Wednesday, May 23, 2007

Who's your Uncle?


by blogger jgl

Finally. I'm sure this has happened before, but it's a good example of forensic limitations to talk about in class.

Twin brothers Raymon and Richard Miller are the father and uncle to a 3-year-old little girl. The problem is, they don't know which is which...

...But a paternity test in this case could not help. The test showed that both brothers have over a 99.9 percent probability of being the daddy— and neither one wants to pay the child support. The result of the test has not only brought to light the limits of DNA evidence, it has also led to a three-year legal battle...

Same old story. Girl meets boy. Girl attends rodeo. Girl sleeps with boy's twin brother.

"'Did you sleep with him [Richard Miller] while in Sikeston for the rodeo?'," Cameron Parker, Richard's lawyer, said she asked Holly Marie Adams in 2003 court testimony, to which she answered "'Yes ma'am.'" "She then said she went to appellant's [Raymon Miller's]home where they had sex later that night or early the next morning," Parker said.

17 comments:

Mr Mans Wife said...

Please tell me the photo above is not a picture of the men she slept with... Blimey, I wouldn't even sleep with one of them, but both?

Oh yeah, interesting information about the DNA by the way :)

Anonymous said...

It is interesting. we all know that identical twins have identical DNA, so if they can't prove who the father is, where do they go from here. I know it says that the brother that the woman named as the father would remain so in name, and would have to pay support. This does pose a very interesting limitation on what we can determine from DNA. If both brothers slept with her within hours of each other, then shouldn't they both be ordered to pay child support?

SKM

Anonymous said...

I can't believe these two men are willing to turn their back on this little girl. They should have known that this could happen - they should take responsiblity for their actions and take care of this little girl. Since they cannot prove 100% who the father is, both should step up to the plate and welcome her with open arms. She didn't ask to be in this world - grow up! Be a man and take care of your child! Should I say both of you...? ks

Anonymous said...

So if the DNA is identical, does that mean that all proteins, enzymes, etc. would also be the same? Have we reached an area of development where we can test for specificity of this sort between individuals?

L.C.

Forensic Bloggers said...

this is a weird case. It seems like having them both pay support is a reasonable answer. But then again... there will probably be times in this kids life when a father must be named.

wait a second... wasn't this the exact (almost) plot in the tv show My Two Dads? those two guys raised the daughter together, why not these dudes? Oh man, those guys were so opposite with the one artist guy and paul reiser was a... banker or something. what was i talking about?

oh yes... legal precedent. both can be appointed the father.

hopefully some rodeo clown will come along, fall in love with the mom, and adopt the kid.

for LC, yes the proteins and enzymes will be the same as well. they will have different fingerprints though. other tan that, there isn't anything that can be used to distinguish the 2 when it comes to paternity.

-jgl

Anonymous said...

I think that the legality in the case is as interesting as the DNA testing. If you can not prove which brother is the actual father, then how can you legally order either one of them to pay child support? I think the answer is that legally no Judge or Jury can order either man to pay child support. It would be a violation of their constitutional rights and without proof I think the court knows this and that is why this case has battled for over 3 years. The moral thing to do would be for one of these guys to adopt this little girl and take care of her financially, but wait, doesn't she have a mother who should do the same. Since we know who the mother is, there is your financial support for the girl. I think that both the brothers and the mother of the girl should all be ashamed, but we live in a country of laws and everyone has rights that should not be fringed upon... regardless of the moral or ethical ideas of those individuals.
J.N.

Anonymous said...

It's sad to say that many parents of children in today's world will not stand up and cherish what they have created. yet, I believe all three adults are to blame. They should all support the little girl. And maybe one day scienctist will beable to identify something in the twins DNA to match to the little girl. S.M

Forensic Bloggers said...

perhaps they should work into all paternity laws that if you sleep with 2 twin brothers in the same day, then you will be solely responsible for any child resulting from the events.

also, i suppose there is a small chance that one of the brothers would have acquired a mutation that could be detected in the child. Of course, that would require a full sequence of the DNA, which right now would require billions and billions of dollars.

but maybe someday it will be affordable.

-jgl

Anonymous said...

First of all, this is a prime example of why safe sex practices should have been used!!! Second of all, if the DNA says that both men could be the father, then the logical thing to do would have been to make them split the child support three ways. Each man and the woman should have to be responsible for the child. The twins would be responsible for 66% of the support and the mother the other 33%. Both of these men and the mother knew the risk of having sex without protection, therefore they should all have to answer for their "mistake". krh

Anonymous said...

This was a very interesting story. I would say that either one looks like a winner, but since there is no test to tell who the father is the only fair outcome is to split child support. I was definitely not aware that this was even possible.

WB

Anonymous said...

This case is a very sad case. We seem to all be concerned with which man is the father by DNA. I would like to think that we have progressed beyond DNA and should be concerned for the child in question and what she will have to live with in the future. This is where science meets morality. This is an awful reflection on todays society. The mother should have enough sense to know not to drag a child into this kind of mess. The child will be the ultimate one to pay for such things. Maybe when she is older there will be a defining trait that leads towards one brother or another and maybe the cost of full strand DNA will be less. In reality by this time the child would probably rather not know which of the two are her father and may have serious isues with her mother. Look at the bright side maybe there is a brilliant technician or scientist in the making to help determine such differences for future victims of indiscretion. BL

Forensic Bloggers said...

i like the 66/33 idea.

-jgl

Anonymous said...

I find it sad so many people lack morals these days. Someone needs to step up and accept responsibility for the child. Make them both pay child support!....LPW

Anonymous said...

As someone who is certified by the FBI in a part of forensic chemistry(fingerprints),I find it very hard to believe that there is no way to break down the chemistry of twin DNA. I am not an expert in DNA but is it not true that no 2 people have the exact same DNA including twins.When I say exact, there is a basic process that breaks down DNA. Can their DNA not be broken down beyond this basic process. Based on some of my experiences there are some states that do not have the equipped labs to handle certain situations.So would it not be based on the state and whether or not it is equipped to handle such a case? And could this case transfer to another state or level that is better equipped to handle it?

KT

Anonymous said...

I agree with both of them paying equal parts of the child support. They dont have a problem with sharing a woman they shouldnt have a problem with sharing the responsibilities that brings.

If the father(s) doesnt want to claim her then they dont deserve her anyways and the mother should find someone who loves the little girl and is able/willing to be a Daddy to her!!

RDW

Forensic Bloggers said...

forcing them both to pay does seem to be a concensus.

for KT, the DNA for identical twins is exactly the same. Since they originate from the same fertilized eg that splits into 2, the only chance of there being a difference is if a mutation occurs in the development process.
This would be about the same chance on one person having different DNA in different parts of their body. Even if there was a difference, it would occur at a random location in the DNA code. This would make it very expensive and time consuming to find.

dr. l

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