Double Trouble: When Identical Twins Run Into the Law

Last night, Law & Order: SVU did that “ripped from the headlines” thing where they borrow elements of real-world criminal cases or address current issues in law enforcement. The episode, “Double Strands,” revolved around a topic I've been reading a lot about lately: twins.

[Spoilers Ahead!]

The plot involves a serial rapist and his identical twin brother, who is falsely accused of the crimes. The SVU detectives eventually figured things out, but real-world police have had a lot of trouble with identical twins in several high-profile cases. DNA evidence — a tool that’s supposed to help convict the guilty and exonerate the innocent accurately and efficiently — has complicated cases where a twin or twins have been involved. This is because identical twins are the result of a single fertilized egg that formed one zygote, which then divided into two separate embryos. The siblings have nearly identical DNA, and we've yet to figure out how to discern one twin from the other using DNA analysis.

[End Spoilers]

The Headlines From Which The Story Was Ripped

One summer night in 2001, Darrin Fernandez attempted to break into an apartment in Boston’s Dorchester neighborhood. When he smashed a window to get inside, he not only alerted the person who lived in the apartment, but also cut himself deeply on the jagged glass. He fled, and police soon found him, still bleeding, as he tried to escape.

When the police analyzed DNA from the broken glass and from Fernandez, they found that he was a match for genetic material recovered in two unsolved sexual assaults cases, both of which were committed within a few blocks of the apartment Fernandez had tried to break into.

Fernandez was convicted of attempted breaking and entering at the apartment. He was also eventually convicted of one of the sexual assaults, for which there was plenty of evidence that implicated him, including the victim noticing a tattoo that his brother did not have (in the SVU episode, both twins have a similar tattoo in the same place). The police and prosecutors could not confidently put the second assault on him, though. The DNA match was the only substantive evidence that they had to go on, and it turns out that it also matched a second person: Fernandez’s identical twin brother, Damien.

There were no witnesses to the assault, no accomplices to roll, and no fingerprints at the scene. Darrin didn’t have an alibi to cover the time of the assault, but neither did Damien. The police couldn’t place either brother at the scene of the crime and the DNA that damned Darrin in another trial had only established reasonable doubt in this one. The case went to trial anyway and after four days of deliberation, there was a hung jury and a mistrial.  In a second trial several months later, the prosecution’s case rested heavily on the fact that Darrin worked as a painter near where the assault occurred, and he had the opportunity to case the neighborhood. Again, the jury was hung and a mistrial was declared.

In 2006 Fernandez went to trial a third time, and prosecutors were allowed to present for the first time evidence that he had committed four break-ins in the victim’s neighborhood within a year (and had been convicted of a similar sexual assault in one of those instances). The victim of that assault, who had not testified at the previous two trials, also took the stand this time around to highlight the similarities her attack shared with this case.

The jury returned a guilty verdict and, five years after his initial arrest, Darrin Fernandez was sentenced to 15 to 20 years on top of 10 to 15 year sentence he was already serving for the first assault.

Police and prosecutors in Grand Rapids, Michigan, may have had it even worse. In 1999, presented with DNA evidence in the rape of a college student, they couldn’t figure out which of their twin suspects to even charge with the crime.

Like the Fernandez cases, there were no witnesses and no fingerprints. To complicate matters, the suspects in this case, Tyrone and Jerome Cooper, both had records for sexual assault (Tyrone assaulted a 10-year-old girl in 1991 and Jerome a 12-year-old girl in 1998).

After hiring a biotechnology company to check some 100,000 DNA characteristics to match one twin or the other to the recovered evidence, the police came up empty. They could only tell both twins that the case would be not be forgotten and would get worked until the statute of limitations prevented prosecution.
* * *
Twins make the justice system work even harder when they’re attached to each other, literally. If a conjoined twin commits, and is convicted of, a crime, how do you punish them without also unjustly punishing their innocent sibling? Slate’s Daniel Engber and legal scholar Nick Kam have both looked at the available historic cases and suggested possible solutions to the problem.

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'Lime Disease' Could Give You a Nasty Rash This Summer
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iStock

A cold Corona or virgin margarita is best enjoyed by the pool, but watch where you’re squeezing those limes. As Slate illustrates in a new video, there’s a lesser-known “lime disease,” and it can give you a nasty skin rash if you’re not careful.

When lime juice comes into contact with your skin and is then exposed to UV rays, it can cause a chemical reaction that results in phytophotodermatitis. It looks a little like a poison ivy reaction or sun poisoning, and some of the symptoms include redness, blistering, and inflammation. It’s the same reaction caused by a corrosive sap on the giant hogweed, an invasive weed that’s spreading throughout the U.S.

"Lime disease" may sound random, but it’s a lot more common than you might think. Dermatologist Barry D. Goldman tells Slate he sees cases of the skin condition almost daily in the summer. Some people have even reported receiving second-degree burns as a result of the citric acid from lime juice. According to the Mayo Clinic, the chemical that causes phytophotodermatitis can also be found in wild parsnip, wild dill, wild parsley, buttercups, and other citrus fruits.

To play it safe, keep your limes confined to the great indoors or wash your hands with soap after handling the fruit. You can learn more about phytophotodermatitis by checking out Slate’s video below.

[h/t Slate]

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Why Eating From a Smaller Plate Might Not Be an Effective Dieting Trick 
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iStock

It might be time to rewrite the diet books. Israeli psychologists have cast doubt on the widespread belief that eating from smaller plates helps you control food portions and feel fuller, Scientific American reports.

Past studies have shown that this mind trick, called the Delboeuf illusion, influences the amount of food that people eat. In one 2012 study, participants who were given larger bowls ended up eating more soup overall than those given smaller bowls.

However, researchers from Ben-Gurion University in Negev, Israel, concluded in a study published in the journal Appetite that the effectiveness of the illusion depends on how empty your stomach is. The team of scientists studied two groups of participants: one that ate three hours before the experiment, and another that ate one hour prior. When participants were shown images of pizzas on serving trays of varying sizes, the group that hadn’t eaten in several hours was more accurate in assessing the size of pizzas. In other words, the hungrier they were, the less likely they were to be fooled by the different trays.

However, both groups were equally tricked by the illusion when they were asked to estimate the size of non-food objects, such as black circles inside of white circles and hubcaps within tires. Researchers say this demonstrates that motivational factors, like appetite, affects how we perceive food. The findings also dovetail with the results of an earlier study, which concluded that overweight people are less likely to fall for the illusion than people of a normal weight.

So go ahead and get a large plate every now and then. At the very least, it may save you a second trip to the buffet table.

[h/t Scientific American]

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