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Of significance is that the DNA analysis indicates that three individuals – all males – contributed the DNA that was found on the items in the graves and the half bra found outside the graves. Those DNA profiles do not match Joseph McStay, Gianni McStay, Joseph McStay, Jr. or Charles Merritt.
It is anticipated that the prosecution might suggest that the DNA found on those items could have been contributed by three of the sheriff’s department personnel who were involved in the excavation of the graves. This, however, is controverted by the consideration that there is some crossover with regard to the DNA found on items from both graves, and that in processing the graves, the sheriff’s department assigned different personnel to carry out the excavation of each grave, and kept those personnel separate throughout the processing such that only those individuals assigned to each grave, all of whom were wearing gloves, had contact with the contents of their particularly assigned grave. Additionally, the degradation of the DNA that was found is consistent with having been buried in the earth or exposed to the elements for three-and-a-half years. DNA that would have originated with the excavation team would not have been subject to that level of degradation. The defense maintains that the DNA found on the four items is connected to the actual killers of the McStay family.