A Crime Of The Mind III: New Tests

Someone Is Lying

Dr. Malave was acquitted on charges of having sex with his patient Jane. But is he innocent? 48 Hours Investigates discovered important evidence that the jury never heard, which casts doubt on Malave's innocence. Months before the trial, a DNA expert testified at a medical licensing hearing that if semen had been transferred into Jane's panties, only a small amount would have been found, and "definitely not the amounts we see in this case." Zambrano didn't find out about this testimony until 48 Hours Investigates told him.

48 Hours Investigates decided to do its own testing, hiring one of the foremost DNA experts in America, Dr. Edward Blake, to re-examine two pairs of Jane's underwear. Both Malave and Jane agreed to give samples of their DNA. These tests confirmed that DNA from Malave's sperm is mixed with Jane's cells. Dr. Blake's assignment: determine whether Malave's semen was transferred, or resulted from sex with Jane.

Malave's attorney contended at trial that Jane most likely transferred the semen by rubbing. If true, Blake says, the amount on the underwear would be small. If the semen had been rubbed on, there would areas with only Malave's DNA. But everywhere the experts looked, Jane's and Malave's DNA were mixed together. Semen deposited after sex leaves a distinctive pattern.

After an examination that took several weeks, Blake and his associate Alan Keel said the evidence leads to a certain conclusion. "This isn't even challenging, it's a no-brainer," Blake says. "It's overwhelming evidence that they had sexual intercourse." Two more experts at Cellmark, one of the most prestigious DNA labs in the country, reviewed Blake's report. Cellmark agreed with Blake's findings and said that transfer is "out of the question."

Told of the test results, Malave was surprised. "It's impossible, because I never had sex with Jane." He contends that somehow Jane tampered with the evidence.

But now it's Jane who feels vindicated: "It means that I didn't do a bad, evil thing to an innocent man. It's the start of a new day, it's the start of a new life, that's peace!"

A Crime Of The Mind: Part I

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  • David Kohn

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