Beer Born On Date
Beer Born On Date

Every­one wants to eat fresh food as opposed to stale food. No one wants to drink skunked beer. So, we have born-on dates on cer­tain foods and food­stuff. This allows us to judge whether or not we want to accept it and drink/eat it.

Car­rier gas purity is a big issue in Gas Chromatography. We have to remem­ber that helium is the mobile phase that car­ries the ana­lytes that are going to be ana­lyzed. It pres­sur­izes the sys­tem to “push” the injected sam­ple through the col­umn. Ide­ally, the car­rier phase is totally inert which means that it does not inter­act with the sta­tion­ary phase or the ana­lytes of inter­est. We can’t have it inter­act with either so as to change the sam­ple or the result. Although helium is not the very best car­rier gas to use per the Van Deemter equa­tions, it has become more or less the dom­i­nant car­rier gas used in foren­sic test­ing lab­o­ra­to­ries when GC is used. Helium is typ­i­cally deliv­ered in a lab­o­ra­tory and stored in a cylinder.

Again, the car­rier gas must be totally inert which means that it does not inter­act with the sta­tion­ary phase or the ana­lytes of inter­est. For test­ing of VOC’s by GC-FID, helium meets this 2 cri­te­rion. It is totally inert which means that it does not inter­act with the sta­tion­ary phase or the ana­lytes of interest.

What if this were not so?

What if the car­rier gas is not pure and does not con­tain only helium but instead con­tains things that are not inert but con­tains things that inter­act with the sta­tion­ary phase or the ana­lytes of inter­est and are even detected?

The valid­ity of our results may be compromised.

This is a real problem.

Gas man­u­fac­tur­ers place out on the mar­ket for lab­o­ra­to­ries to buy dif­fer­ent purities.

  • high purity (99.998% min. purity)
  • ultra-high purity (99.999% min. purity)
  • research grade (99.9999% min. purity)

But are you in fact buy­ing that truly that level of pure gas?

Maybe not.

The gas man­u­fac­tur­ers mea­sure purity not as it is actu­ally con­tained in the cylin­der. It is mea­sured BEFORE it gets placed into the cylin­der. The man­u­fac­turer mea­sures for oxy­gen, mois­ture, total hydro­car­bons, car­bon monox­ide, nitro­gen, and oth­ers while it is being deliv­ered to the cylin­der. Again, no one at the man­u­fac­turer tests the purity after it is actu­ally placed in the cylinder.

Cus­tomers pur­chase the gas and rent the con­tainer (This is called “demurrage”).

There will always be some level of hydro­car­bons in the cylin­der as the gas is never ever 100% pure even when it is deliv­ered for the very first time.

Every time the cylin­der is emp­tied through use, it needs to be refilled. The gas com­pa­nies sim­ply hook the cylin­der up to a vac­uum and run the vac­uum through a cycle 3 times. Helium is very, very light, there­fore, it is first in time to be removed and is very easy to remove through the vac­uum. Hydro­car­bons are much heav­ier by com­par­i­son and there­fore will be the last in order to be removed and requires more vac­uum to remove. These three cycles is sim­ply not enough to remove all the hydro­car­bons. As this process of emp­ty­ing and fill­ing hap­pens over time with the incom­plete “drain­ing” (clear­ing) of hydro­car­bons each time, hydro­car­bons will build up in increas­ing con­cen­tra­tion over time. So, it is impor­tant to note the cylin­der “born on date” to gauge the poten­tial of increased hydro­car­bons over time in the cylin­der and there­fore intro­duced into the sam­ple that is going to be analyzed.

Hydro­car­bons will inter­act with the sam­ple and the sta­tion­ary phase. Remem­ber that a Flame Ion­iza­tion Detec­tor will burn all hydro­car­bons and there­fore detect it. There­fore, it is a poten­tial source for con­t­a­m­i­na­tion and cast doubt on the valid­ity of the reported result.

Cylinder Born on Date
Cylin­der Born on Date above is 07/07 or July of 2007
 

It’s been long known that the Hous­ton Crime Lab­o­ra­tory has strug­gled for a long time.

Huston Crime Laboratory DNA Section

Hus­ton Crime Lab­o­ra­tory DNA Section

Accord­ing to www.hpdlabinvestigation.org the rel­e­vant his­tor­i­cal con­text can be summed up as follows:

The pub­lic cri­sis that even­tu­ally led to the hir­ing of an inde­pen­dent inves­ti­ga­tor to review the Crime Lab’s oper­a­tions began on Novem­ber 11, 2002, with the first in a series of inves­tiga­tive news reports that aired on KHOU–Channel 11, a local Hous­ton tele­vi­sion sta­tion.  These tele­vi­sion news reports, which were reported to be the prod­uct of a three–month inves­ti­ga­tion per­formed by KHOU in con­sul­ta­tion with out­side foren­sics sci­en­tists, severely crit­i­cized the foren­sic analy­sis per­formed by the DNA/Serology Sec­tion of the Crime Lab in a num­ber of spe­cific cases.

Within a month of the air­ing of the first of these news reports, Act­ing Chief of Police Tim­o­thy Oettmeier com­mis­sioned an out­side review of the Crime Lab’s DNA/Serology Sec­tion.  Rep­re­sen­ta­tives from the Texas Depart­ment of Pub­lic Safety (“DPS”) Crime Lab Head­quar­ters and the Tar­rant County Med­ical Examiner’s Office per­formed an audit of the Crime Lab’s DNA/Serology sec­tion over the course of two days, Decem­ber 12 and 13, 2002.  On Decem­ber 18, 2002, based on the pre­lim­i­nary oral report of the audi­tors prior to the issuance of their final audit report, HPD sus­pended the per­for­mance of all DNA analy­sis by the Crime Lab.  The final report doc­u­ment­ing the audit’s find­ings was issued on Jan­u­ary 10, 2003.  DNA work by the Crime Lab has remained con­tin­u­ously sus­pended to this day, although HPD is hop­ing to re–open the DNA Sec­tion by the end of this cal­en­dar year.

In early 2003, HPD, in close con­sul­ta­tion with the Har­ris County Dis­trict Attorney’s Office, began a time–consuming process of iden­ti­fy­ing all cases in which some form of DNA analy­sis had been per­formed by the Crime Lab.  This process evolved into a long–term re-testing project coör­di­nated among HPD, the Har­ris County Dis­trict Attorney’s Office, and out­side DNA lab­o­ra­to­ries, which has iden­ti­fied for re-testing a total of 407 crim­i­nal cases involv­ing DNA analy­sis per­formed by the Crime Lab.

On or about Feb­ru­ary 21, 2003, Don­ald Krueger, the head of the Crime Lab, retired after serv­ing in that capac­ity for approx­i­mately eight years.  Fol­low­ing Mr. Krueger’s retire­ment, Robert Bobzean, a senior man­ager in the Crime Lab, took over lead­er­ship of the Lab on an interim basis.  In mid–July of that year, Frank Fitz­patrick of the Orange County (Cal­i­for­nia) Sheriff-Coroner’s Office was appointed Interim Direc­tor of the Crime Lab as part of a con­tract entered into by the City with the National Foren­sic Sci­ence Tech­nol­ogy Cen­ter (“NFSTC”), a non–profit entity whose mis­sion is “to pro­vide qual­ity sys­tems sup­port, train­ing and edu­ca­tion to the foren­sic sci­ence com­mu­nity in the United States.”  Dur­ing the course of its con­sul­ta­tion with the Crime Lab, the NFSTC pro­duced writ­ten eval­u­a­tions of var­i­ous aspects of the Crime Lab.  In Octo­ber 2003, ques­tions arose related to the per­for­mance of the Tox­i­col­ogy Sec­tion, which led to the sus­pen­sion that month of tox­i­co­log­i­cal analy­sis by the Crime Lab.  Also in Octo­ber 2003, Irma Rios was appointed to be the new per­ma­nent head of the Crime Lab.  Ms. Rios had been with the DPS crime lab­o­ra­tory sys­tem for over nine­teen years and was a mem­ber of the out­side audit team that reviewed the Crime Lab’s DNA/Serology Sec­tion in Decem­ber 2002.

The Inter­nal Affairs Divi­sion inves­ti­gated sev­eral Crime Lab cases for both crim­i­nal and admin­is­tra­tive vio­la­tions. As a result of the inves­ti­ga­tions, var­i­ous admin­is­tra­tive cites were sus­tained. Sev­eral super­vi­sors resigned in lieu of ter­mi­na­tion. Based on the sever­ity of the vio­la­tions, dis­ci­pline ranged from a writ­ten rep­ri­mand to 28 days of sus­pen­sion. All of the inter­nal affairs inves­ti­ga­tions were reviewed by the Dis­trict Attorney’s Office for crim­i­nal mis­con­duct. Two sep­a­rate Grand Juries reviewed the evi­dence in the crime lab inves­ti­ga­tions and no indict­ments were returned. (What a shocker!)

[Source: http://www.houstontx.gov/police/crimelab_faq.htm]

Now there is a new wrin­kle in the saga:

City Lead­ers Blast Houston’s Crime Lab

by: Lau­rie Johnson

Houston’s crime lab con­tin­ues to spark debate at City Hall. Coun­cilmem­bers ques­tioned why they should con­tinue to autho­rize con­tracts for the lab when the city intends to out­source its evi­dence to an inde­pen­dent lab in the future.

The Hous­ton Police Department’s belea­guered crime lab took more crit­i­cism from a few city coun­cilmem­bers as they chal­lenged a five year con­tract to pur­chase DNA kits for HPD, another con­tract to ana­lyze the crime lab’s back­log of rape kits stored on site for years and a con­tract for fin­ger­print analysis.

This is Coun­cilmem­ber C.O. Brad­ford, who was once HPD’s police chief.

“For years now, I’ve been ask­ing, and a year and a half as a coun­cilmem­ber, where is the long range plan for the crime lab? What are we going to do to resolve the out­stand­ing issues asso­ci­ated with the Hous­ton Police Depart­ment or crime lab. And it’s fair to say that my expe­ri­ence, my back­ground and my involve­ment with some of the past issues in the crime lab put me in a unique posi­tion to stand pub­licly and say that we need a plan.”

Brad­ford says police chiefs are not sci­en­tists and are not qual­i­fied to over­see crime lab operations.

“There­fore, we need to move aggres­sively, in my view, to remove the crime lab and its asso­ci­ated activ­i­ties to an inde­pen­dent entity out­side the scope of the Hous­ton Police Depart­ment, because we really do need super­vi­sion and over­sight from per­son­nel that are sci­en­tists and have the proper back­ground to over­see what’s going on with the analysis.”

Hous­ton Mayor Annise Parker says she agrees that the city shouldn’t be oper­at­ing its own crime lab. She sup­ports the idea of an inde­pen­dent regional lab that would pro­vide ser­vices for the city and Har­ris County along with other area municipalities.

“One of the dif­fi­cul­ties we have is we don’t have any money — any spare money. The county really doesn’t either. We believe that it’s only appro­pri­ate to have an inde­pen­dent crime lab. And I think the pref­er­ence at the county is for them to con­trol the crime lab and they’d like us to brings ours under them.”

Coun­cilmem­ber Jolanda Jones also voiced her con­cerns about the city’s lack of a plan. Jones, who is an attor­ney, dealt with crime lab issues back in 2002 on one of her legal cases and says she’s tired of still talk­ing about it.

“I will tell you to this day in every dis­ci­pline at the crime lab, col­lec­tion of evi­dence is prob­lem­atic. But we are try­ing to pre­tend like the crime lab is okay.”

The coun­cil approved the three con­tracts for crime lab ser­vices, although Coun­cilmem­bers Jones, Brad­ford and Mike Sul­li­van voted against the fin­ger­print contract.

Here! Here! to Coun­cilmem­ber Brad­ford when he says the truth: “police chiefs are not sci­en­tists and are not qual­i­fied to over­see crime lab oper­a­tions” and that sci­en­tists should over­see the sci­ence and the admin­is­tra­tion of the laboratory.

C.O. Bradford

Coun­cilmem­ber C.O. Bradford

 
Lions and Tigers and Bears... Verifiers, Calibrators and Controls... Oh my!
Lions and Tigers and Bears… Ver­i­fiers, Cal­i­bra­tors and Con­trols… Oh my!

Some­times a crim­i­nal defense attor­ney can at times feel like Dorothy in the Wiz­ard of Oz in that we are trans­ported from the rel­a­tive safety of home (the court­room) to the weird world of Oz (the lab­o­ra­tory). There are unusual and often times con­flict­ing phrases and words that seem to defy com­mon sense. Some­times, words and phrases are used inter­change­ably and with lit­tle appar­ent dis­tinc­tion. In this post we will exam­ine a decon­vo­lute some of these impor­tant terms.

Qual­ity Con­trol- We cov­ered the con­cept of Qual­ity Con­trol (QC) before. QC is strictly speak­ing a process that is used to con­struct the cal­i­bra­tion curve that our knowns are tested and then an unknowns are tested against. This is typ­i­cally per­formed in the begin­ning of the run.

Standards/Controls- is a ref­er­ence solu­tion or test solu­tion used for assess­ment of the per­for­mance of an ana­lyt­i­cal pro­ce­dure. A rig­or­ously tested and high qual­ity known ana­lyte at a cer­tain con­cen­tra­tion is known as a Cer­ti­fied Ref­er­ence Mate­r­ial (CRM). CRMs are gen­er­ally gov­erned by ISO Guide 34:2009. NIST makes its own ser­vice marked brand of CRMs named Stan­dard Ref­er­ence Mate­ri­als (SRMs). CRMs and SRMs should have state­ments of cal­i­bra­tion (pre­ci­sion) and boas (accuracy).

Cal­i­bra­tor- Often it is in the begin­ning of a run. What makes a stan­dard or con­trol a cal­i­bra­tor is that it is placed before the unknowns are tested. The cal­i­bra­tors are run in a series over the hoped for lin­ear dynamic range. The response from the test­ing of the cal­i­bra­tors is plot­ted on a sig­nal ver­sus con­cen­tra­tion y-x axis graph. A line is drawn along the data points with the R2 cal­cu­lated to deter­mine if the response is lin­ear. Cal­i­bra­tors are used to con­struct the cal­i­bra­tion curve. It is the QC of a quan­ti­ta­tive process. A cal­i­bra­tor is a solu­tion hope­fully from a trace­able source and hope­fully a CRM/SRM with a known amount (con­cen­tra­tion) of ana­lyte of inter­est that is hope­fully pure and only con­tains that ana­lyte of inter­est. It is placed within the batch of the run as part of the QC pro­ce­dures to insure that the ana­lyt­i­cal instru­ment is detect­ing the known within an estab­lished stated and often times arbi­trary range of values.

Ver­i­fier- Often it is in the mid­dle of a run or at an end of the run. What makes a stan­dard or con­trol a ver­i­fier is that it is placed among the unknowns are tested after the run. It too con­tains a known ana­lyte at a known con­cen­tra­tion. It is placed within or at the end of the run to insure that the ana­lyt­i­cal instru­ment is detect­ing the known within an estab­lished tol­er­ance through­out the test­ing of unknowns. Think of it as a check. If the test­ing method has a scheme where the lab­o­ra­tory places a ver­i­fier amongst the unknowns tested, then this is not a func­tion of qual­ity con­trol, but rather an act of verification.

There is a big dif­fer­ence. QC data (where a series of cal­i­bra­tors are used over a range of con­cen­traions) is used to estab­lish a cal­i­bra­tion curve. The data is inputted and R2 value is cal­cu­lated and then the data adjusted to make it fit. Ver­i­fi­ca­tion data sim­ply tests at one point on the cal­i­bra­tion curve already estab­lished, that data is then eval­u­ated by a human, not a machine, and no adjust­ment is made to cor­rect for bias if the ver­i­fier data result does not per­fectly fit against the cal­i­bra­tion curve expected result. The cal­i­bra­tion curve is not altered based upon this new data point. Test­ing con­tin­ues if the ver­i­fi­ca­tion data is within an arbi­trary range. Again, even if the ver­i­fi­ca­tion data shows appre­cia­ble bias, noth­ing is done about it. Unfor­tu­nately, a lot of crim­i­nal lab­o­ra­to­ries in an effort to save money (which really is not that much) make their own in-house ver­i­fier solu­tions. I call this home brew or lab­o­ra­tory moon-shining. The dif­fi­culty with mak­ing it on your own is two fold: (1) You may make it wrong (impu­ri­ties or impre­cise or inac­cu­rate con­cen­tra­tion lev­els), and (2)it’s like the fox guard­ing the hen house in that you are trust­ing the lab­o­ra­tory to guard itself.

Home brew is not a good idea

Home brew is not a good idea

You must under­stand the dif­fer­ence between cal­i­bra­tors and verifiers.

 

There is a large dif­fer­ence between a sin­gle col­umn analy­sis and a dual col­umn analy­sis when it comes to the abil­ity to most cor­rectly iden­tify and quan­ti­tate an unknown in the sci­en­tific world.

In foren­sic sci­ence, we are con­stantly test­ing unknowns. What is meant by this is that we have a sam­ple that is seized from a crime scene or from a per­son, but we don’t know what it con­tains. For exam­ple, in blood analy­sis for EtOH in an alleged DUI case, we have a sam­ple of blood that is taken from the accused, but just by look­ing at it, we can­not know if there is even ethanol in it, and even if present, how much there is. We need to ana­lyze it using instru­men­ta­tion in a sci­en­tific manner.

We can't tell if there is EtOH in this sample just by looking at it
We can’t tell if there is EtOH in this sam­ple just by look­ing at it

When we are look­ing to be sci­en­tific about our analy­sis we are look­ing to be as spe­cific as pos­si­ble, and try­ing not to be merely selec­tive. There is a large and impor­tant sci­en­tific dif­fer­ence between being selec­tive and spe­cific. As we wrote before on this blog: Metrol­ogy in Quan­ta­tive Mea­sure: Is it Spe­cific or Selec­tive or Neither…

The Inter­na­tional Union of Pure and Applied Chem­istry (IUPAC), which is the world author­ity on chem­i­cal nomen­cla­ture, ter­mi­nol­ogy, stan­dard­ized meth­ods for mea­sure­ment, atomic weights and other crit­i­cally eval­u­ated data and oth­ers have defined the dif­fer­ence between these often con­fused terms as follows:

A spe­cific reac­tion or test is one that occurs only with the sub­stance of inter­est, while a selec­tive reac­tion or test is one that can occur with other sub­stances but exhibits a degree of pref­er­ence for the sub­stance of inter­est.  Few reac­tions are spe­cific, but many “exhibit selectivity”.

Other com­mon def­i­n­i­tions include:

Selec­tiv­ity gives an indi­ca­tion of how strongly the result is affected by other com­po­nents in the sample.

and also

Selec­tiv­ity refers to the extent to which the method can be used to deter­mine par­tic­u­lar ana­lytes in mix­tures or matri­ces with­out inter­fer­ences from other com­po­nents of sim­i­lar behavior.

A selec­tive test may be not a spe­cific test due to cross-reactivity, inter­fer­ence, or codetermination.

So, we search for he most spe­cific form of analy­sis. In the world of DUI for EtOH, the gov­ern­ment typ­i­cally set­tles for Head­space gas Chro­matog­ra­phy with Flame Ion­iza­tion Detec­tor (HS-GC-FID). GC-FID is not the most spe­cific test avail­able for EtOH exam­i­na­tion as there is Gas Chro­matog­ra­phy with Mass Spec­trom­e­try (GC-MS) for exam­ple which is much more selec­tive and bor­ders on spe­cific when it comes to EtOH analy­sis, but for what­ever pol­icy rea­son, the gov­ern­ment chooses not to do the most scein­tific thing which is to use the most spe­cific assay avail­able. There is no sci­en­tific rea­son not to test for EtOH on the most spe­cific assay avail­able. In fact, it could be legit­i­mately argued that rely­ing on GC-FID instead of GC-MS for EtOH deter­mi­na­tion and quan­tifi­ca­tion is not sci­en­tific as GC-MS exists and is read­ily avail­able. How­ever, that is a post for another day.

As we are seemly inex­plic­a­bly stuck with the sci­en­tific step-sister of analy­sis in GC-FID as opposed to GC-MS, we must look at ways that the gov­ern­ment chooses to employ GC-FID to see whether or not as an assay it is valid. As our last series of posts “Method Val­i­da­tion for Lawyers” revealed, there is power in the words “valid” and “valid­ity.” With­out hav­ing a truly valid method that has been proven to be suit­able for its intended pur­pose, we can­not have a valid result.

Some foren­sic lab­o­ra­to­ries choose to use a con­fig­u­ra­tion in GC-FID that is known as a sin­gle col­umn, sin­gle injec­tion setup. In this set up there is one installed col­umn and the ana­lyst makes one injec­tion (or the autosam­pler does) to test the sample.

An installed single column GC-FID setup
An installed sin­gle col­umn GC-FID setup

With­out any sci­en­tific doubt, a sin­gle col­umn method of analy­sis is not foren­si­cally or sci­en­tif­i­cally defen­si­ble or acceptable.

Remem­ber that when we use GC-FID, we can never achieve true speci­ficity, the most we can hope for is the pos­si­bil­ity of being merely selec­tive as demon­strated and proven through the res­o­lu­tion stan­dard (sep­a­ra­tion matrix/standard mix). The qual­i­ta­tive result is only based upon one cri­te­ria which is the reten­tion time. Reten­tion times through any given col­umn are not unique to one spe­cific volatile organic com­pound (VOC) to the exclu­sion of every thing else in the uni­verse. Hence, we have the often repeated phrase that all legit­i­mate tech­ni­cally trained chro­matog­ra­phers know and can recite in their sleep—the lim­i­ta­tion of GC-FID is that the reten­tion time is merely char­ac­ter­is­tic of a com­pound and cer­tainly not adju­dica­tive or con­fir­ma­tory of the speci­ficity of that com­pound— mean­ing a peak at a given reten­tion time is not a unique qual­i­ta­tive mea­sure (to the exclu­sion of every other com­pound in the universe).

Don’t take just my word for it con­sider the following:

As ven­er­ated Pro­fes­sor Harold McNair, PhD writes in his book, Basic Gas Chro­matog­ra­phy,

Reten­tion times are char­ac­ter­is­tic of a GC sys­tem, but they are not unique, so GC reten­tion times can­not be used for qual­i­ta­tive confirmation.

He fur­ther writes:

Iden­ti­fi­ca­tion of an unknown by com­par­i­son to reten­tion times using stan­dards that forms the basis of the qual­i­ta­tive analy­sis [in GC-FID analysis].

He con­cludes:

Unfor­tu­nately, GC sys­tems can­not con­firm the iden­tity or struc­ture of any peak. Reten­tion times are related to par­ti­tion coef­fi­cients (Chap­ter 3); and while they are char­ac­ter­is­tic of a well-defined sys­tem, they are not unique.

How do we acknowl­edge this lim­i­ta­tion in the lack of speci­ficity and try to mit­i­gate it?

We can add a dif­fer­ent col­umn and ana­lyze the sam­ple con­cur­rently on both columns. As we learned in our post What is a Gas Chro­matog­ra­phy col­umn and why should I care?, the col­umn, if prop­erly selected and prop­erly installed, is what pri­mar­ily causes the sep­a­ra­tion of the var­i­ous VOCs to occur. What we do is select two dif­fer­ent columns with two dif­fer­ent sta­tion­ary phases. We attach a y-splitter that will take the sin­gle injec­tion made into the injec­tor port and divide the sam­ple into two dif­fer­ent path­ways with one part of the sam­ple going to one col­umn for analy­sis and the sec­ond part going to another col­umn for analysis.

A y-splitter
A y-splitter splits the same sam­ple injec­tion and sends the parts to two dif­fer­ent columns for analysis

The strength of a well-designed dual col­umn analy­sis method where the sta­tion­ary phase is dif­fer­ent between the two columns is that this dif­fer­ence in the sta­tion­ary phase will cause dif­fer­ent sep­a­ra­tion of the ana­lytes (both in terms of reten­tion time and pos­si­bly even elut­ing order) as proven by the chro­matograms of the analy­sis of the res­o­lu­tion stan­dard (sep­a­ra­tion matrix/standard mix). This dif­fer­ent elut­ing order and dif­fer­ent reten­tion times only min­i­mizes, but does not entirely elim­i­nate the pos­si­bil­ity of co-elution as again, the resolv­ing (sep­a­rat­ing) power of the method is only deter­mined by one non-unique mea­sure which is the two reten­tion times. Even though there is a change in the elut­ing order poten­tially and the reten­tion times are dif­fer­ent based upon the sta­tion­ary phase com­po­si­tion, again, it must be empha­sized that the basic lim­i­ta­tion of GC-FID remains in that a reten­tion time is merely char­ac­ter­is­tic of the ana­lyte, but is cer­tainly not confirmatory.

A schematic of a dual column GC-FID. Note the change in the eluting order and retention time among the columns
A schematic of a dual col­umn GC-FID. Note the change in the elut­ing order and reten­tion time among the columns

This is why dual col­umn is referred to as the poor man’s Mass Spec as it has a more orthog­o­nal approach towards the qual­i­ta­tive mea­sure than does a sin­gle column.

How the cur­rent trend of the crime lab­o­ra­tory using a dual col­umn GC-FID is alarm­ingly unscientific.

What is most alarm­ing to me is the trend that is devel­op­ing across the United States where the sec­ond col­umn is not being used for quan­tifi­ca­tion at all. In this trend that I see sweep­ing all across the US, the sec­ond col­umn is merely being used as a “con­fir­ma­tory” col­umn in that if the reten­tion time matches with the standards/controls in the Qual­ity Con­trol sam­ples, then it is pre­sented as “ver­i­fied” in terms of the qual­i­ta­tive mea­sure by sim­ply that sec­ond col­umn match­ing reten­tion time with the knowns that act as the standards/controls. As we explain above, that is a dan­ger­ous and unsci­en­tific approach.

Installed dual column GC-FID

Installed dual col­umn GC-FID

The rea­son that this is so impor­tant given the above con­text (there are other rea­sons that it is alarm­ing, but I want to stick to this ref­er­ence) is that with­out the sec­ond col­umn giv­ing a quan­ti­ta­tive mea­sure, we can­not fairly elim­i­nate co-elution (where two com­pounds elute at the same time, but only get iden­ti­fied and quan­ti­tated as one com­pound) because if the sec­ond col­umn is used to also quan­tify it will serve as an indi­rect deter­mi­na­tion of whether or not there is co-elution. If the sec­ond col­umn also pro­vides a quan­tifi­ca­tion of the unknown, we would exam­ine the pre­ci­sion of the quan­ti­ta­tive results (how closely the num­bers agree among those given by col­umn A and those of col­umn B– do the A’s match the B’s?). If there is co-elution that was “dis­cov­ered” by the dual col­umn approach, then we would expect to see impre­ci­sion between these num­bers (the A’s don’t match the B’s).

Now that they have decided as an orga­ni­za­tion to not quan­ti­tate on the sec­ond col­umn, we have lost a vital part of qual­ity con­trol and the lab super­vi­sor has lost a pow­er­ful tool of qual­ity assur­ance. It is just bad science.

Fur­ther, there is no legit­i­mate sci­en­tific rea­son for quan­ti­at­ing on the sec­ond col­umn. If you are doing good qual­ity work ad your meth­ods and instru­ments are in con­trol, then your num­bers should agree.

It’s not a time thing.

As it is a sin­gle injec­tion y-splitter dual col­umn analy­sis any­way, the amount of time it takes to make a cal­i­bra­tion curve, eval­u­ate it and then incor­po­rate it into the soft­ware for one col­umn is vir­tu­ally the same amount of time to do the same on col­umn 2. There is vir­tu­ally no added time. It makes no sense from a sci­ence point-of-view.

So in con­clu­sion, we can fairly con­clude the following:

  • Sci­en­tif­i­cally, we always want to test our unknowns on the most spe­cific assay available.
  • GC-FID is not the most spe­cific assay available.
  • Lab­o­ra­to­ries that use sin­gle col­umn GC-FID as their method of analy­sis do not pro­duce foren­si­cally or sci­en­tif­i­cally defen­si­ble or accept­able results.
  • Lab­o­ra­to­ries who use dual col­umn GC-FID that do not quan­ti­tate on both their columns do not pro­duce foren­si­cally or sci­en­tif­i­cally defen­si­ble or accept­able results.
  • Good sci­ence is not always prac­ticed in the mod­ern state crime laboratory.
 

As I have writ­ten before a lot of foren­sic sci­ence is really legit­i­mate ana­lyt­i­cal chem­istry that is re-purposed for the court­room, but with­out proper sci­en­tific method val­i­da­tion before deploy­ing it into this new pur­pose. This re-purposing of legit­i­mate tech­niques and employ­ing them with­out exam­in­ing the true valid­ity of doing so is not sci­en­tific. I call this police sci­ence, not true sci­ence. It is sci­ence fiction.

It is the dif­fer­ence between data-driven deci­sions ver­sus data dri­ving the decisions.

The prob­lem with this approach is that the valid­ity of the tech­nique is doubt­ful when­ever we do so. In fact, when we do so we truly have a non-validated result. When we look at the data, the valid­ity of the re-purposed is com­pro­mised and in the worst cases is truly invalid.

What I am about to do is to show you some data. This data comes from the col­umn man­u­fac­tur­ers them­selves. It is their pub­lished data and chro­matograms from their best equip­ment and by their tech­ni­cal experts run­ning the instru­ments. They put the infor­ma­tion on their web­sites, in their trade mag­a­zines, and in their sales cat­a­logs. It is their most beau­ti­ful work. So, in other shorter words: This is as good as it gets. Like most things in life, when applied in prac­tice in the real world out­side of the man­u­fac­turer, the opti­mal that these chro­matograms rep­re­sent are not repli­cated in the crime lab­o­ra­tory. Fre­quently, the chro­matog­ra­phy is worse.

Before we review the data, let’s brush up on some of our fundamentals.

In our post What is a Gas Chro­matog­ra­phy col­umn and why should I care?, we learned that the col­umn is the main dri­ving force of our chro­mato­graphic goal which is to sep­a­rate, cre­ate speci­ficity and make for a unique qual­i­ta­tive mea­sure that answers the ques­tion of “What do we have to the exclu­sion of every­thing else in the uni­verse?” We also know that with­out proper sep­a­ra­tion (res­o­lu­tion), then we can­not pro­vide legit­i­mately for a valid quan­ti­ta­tive result which seeks to answer our ques­tion: “Of what we were able to sep­a­rate (or not) how much do we have?” Finally, we learned in our post Mass Spec­troscopy for Lawyers Part 8: A sci­en­tific war, between spec­tro­scopists and chro­matog­ra­phers is co-eution a prob­lem in hyphen­ated MS work? that co-elution and the lack of proper sep­a­ra­tion (res­o­lu­tion) in Mass Spec­trom­e­try invites in ques­tions of human integrity and the chance of incor­rect inter­pre­ta­tion (judg­ment calls) that can result in the wrong qual­i­ta­tive result.

We have a non-colloidal mix­ture of a whole bunch of stuff. It is injected into the machine. Based upon the chem­i­cals in the coat­ing of the inner wall of the col­umn (called the sta­tion­ary phase), it will attract dif­fer­ent com­pounds dif­fer­ently and “hold them up” as they travel along the length of the col­umn. Put more sim­ply, if you select the right sta­tion­ary phase, dif­fer­ent com­pounds in the non-colloidal mix “hang around” longer than oth­ers in the col­umn. Depend­ing upon the sta­tion­ary phase we chose to use, we can cause the sep­a­ra­tion of the dif­fer­ent com­pounds. Dif­fer­ent sta­tion­ary phase, we get dif­fer­ent sep­a­ra­tion either mea­sured in time or even in order of what comes out and when. There is no such thing as a uni­ver­sal “I sep­a­rate every­thing” col­umn for the very rea­son we have pointed out before—namely there are so many dif­fer­ent com­pounds (65 mil­lion reg­is­tered in CAS). Sep­a­ra­tion in the sta­tion­ary phase is based pri­mar­ily upon boil­ing point and polarity.

So what the police do is they re-purpose a col­umn from another appli­ca­tion (DB5 col­umn which is the most uni­ver­sal col­umn used in indus­try– 5%-Phenyl-methylpolysiloxane), stick a new title on it with­out doing any­thing more to improve it (EVDX-5MS), shoot cer­ti­fied ref­er­ence mate­ri­als through in a res­o­lu­tion matrix and get the fol­low­ing type of separation.

The Commandments of Chromatography

The Com­mand­ments of Chromatography

So, now with that refresher/reminder in place, we can look at data.

Notice how all of the peaks are not well resolved

Notice how all of the peaks (4.5) are not well resolved

 

Agilent publishes these as the purposes for this one column

Agi­lent pub­lishes these as the pur­poses for this one col­umn DB-35ms

 

The underlying manufacturer's chromatogram of this re-purposed column shows poor chromatography

The under­ly­ing manufacturer’s chro­matogram of this re-purposed col­umn (DB-35ms) shows poor chromatography

 

poor resolution again

Poor res­o­lu­tion again

Very poor resolution

Very poor resolution

 

I am fond of point­ing out that a Gas Chro­mato­graph (GC) and a Liq­uid Chro­mato­graph (LC) are not like a sim­ple cal­cu­la­tor where any­one walk­ing up to a cal­cu­la­tor regard­less if it is a 2 year old or a PhD in math­e­mat­ics who keys in 2+2, the result will always be 4, it requires inter­pre­ta­tion and elu­ci­da­tion. The machine has to be taught what the tar­get ana­lyte is (e.g., ethanol) and most impor­tantly what it is not by using a res­o­lu­tion standard/separation matrix. It also has to be taught how much there is through the process of cal­i­bra­tion. Out of the box from the ven­dor, the GC or LC knows noth­ing. In other words, the process is fun­gi­ble and sub­jec­tive. It is a human process and there­fore open to the whims of human integrity.

Here is a part of the Agi­lent web­site that proves this very point. It really speaks to the point that the raw data com­ing from the chro­mato­graph must be manip­u­lated in order to get an answer:

Agilent software screen capture

Agi­lent soft­ware screen capture

The above screen­shot comes from Agilent’s web­site and it reads:

In today’s ana­lyt­i­cal research and qual­ity con­trol labs, ana­lysts con­trol their chro­mato­graphic instru­men­ta­tion with Chro­matog­ra­phy Data Sys­tems (CDS) Soft­ware. With ana­lysts now spend­ing more time review­ing, re-analyzing and manip­u­lat­ing their data, soft­ware has become a key tool in the ana­lyt­i­cal lab­o­ra­tory. Open­LAB CDS offers you intu­itive oper­a­tion and admin­is­tra­tion, automa­tion of rou­tine tasks and advanced report­ing with built-in export func­tions to MS Excel and Adobe PDF for­mats and will reduce ana­lyt­i­cal errors with supe­rior instru­ment con­trol for Agi­lent and 3rd party instru­ments – reduc­ing the time your ana­lysts spend on soft­ware and giv­ing them more time to run samples.

So I renew again my call for those lab­o­ra­to­ries that engage in test­ing and cal­i­bra­tion pro­vide the raw com­puter data.

 

In a series of posts, we are going to talk about Mass Spectrometry.

  1. Introduction-The dif­fer­ent con­fig­u­ra­tions and the Elec­tron Impact process
  2. What types of mass ana­lyz­ers are there?
  3. What type of detec­tors are there?
  4. What types of analy­sis can be done?
  5. How do you read the output?
  6. How do they come to a qual­i­ta­tive mea­sure using software?
  7. How do they quan­ti­tate the results?
  8. Do you need chro­matog­ra­phy if you are using Mass Spectrometry?
  9. Other top­ics of inter­est about GC-MS

In this post, I would just like to list all of our past posts in both Gas and Liq­uid Chro­matog­ra­phy regard­less of the method of sam­ple intro­duc­tion or method of detec­tion. They are in no par­tic­u­lar order. Please enjoy.

 

In a series of posts, we are going to talk about Mass Spectrometry.

  1. Introduction-The dif­fer­ent con­fig­u­ra­tions and the Elec­tron Impact process
  2. What types of mass ana­lyz­ers are there?
  3. What type of detec­tors are there?
  4. What types of analy­sis can be done?
  5. How do you read the output?
  6. How do they come to a qual­i­ta­tive mea­sure using software?
  7. How do they quan­ti­tate the results?
  8. Do you need chro­matog­ra­phy if you are using Mass Spectrometry?
  9. Other top­ics of inter­est about GC-MS

There seems to be a debate, more like a sci­en­tific war, between spec­tro­scopists and chro­matog­ra­phers. It boils down to this fun­da­men­tal question:

Does co-elution mat­ter if one uses Mass Spectrometry?

Well, the answer is yes, of course. Here is why…

  1. If it were indeed true that we do not need well resolved (sep­a­rated) and spe­cific peaks before we use mass spec­trom­e­try (i.e., co-eluting peaks don’t mat­ter), then we would not waste our time with the chro­matog­ra­phy aspect of the gas chro­mato­graph. The GC part of the GC-MS method takes the most amount of time using this tech­nique, and if we could cut that out com­pletely and per­form instead what is called a direct intro­duc­tion (DI) or direct inter­face (DI) probe into the MS alone, then we would increase through­put tremen­dously. We could test so many more sam­ples. But we don’t and for good rea­son. One of the rea­sons that we just do not per­form DI and we need chro­matog­ra­phy with need well resolved peaks is that it is very easy to use too much sam­ple in the DI method system.

    DI to the MS

    DI to the MS

  2. If you are test­ing pure com­pounds, then DI may be a very use­ful tech­nique. It is fast and rugged requir­ing very low sam­ple size. How­ever, in our world, the foren­sic world, the chances of either get­ting a pre-consumption unknown drug in pure form is extremely rare. Fur­ther if the sam­ple is in post-consumption matrix (e.g., blood, tears, sweat, urine, blood), then we know that the sam­ple is not pure.
  3. Pro­fes­sors Harold McNair, PhD and Fred W. McLaf­ferty, PhD as well as Dr. Mar­vin C. McMas­ter and Dr. Lee Polite warn against intro­duc­ing into MS analy­sis any­thing other than pure com­pounds (one way to get pure com­pounds is through the use of a GC). Pro­fes­sor McLaf­ferty in Inter­pre­ta­tion of Mass Spec­tra wrote as fol­lows: “If sev­eral com­pounds are present in the sam­ple, the result­ing spec­trum will rep­re­sent a lin­ear super­po­si­tion of the com­pe­tent spec­tra.” Dr. McNair puts even more sim­ply, “Just don’t do it. Use the advan­tages of good chro­matog­ra­phy first, then you have lit­tle chance of error in the report­ing of your results.” Another author­ity in the field Dr. Mar­vin C. McMas­ter writes “A mass spec­trom­e­ter is an excel­lent tool for clearly iden­ti­fy­ing the struc­ture of a sin­gle com­pound, but it is less use­ful when pre­sented with a mix­ture.” He fur­ther writes “A good chro­mato­graphic sep­a­ra­tion based on cor­rect selec­tion of injec­tor type and throat mate­r­ial, col­umn sup­port, car­rier gas and oven tem­per­a­ture ramp­ing, and a prop­erly designed inter­face feed­ing into the ion source can make or break the mass spec­tro­met­ric analy­sis.” He con­cludes, “The mass spec­trom­e­ter is designed to ana­lyze only very clean mate­ri­als.” Another noted inter­na­tional instruc­tor for Agi­lent, Dr. Lee Polite, PhD, MBA writes, “If you want to be sure and you are in the busi­ness of being sure, then sep­a­ra­tion first always before MS work.”
  4. The other issue is human integrity. While there are a lot of ana­lysts who have high stan­dards for them­selves. Some really care about what they do and want high qual­ity of their results. How­ever, there are some that do not share that vision or care. In the worst case, there is fraud. The issue of co-elution of the GC into the MS invites issues sur­round­ing human integrity.

It is a ques­tion of could ver­sus should. Could you per­form MS with­out GC or use GC in a way that doesn’t resolve peaks and not prove for a puri­fied com­pound into the MS for analy­sis? Sure. You clearly can. BUT, will you be right in your result? Pos­si­bly not. Clearly best prac­tices would be to use the pow­er­ful tool of GC as it is intended and as it is designed which is to pro­vide for purity and speci­ficity in the efflu­ent. Why would you invite or pro­mote the pos­si­bil­ity of error if you did not have to? Why would you invite or pro­mote the need for human integrity. Why if it is not necessary???

As the video above shows us, there is always clearly a“human fac­tor” in all of this analy­sis. In fact, there is a lot! To a degree, we are left to the dis­cre­tion of a human being. Scary.

The report­ing that is pro­vided is just a small sliver of what can be pro­vided to review­ing indi­vid­u­als. For exam­ple, what review­ing coun­sel and experts typ­i­cally get are a one sheet con­clu­sion piece of paper.

Here is a typ­i­cal con­clu­sory report that a defense attor­ney may get. As you can see no detail, just a conclusion.

Conclusory Report

Con­clu­sory Report

Conclusory Report

Con­clu­sory Report

Here is a typ­i­cal auto-report from GC-MSD Agi­lent soft­ware. Again, not a lot of detail is provided.

But we can get a lot more infor­ma­tion from the GC-MSD soft­ware such as these from Agilent:

And we can get sig­nif­i­cantly more infor­ma­tion from the NIST search soft­ware sim­ply by right click­ing on the screen below such as these reports:

A legend of the graphic user interface
 

SPECIAL EDITION NEWS FLASH:

[Full Dis­clo­sure: I was one of the co-authors on the NACDL/NCDD ami­cus curiae briefs in the case of Bull­com­ing v. New Mex­ico. You can hear the audio of the oral argu­ment here. I have waited sev­eral hours on pur­pose to post here in order to try to remain objective.]

On Sep­tem­ber 28, 2010, the Supreme Court of the United States accepted an obscure Pub­lic Defender case out of New Mex­ico cap­tioned Bull­com­ing v. New Mex­ico for con­sid­er­a­tion. In doing so, the pitched bat­tle of the con­straints and dic­ta­tions of the US Con­sti­tu­tion and the Con­fronta­tion Clause were  yet again vis­ited by the high­est court in the land. The cer­ti­fied ques­tion before the Court was as follows:

Whether the Con­fronta­tion Clause per­mits the pros­e­cu­tion to intro­duce tes­ti­mo­nial state­ments of a non­tes­ti­fy­ing foren­sic ana­lyst through the in-court tes­ti­mony of a super­vi­sor or other per­son who did not per­form or observe the lab­o­ra­tory analy­sis described in the statements.

A fac­tual review of this case pro­vided for some inter­est­ing uncon­tested facts:

  • Don­ald Bull­com­ing drove his truck.
  • He hit the vehi­cle in front of him.
  • He was arrested for DWI.
  • His blood was ana­lyzed by an analyst.
  • The ana­lyst used a par­tic­u­lar tech­nique called Gas Chro­matog­ra­phy with Flame Ion­iza­tion Detector.
  • The reported result was in the Aggra­vated DWI range.
  • The trial came to be.
  • The par­tic­u­lar ana­lyst was not called by the prosecution.
  • The par­tic­u­lar ana­lyst was on unpaid leave for an unspec­i­fied reason.
  • This sta­tus of the par­tic­u­lar wit­ness was not revealed to the defense until the com­mence­ment of trial.
  • Instead the pros­e­cu­tion offered the tes­ti­mony of a co-worker (not a supervisor).
  • The co-worker was gen­er­ally aware of the pro­to­col used.
  • The co-worker had no per­sonal knowl­edge of the actual analy­sis per­formed in this par­tic­u­lar case.
  • The co-worker admit­ted that he had no knowl­edge of whether or not the par­tic­u­lar ana­lyst fol­lowed the pro­to­col in this par­tic­u­lar case.
  • The defense objected.
  • The trial court overruled.
  • No under­ly­ing data or chro­matograms were offered at trial.
  • No inde­pen­dent opin­ion was offered by the sur­ro­gate witness.
  • The sur­ro­gate wit­ness acted as a sim­ple con­duit for the report.
  • Later the New Mex­ico Supreme Court found that although the report con­tained clearly tes­ti­mo­nial aspects, the report did not vio­late Con­fronta­tion Clause rights as the par­tic­u­lar ana­lyst was a “mere scrivener” of the machine gen­er­ated results.

Today, the United States Supreme Court in a 5–4 deci­sion decided and firmly estab­lished the Par­tic­u­lar Wit­ness Rule as artic­u­lated and argued by Pro­fes­sor Jef­frey Fisher of Stanford.

GINSBURG, J., deliv­ered the opin­ion of the Court, except as to Part IV and foot­note 6. SCALIA, J., joined that opin­ion in full, SOTOMAYOR and KAGAN, JJ., joined as to all but Part IV, and THOMAS, J., joined as to all but Part IV and foot­note 6. SOTOMAYOR, J., filed an opin­ion con­cur­ring in part. KENNEDY, J., filed a dis­sent­ing opin­ion, in which ROBERTS, C. J., and BREYER and ALITO, JJ., joined.

As you will recall, Pro­fes­sor Fisher is a for­mer clerk for Jus­tice Stevens and was on the pre­vail­ing side of such impor­tant cases as Blakely v. Wash­ing­ton (sen­tenc­ing guide­lines), Kennedy v. Louisiana (cap­i­tal pun­ish­ment), and the Con­fronta­tion Clause cases as Craw­ford v. Wash­ing­ton, Melendez-Diaz v. Mass­a­chu­setts, and today Bull­com­ing v. New Mexico.

Professor Jeff Fisher argues beofre the United States Supreme Court

Pro­fes­sor Jeff Fisher argues before the United States Supreme Court

Boiled down to its foun­da­tional essence, this case involves the Par­tic­u­lar Wit­ness Rule of the Con­fronta­tion Clause. Per the United States Bill of Rights Sixth Amend­ment, the Par­tic­u­lar Wit­ness Rule of the Con­fronta­tion Clause imposes an affir­ma­tive duty on the pros­e­cu­tion if it desires to intro­duce a witness’s tes­ti­mo­nial state­ments that the accused be given an oppor­tu­nity to mean­ing­fully con­front that par­tic­u­lar wit­ness under oath.

Here is the one sen­tence from the major­ity opin­ion that entrenches the par­tic­u­lar wit­ness rule:

The accused’s right is to be con­fronted with the ana­lyst who made the cer­ti­fi­ca­tion, unless that ana­lyst is unavail­able at trial, and the accused had an oppor­tu­nity, pre­trial, to cross-examine that par­tic­u­lar scientist.

But as Pro­fes­sor Fisher argued, this result in the Bull­com­ing case is sim­ple and not rev­o­lu­tion­ary as we see that all it is is a log­i­cal appli­ca­tion of stare deci­sis and the prece­dence of Melendez-Diaz v. Mass­a­chu­setts, 129 S.Ct. 2527, 2540 (2009). (“The Con­fronta­tion Clause imposes a bur­den on the pros­e­cu­tion to present its wit­nesses, not on the defen­dant to bring those adverse wit­nesses into court.”)

The require­ment that the accused be allowed to address the par­tic­u­lar wit­ness who gen­er­ated the tes­ti­mo­nial state­ment is intended to serve four pri­mary func­tions: (1) it enables mean­ing­ful cross-examination of the par­tic­u­lar witness’s fac­tual alle­ga­tions that give rise to the tes­ti­mo­nial asser­tions; (2) it guar­an­tees that the par­tic­u­lar wit­ness who gen­er­ated the tes­ti­mo­nial asser­tions sought to be admit­ted gives his or her tes­ti­mony under oath; (3) it allows the fact-finder to observe that witness’s demeanor and responses to ques­tions posed by the accused; and (4) it ensures that the par­tic­u­lar wit­ness tes­ti­fies in the pres­ence of the accused.

The Court wrote:

These rep­re­sen­ta­tions, relat­ing to past events and human actions not revealed in raw, machine-produced data, are meet for cross-examination.

Specif­i­cally, the Court held:

[The Par­tic­u­lar Wit­nesses] cer­ti­fi­ca­tion reported more than a machine-generated num­ber: It rep­re­sented that he received Bullcoming’s blood sam­ple intact with the seal unbro­ken; that he checked to make sure that the foren­sic report num­ber and the sam­ple num­ber cor­re­sponded; that he per­formed a par­tic­u­lar test on Bullcoming’s sam­ple, adher­ing to a pre­cise pro­to­col; and that he left the report’s remarks sec­tion blank, indi­cat­ing that no cir­cum­stance or con­di­tion affected the sample’s in-tegrity or the analy­sis’ valid­ity. These rep­re­sen­ta­tions, relat­ing to past events and human actions not revealed in raw, machine-produced data, are meet for cross-examination.

The United States Supreme Court once again emphat­i­cally and explic­itly held that there is no “foren­sic evi­dence excep­tion” to the US Con­sti­tu­tion and the Con­fronta­tion Clause.

The court in foot­note one adopted our ami­cus point of view when it wrote:

Gas chro­matog­ra­phy is a widely used sci­en­tific method of quan­ti­ta­tively ana­lyz­ing the con­stituents of a mix­ture. See gen­er­ally H.McNair & J. Miller, Basic Gas Chro­matog­ra­phy (2d ed. 2009) (here­inafter McNair). Under SLD’s stan­dard test­ing pro­to­col, the ana­lyst extracts two blood sam­ples and inserts them into vials con­tain­ing an “inter­nal standard”—a chem­i­cal addi­tive. App. 53. See McNair 141–142. The ana­lyst then “cap[s] the [two] sample[s],” “crimp[s] them withan alu­minum top,” and places the vials into the gas chro­mato­graph machine. App. 53–54. Within a few hours, this device pro­duces aprinted graph—a chromatogram—along with cal­cu­la­tions rep­re­sentinga software-generated inter­pre­ta­tion of the data. See Brief for State of New Mex­ico Dept. of Health, SLD as Ami­cus Curiae 16–17.

Although the State pre­sented tes­ti­mony that obtain­ing an accu­rate­BAC mea­sure­ment merely entails “look[ing] at the [gas chromatograph]machine and record[ing] the results,” App. 54, author­i­ta­tive sources reveal that the mat­ter is not so sim­ple or cer­tain. “In order to per­form quan­ti­ta­tive analy­ses sat­is­fac­to­rily and … sup­port the results under rig­or­ous exam­i­na­tion in court, the ana­lyst must be aware of, and adhere to, good ana­lyt­i­cal prac­tices and under­stand what is being done­and why.” Stafford, Chro­matog­ra­phy, in Prin­ci­ples of Foren­sic Tox­i­col­ogy 92, 114 (B. Levine 2d ed. 2006). See also McNair 137 (“Errors tha­toc­cur in any step can inval­i­date the best chro­mato­graphic analy­sis, soat­ten­tion must be paid to all steps.”); D. Bartell, M. McMur­ray, & A. ImOber­steg, Attack­ing and Defend­ing Drunk Dri­ving Tests §16:80 (2d revi­sion 2010) (stat­ing that 93% of errors in lab­o­ra­tory tests for BAC lev­els are human errors that occur either before or after machines ana­lyze sam­ples). Even after the machine has pro­duced its print­e­dresult, a review of the chro­matogram may indi­cate that the test was not valid. See McNair 207–214.

Nor is the risk of human error so remote as to be neg­li­gi­ble. Amici inform us, for exam­ple, that in neigh­bor­ing Col­orado, a sin­gle foren­sic lab­o­ra­tory pro­duced at least 206 flawed blood-alcohol read­ings over a three-year span, prompt­ing the dis­missal of sev­eral crim­i­nal pros­e­cu­tions. See Brief for National Asso­ci­a­tion of Crim­i­nal Defense Lawyers et al. as Amici Curiae 32–33. An ana­lyst had used improper amountsof the inter­nal stan­dard, caus­ing the chro­mato­graph machine sys­tem­at­i­cally to inflate BAC mea­sure­ments. The analyst’s error, a super­vi­sor said, was “fairly com­plex.” Ensslin, Final Tally on Flawed DUI: 206 Errors, 9 Tossed or Reduced, Col­orado Springs Gazette, Apr. 19,2010, p. 1 (inter­nal quo­ta­tion marks omit­ted), avail­able at http:// www.gazette.com/articles/report-97354-police-discuss.html. (All Inter­net mate­ri­als as vis­ited June 21, 2011, and included in Clerk of Court’s case file).

Here is the full opin­ion of the United States Supreme Court in the case of Bull­com­ing v. New Mex­ico.

 

I have writ­ten about chro­matog­ra­phy, gas chro­matog­ra­phy (GC) and even gas chro­matog­ra­phy with mass spec­trom­e­try (GC-MS). Here they are (in no par­tic­u­lar order):

One of the key pre­req­ui­sites to quan­tifi­ca­tion (which answers the ques­tion the ques­tion of: How much do we have?) in any form of chro­matog­ra­phy is that we must first have unique sep­a­ra­tion of mol­e­cules. Sep­a­ra­tion first, then quan­tifi­ca­tion. Sep­a­ra­tion. Sep­a­ra­tion. Sep­a­ra­tion. It is very dif­fi­cult or impos­si­ble to reli­ably and validly quan­tify mixtures.

But how do we know when or if we have sep­a­ra­tion? If we do not have sep­a­rat­ing, then we have co-eluting com­pounds. But that begs the ques­tion doesn’t it? If the two com­pounds come out at the same time and there is not clear signs such as a dou­blet or peak-tailing, then how can we know what we see is the prod­uct of unique sep­a­ra­tion, mean­ing there is no co-elution?

Con­sid­er­ing that there are over 56 mil­lion organic and inor­ganic sub­stances and 62 mil­lion sequences reg­is­tered with CAS, co-eultion is a very real the­o­ret­i­cal pos­si­bil­ity. (CAS REGISTRYSM, the gold stan­dard for sub­stance infor­ma­tion, is the only inte­grated, com­pre­hen­sive source of chem­i­cal infor­ma­tion from a full range of dis­closed mate­r­ial includ­ing patents, jour­nals, and rep­utable web sources. When you need to pos­i­tively iden­tify a chem­i­cal sub­stance, you can rely on the author­i­ta­tive source for chem­i­cal names and struc­tures of CAS REGISTRY. You can also iden­tify your sub­stance of inter­est by its CAS Reg­istry Num­ber, which is the best way to iden­tify a sub­stance, regard­less of what name you have for it.)

It is a fas­ci­nat­ing prob­lem if you think about it.

Wouldn’t it be great if there was soft­ware that could take all of the raw data that a GC-MS machine gath­ers regard­less of man­u­fac­turer and scru­ti­nize the data to reveal if there is co-elution?

Well, there is.

AMDIS system

AMDIS sys­tem

The Auto­mated Mass Spec­tral Decon­vo­lu­tion and Iden­ti­fi­ca­tion Sys­tem (AMDIS) is a com­puter pro­gram that extracts spec­tra for indi­vid­ual com­po­nents in a GC/MS data file and iden­ti­fies tar­get com­pounds by match­ing these spec­tra against a ref­er­ence library. It was devel­oped at NIST with sup­port from the United States Depart­ment of Defense and is freely avail­able. Source: http://chemdata.nist.gov/mass-spc/amdis/

AMDIS was devel­oped by our fed­eral gov­ern­ment to scru­ti­nize GC-MS data from all soft­ware pro­grams. With the sup­port of the the DoD, through the Defense Threat Reduc­tion Agency, AMDIS orig­i­nally was devel­oped for ver­i­fi­ca­tion of the Chem­i­cal Weapons Con­ven­tion. It is a very pow­er­ful tool that can be used as a “black box” device to iden­tify com­pounds to try to dis­count for co-elution. AMDIS is now avail­able to the gen­eral ana­lyt­i­cal chem­istry com­mu­nity free of charge.

ADMIS Graphic User Interface

ADMIS Graphic User Interface

AMDIS takes a chro­matogram (either GC/MS or LC/MS) iden­ti­fies the loca­tion of any com­po­nents, puri­fies the mass spec­tra for each com­po­nent, and then searches a user-specified library for match­ing compounds.

AMDIS exam­ines spec­tra by:

  • decon­vo­lu­tion
    AMDIS does a true decon­vo­lu­tion of the data. Even if there is no avail­able back­ground for sub­trac­tion, AMDIS can still extract clean spectra.
  • treat­ment of noise
    AMDIS does a com­plete analy­sis of noise and uses this infor­ma­tion for com­po­nent perception
  • cor­rec­tion for base­line drift
    The chro­matogram does not have to have a flat baseline. AMDIS deter­mines the base­line for each component.
  • extrac­tion of closely co-eluting peaks
    AMDIS can extract sep­a­rate com­po­nents that peak within a sin­gle scan of each other.

Unlike a tra­di­tional iden­ti­fi­ca­tion algo­rithms, AMDIS includes uncer­tain­ties in the decon­vo­lu­tion, purity, and reten­tion times in the match fac­tor. The final match fac­tor is a mea­sure of both the qual­ity of the match and of the con­fi­dence in the identification.

Confirm window

Con­firm window

Fig­ure 1: The CONFIRM Win­dow allows you to see the data used in the iden­ti­fi­ca­tion in more detail than in the Results Win­dow. In the Con­firm Win­dow, you can view either a sin­gle chro­matogram or more than one chromatogram.

Split Screen NIST search with ADMIS result

Split Screen NIST search with AMDIS result

Fig­ure 2: After ana­lyz­ing a data file in AMDIS you may find that a cou­ple of com­po­nents have not been iden­ti­fied in the spec­i­fied library. When you search NIST for indi­vid­ual com­pounds, you can also use a split screen to view AMDIS and NIST simultaneously.

It exists.

It is free.

So, why doesn’t your foren­sic sci­ence lab­o­ra­tory use it to remove the pos­si­bil­ity of error in terms of the reported qual­i­ta­tive and the quan­ti­ta­tive result?

Beats me.