether Barbara Pacheco Santiago’s identity is confirmed through
some combination of DNA, BGA, HLA, or TCA, or whether the moldering remains
resting in boxes on lab shelves and evidence rooms turns out to be someone
else, one thing is certain. Whoever she is, she is no longer alone. Her
cortege is led by a small town police detective and a distinguished anthropology
professor. Like the victim’s watch, they are still running, determined
to learn her identity, and then apprehend her killer.
Douglas Page writes about forensic science and medicine from Pine Mountain,
California. He can be reached at douglaspage@earthlink.net