SuperDave, can you tell where you got the details about the DNA?
I sure can. Back when the DNA was submitted to CODIS, a big deal was made of how the DA had to fight to get it submitted because it didn't possess the required 13 markers. This is what the Daily Camera said about it as recently as 2006:
"A second blood spot on JonBenet's underwear tested resulting in between nine and 10 markers on the spot to be defined."
It helps to remember that a LOT of law enforcement professionals actively discourage the use of partial DNA profiles. That's one big reason for the 13-marker minimum.
Also, if the DNA is degraded, does it mean it can not be matched to the touch DNA?
Ah, the question I've been waiting to hear.
A few things to keep in mind: generally speaking, LE is divided into two groups on DNA: first are those who believe that it's the end-all, be-all of crime investigation and that it, above all other things, should be focused on and developed strenuously; for the sake of argument, we will refer to these people as developists. They are the new school.
Then, there are those who view DNA as an extremely important hammer in the toolbox of law enforcement, but realize that it does have limitations and that building a strong overall case should come first. These are the old school people, who we will refer to as constructionists. This is the camp into which I fall very firmly.
An even better illustration is this: 40 years ago, DNA testing methods and many other modern forensics did not exist. Cops and prosecutors had to rely more on effort, intelligence and guts to make cases: running down leads, interviewing suspects right off, etc. And they did it pretty well, all things considered. The mantra back then was "if you don't solve it in 48 hours, you might never solve it."
Now, we have all of these testing methods, and people have fallen into the trap that science is infallible and they don't need the old techniques anymore. Well, one of my main themes in my times at WS has been that LE needs to re-embrace the old techniques alongside the new ones.
Let's apply that to your question: assuming that the touch DNA is not degraded (and as I pointed out to HOTYH, I can't say one way on another), as a constructionist, I would be EXTREMELY hesitant to call ANYTHING regarding a partial profile as a match.
Where did Mary Lacy get the idea that the DNAs are a match, I assume it could not have been just her fabrication.
That's an interesting one. I'm not comfortable with the word "fabrication." I think it's more a case of several factors:
1) Mary Lacy's general lack of prosecuting experience leading to a misunderstanding of how forensics are supposed to work;
2) ML seems to be firmly in the "new school" camp. In fact, she seemed to be actively hostile to older investigative methods (as Tom Haney found out);
3) It's been said by many people (mostly those who worked with her), that ML had a feminist agenda during her career and that it informed a lot of her decisions. This has led many (including myself) to wonder just what her goal was here.
So, as to how she could have gotten that idea: at best, she possessed a misunderstanding of forensic application. At worst, she had an agenda, and deliberately misunderstood it. Madeleine outlined the choices in another post elsewhere.
Phew! Sorry to run so long, Mysteeri. I'm sure you didn't expect me to talk so much, but I had a lot to say.