In arguments over discovery of IGG materials defence consultants' affidavits and testimony argued "mis-use" of Investigative Genetic Genealogy (IGG) by Law Enforcement (LE). The general impression was of over-reach and rule breaking by LE and unreliability of IGG relevant to Kohberger's case. To recap:

• The SNP DNA profile generated by a private lab for IGG research was included in discovery.
• The state argued against discovery of the family tree and notes generated by the FBI for reasons including confidentiality of other people on the family tree, that it would not be introduced at trial and it is not exculpatory information nor related to punishment if guilty.
• A portion of the FBI family tree research was ordered discoverable.

Arguments about LE misuse of IGG were made by the defence consultants Mses. Barlow and Vargas and Dr Larkin in affidavits 08/17 and 08/09/23 (Idaho Court website https://coi.isc.idaho.gov/) where Larkin referenced the following issues with LE use of IGG generally:

1. LE used IGG in a historical case that did not meet the FBI policy for use only in serious crimes or danger to the public
2. LE in another case uploaded a profile to a commercial genealogy site whose terms don't allow LE usage
3. There was widespread misuse by LE of a GEDMatch (public genealogy site) loophole to view profiles not opted-in

Examining these arguments and the cases that underpin them:

(1) Misuse of IGG where there was no serious crime or threat to the public - Dr Larkin stated she was aware of one such case. This seems to relate to the case of William Arnold - Dr Larkin has written only about that case re. the "serious crime/ threat to the public" FBI rule for use of IGG. William Arnold was a convicted double murderer who killed both his parents in a fight over the family car, and then went to the cinema immediately after the killings. Arnold escaped from prison in Nebraska and was not recaptured. LE used IGG to trace him. Dr Larkin classed this as gross mis-use of IGG based on the crime and no public safety threat, perhaps because Arnold was later a "family man" in Australia.

https://preview.redd.it/7xpg9j40l5gc1.jpg?width=686&format=pjpg&auto=webp&s=94ad20f57055077124fa4afb8de9d6488223036b

https://edition.cnn.com/2023/05/09/australia/australia-william-leslie-arnold-cold-case-intl-hnk-dst/index.html

https://www.theguardian.com/us-news/2023/may/14/william-leslie-arnold-australia-nebraska-killed-parents-jailbreak

(2) Upload of DNA profile to commercial sites: seems to refer to the case of Juana Rosas-Zagal, which has been written about by Ms. Vargas and Dr. Larkin. Juana Rosas-Zagal was an unidentified "Jane Doe" murder victim whose body was found at the side of a road in California in 1996. IGG traced her relatives to identify her in 2023. While Larkin is very critical of use of a commercial genealogy site in this case, the victim's family welcomed it.

https://preview.redd.it/t5lcrqx3l5gc1.jpg?width=745&format=pjpg&auto=webp&s=b425d449b38fcb4bb8df745512698b8b3c072eab

https://www.nbclosangeles.com/news/local/body-found-27-60-freeway-riverside-county-beaumont-moreno-valley/3176898/

https://eu.desertsun.com/story/news/crime_courts/2023/06/26/dna-identifies-victim-in-cold-case-homicide-in-moreno-valley-27-years-later/70357193007/

(3) Widespread use of GEDMatch loophole to view opted-out profiles: commented on by all the defence experts. This issue was actually raised publicly earlier in 2023 and reported on extensively well before the Kohberger IGG issue - but the widespread usage related to a victim identification charity not to LE usage. The issue originated with and has been acknowledged and apologised for by the DNA Doe Project charity.

The DNA Doe Project charity uses volunteers to trace unidentified homicide and accident victims, and those who died by suicide under false identities. Volunteers used the GEDMatch loophole in hundreds of cases to enhance their search and to avoid significant charges for use of the LE portal.

The founder of the DNA Doe Project acknowledged the issue and issued an apology statement:

Statement by DNA Doe Project founder on GEDMatch loophole use

https://dnadoeproject.org/statement-from-margaret-press/

We don't know if LE used the GEDMatch loophole, they may indeed have. But there were no published proven instances of this, while 100s of cases have been acknowledged by the victim identification charity, which made the GEDMatch issue public in July 2023 prompting GEDMatch to respond.

TL/Dr: On three key arguments alleging LE misuse of IGG, the Kohberger defence may have been spinning or skewed in representing the alleged LE "mis-use" of IGG related to (1) use where there was no serious crime or threat to the public related to an escaped double murderer at large, (2) use of commercial sites to trace suspects when in fact it was an unidentified murder victim who was traced (3) wide-spread misuse of a GEDMatch loophole for "opt-out" profiles was not done by LE but rather a "Doe" victim identification charity.