Criticism of expert witness

Forensic expert on the Nickl case: “Blood does not spoil”

Walter Nickl with his book and the "Kronen Zeitung" from 1976

(Bild: Christian Jauschowetz)

"There was never any blood on the blue jeans" - this sums up the conclusion of German expert Nicole von Wurmb-Schwark in the case of the Knittelfeld letter carrier murder. She spoke to the "Krone" newspaper about her findings - and why forensics in Austria has some catching up to do. 

The experienced German forensic scientist Privatdozentin Dr. Nicole von Wurmb-Schwark has helped to solve spectacular murder cases with her modern analysis methods. She was also commissioned to provide a private expert opinion in the Walter Nickl case and, in contrast to Austrian forensic experts, drew much clearer conclusions from the evidence. The "Krone" discussed the letter carrier murder with her.

Ms. von Wurmb-Schwark, you were commissioned by lawyer Gerald Ruhri, who represents Mr. Nickl, to prepare a private expert report. Your task was to determine whether the blue jeans could ever have been tainted with blood, taking into account previous expert opinions. Can you guarantee absolute objectivity due to the private assignment?

von Wurmb-Schwark: I am a forensic scientist and have been doing this from the bottom up. I am committed to science and, as a private expert witness, I also have an excellent reputation to defend. We don't bend anything, the whole thing works exclusively through quality.

Private lecturer Dr. Nicole von Wurmb-Schwark

(Bild: ForGen)

How would you qualify the methods used at the time in 1975/76 to check for blood stains on the blue jeans in question?

The methods were contemporary, but it was difficult to work with them. I assume that the expert at the time proceeded with the utmost care. However, there were many more possible sources of error. After all, he had to mix the liquids himself, so something could go wrong. Nobody does that anymore.

Should he have used other methods for the final blood test?

The methods used were preliminary samples. Under certain circumstances, you are not allowed to use them. Cleaning agents, chlorophyll, detergents can make the samples positive, that was known. The conclusive sample was missing in this case. 

If it was blood before, it still is today. DNA does not disappear! Even a washing process does not change this.

Privatdozentin Dr. Nicole von Wurmb-Schwark

Some Austrian experts said that the traces were spoiled after a long time. Is that possible?

If there was blood on it before, it still is today. DNA does not disappear! Even washing does not change this. Blood can also be detected after washing, as several studies have shown. No matter how hot the wash was. Anyone who has ever had a blood stain on an item of clothing knows how difficult it is to get it out. For us forensic scientists, the question of washing or not washing is not relevant. Blood only spoils if it is rotting, for example. That wasn't the case here, the garment was always properly stored.

Have these findings not yet reached some forensic scientists in Austria? 

There are many publications from the last three or four years that prove this. Blood, semen etc. are unbreakable, even if an item of clothing has been washed several times. Unfortunately, Austria is not yet that far ahead in terms of DNA progress. I used to work here myself and know what I'm talking about.