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By
LaTrina Antoine
- September 20, 2021
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Counsel in a murder case made arguments to a Baltimore City Circuit Court judge Sept. 17 about whether programming code from a genetics software could be reviewed for possible inaccuracies.
Tyrone Harvin, 17, is charged with first-degree murder, first-degree rape, first-degree sex offense, perverted practice and use of a deadly weapon with the intent to injure for allegedly raping and killing 83-year-old Dorothy Mae Neal on Aug. 29, 2018.
During the motions hearing, the defense and prosecution argued whether there could be possible code errors with the software used to read DNA.
Defense attorney, Deborah St. Jean, said she wanted to look at the code because she has problems with the software’s explanation for the evidence.
The prosecution disagreed, stating there has never been access to the code for independent review. The prosecutor said the code was not necessary for the defense’s case, pointing out that any errors in the code would have been found in validation studies of the software.
However, St. Jean doubted if validation studies of the software looked at DNA sample such as the combinations in the case. She said access to the code would be important in the case to decipher if the software used gave flawed results.
Although the judge, prosecution and defense agreed that the probability of finding an error from the code that would impact the case was small, the defense still requested to see the code.
In order for the defense attorney to see the code, the judge would have to order to the proprietary system that manages the software to release the code.
Judge Robert Taylor said he would make a decision on the motion during the week of Sept. 20.
Baltimore Witness previously reported that police found Neal’s body following a call from a neighbor who reportedly hadn’t seen her for a few days. Harvin was 14-year-old when the rape/murder occurred.