DNA testing may open doors for law enforcement: CTV legal analyst

Investigators on Prince Edward Island are crediting genetic DNA testing in helping them arrest a man in connection to the 1988 murder of Byron Carr, and it looks like the technology could open doors to solving other unresolved cases.

This method uses a suspect's relative's DNA from sources like Ancestry.com or 23andMe to help make a connection in finding those responsible in decades-old cold cases.

Defence lawyer and CTV legal analyst Ari Goldkind said the process has become increasingly popular for law enforcement, citing cases like the famous Golden State Killer’s as a high-profile example of genetic DNA being used to find a suspect.

“That arrest came about simply because of genealogical DNA, 23andMe, Ancestory.com testing where the police are able to, in very cold cases, and when I say cold cases, I mean ice-cold cases, try and extract a connection from a family member, a cousin, a distant relative's DNA,” Goldkind said in an interview with CTV Atlantic’s Todd Battis Monday.

“For the families who have to live for decades, and we aren’t talking a year or two, who have to live for decades with no closure, no ability to have a proper funeral, no ability to properly grieve, this is an extremely important step in policing.”

While the new technology can be an exciting step for law enforcement, Goldkind said there are also a number of privacy issues that as a lawyer he needs to keep an eye out for.

“What are the steps being taken by police, are they fair? Are the people who are offering their DNA doing so willingly? Is a police officer going to trail a distant cousin in an In-and-Out Burger or McDonald's and picking up a disposed napkin?” he said.

He added DNA testing is a very powerful tool for law enforcement, giving them a chance to solve cases that have been unsolved for decades.

“There are always going to be cold cases, and I think there is a confluence of very fortunate events that get police to these kinds of results, just look at the case we’re talking about, everything sort of has to come together,” he said.

“But then all of a sudden the tremendously powerful tool of DNA testing through family, friends, relatives, comes along and gives police, particularly in cold cases, another attempt to try and solve a crime that has plagued and horrified a community, that is a very, very positive step in the solving of crime.”

Goldkind said the case in P.E.I. is a prime example of law enforcement not giving up on a case.

“There is a perception that the longer somebody goes without being arrested, the longer a crime goes without being solved, the more likely it is that the person literally gets away with murder,” he said.

“And with these steps we’re certainly seeing that police are not giving up on these very, very difficult to solve cases simply because of the passage of time."

On Friday, Charlottetown police announced Todd Joseph Gallant, 56, of Souris, P.E.I. was charged with first-degree murder and interfering with human remains in connection to Carr’s death. None of the allegations have been tested in court.

Carr was last seen around 3 a.m. on Nov. 11, 1988, driving a Ford Tempo near the corner of Richmond Street and Prince Street in Charlottetown. He was found dead only 31 hours later in the bedroom of his home on Lapthorne Avenue, which was only 1.5 kilometres from where he was last seen.

Police said Carr was strangled and stabbed after a sexual encounter with another man.

With files from CTV's Todd Battis.