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BTK
Eludes Capture and Taunts Police for 31 years
"The Kansas Bureau of Investigation (KBI) obtained DNA before Rader's arrest from a tissue sample that came from Kerri Rader's medical records without her knowledge. It is still unknown from what medical facility (although previously it was said in Wichita) and whether the tissue sample was from her Pap smear (although that is the logical conclusion). " What kind of tissue tied to a woman's medical records could be kept on file at a lab? Bruce Bammel, a Wichita doctor in the field of obstetrics and gynecology, said that could include various tissue samples - everything from a skin biopsy to a pap smear - that can be preserved indefinitely and provide DNA. Pap smears, which are cells taken from a woman's cervix to screen for cervical cancer, are recommended annually for women starting around age 21 (The Wichita Eagle)." Mar 03, 2005. Cops covertly acquired tissue of BTK suspect's relative -- from medical lab. Declan McCullagh, Politech: Politics and Technology also see "PIPEDA: The Privacy Law Blog", the author of this blog, David T.S. Fraser, is a Canadian privacy lawyer Mar. 02, 2005. Investigators obtained suspect's DNA through daughter, sources say. Tim Potter & Ron Sylvester, Knight Ridder/Tribune Concerns
over Daughter s DNA in BTK Case
"...Legal
experts say how that DNA was obtained could be a crucial part of the case.
The
4th Amendment protects us from 'unreasonable search and seizure.' Additionally,
HIPPA regulations federally protect the privacy of our medical records.
However, it is possible for prosecutors to get those medical records but
they must follow very specific procedures for the evidence to hold up
in court. Failure to follow HIPPA regulations in obtaining Rader s daughters
DNA could allow the case to be thrown out. Wichita Attorney Kiehl Rathbun
says he knows that only a subpoena from the District Attorney s office
was used to get Rader s daughters medical file. But HIPPA regulations
require a protective order from the court in addition to the subpoena...The
medical records for Rader s daughter may have given police probable cause
to arrest her father which in turn lead to his reported confession.The
daughter s DNA may also have given police probable cause to search the
Rader home. But if the District Attorney obtained the DNA unlawfully all
of the evidence might never be allowed in court. 'Everything coming from
the arrest is suppressed, everything coming from the searches is suppressed.
That means there is no confession, there is no evidence,' said Rathbun.
However it is possible the daughter volunteered the use of her private
records. but no one is commenting on this possibility at this time (Randall
Kamm, KSN News)."Mar 18, 2005. Concerns over Daughter s DNA in BTK Case. Randall Kamm, KSN News |
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