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On a warm lunchtime day in March 1999, Kathleen Folbigg went to see her 18-month-old daughter sleeping and found her pale and unresponsive
.
Folbigg was alone at his home in Singleton, Australia, calling an ambulance while trying to save the child's life
.
"My children are not breathing," she pleaded with them to hurry up
.
"I've
had three SIDS dead.
" SIDS stands for Sudden Infant Death Syndrome, a largely unexplained phenomenon that usually occurs
when babies over a year old are sleeping.
Around 9pm that night, pathologist Allan Cala performed an autopsy
on the baby girl Laura at the New South Wales Institute of Forensic Medicine in the Sydney suburbs.
In his report, he noted that she had no evidence of injuries and that she had no drugs, drugs or alcohol
in her body.
He mentioned some heart inflammation, possibly caused by a virus, but he speculated it might have been accidental
.
Cala thinks it's impossible that
four children from the same family died of SIDS.
"The possibility of multiple homicides in this family is not ruled out," the report said
.
Four years later, in May 2003, a jury found that Folbigg murdered her three children, Patrick, Sarah and Laura, and negligently killed her first son, Caleb
.
Because there were no signs of murder in all of the deaths, the case was based entirely on circumstantial evidence, including the unlikely likelihood of four unexplained deaths in one household
.
Prosecutors told the jury that lightning could not have hit the same person four times
.
Kathleen Folbigg was sentenced to 40 years in prison to become Australia's worst female serial killer
.
But in 2018, a team of scientists began gathering evidence suggesting another possibility of death — at least two deaths could be attributed to a genetic mutation
that could affect heart function.
A 2019 judicial investigation failed to overturn Kathleen's conviction, but this month, researchers will present a second with plenty of new evidence that could ultimately free Kathleen after serving nearly 20 years in prison
.
More than 90 scientists signed a petition in March 2021 arguing for her
release based on this evidence.
The inquiry needs to address the concept
of "how science measures evidence of genetic causes of disease, and how this fits into reasonable doubts about the legal system.
" But it helps
.
The fate of Folbigg, who will decide the fate of retired judge Thomas Bathurst, who led the inquiry, has approved Canberra's Australian Academy of Science as an independent scientific adviser
.
The institute will recommend experts to provide evidence and will study questions asked by experts to ensure their scientific accuracy
.
Jason Chin, a jurisprudence scholar at the University of Sydney who studies the ways science is applied in court, said it could be a more accurate demonstration of science
than the initial trial.
Chin said the case could have implications
for how Australian legal processes consider scientific evidence in other cases.
Folbigg's four children died
in a decade.
Caleb died in 1989 when he was just 19 days old
.
Patrick and Sarah are 8 months and 10 months old
, respectively.
Shortly after Laura's death, Kathleen Folbigg came under suspicion and eventually went to trial, and the case became a dramatic public flashpoint
.
At the time, multiple deaths from SIDS in the same family were highly suspected, especially the suspected mother, Kathleen Folbigg
.
The suspicion stems, at least in part, from Roy Meadow
, a British paediatrician who studies child abuse.
In 1997, he made public the idea that "the sudden death of a baby is tragic, two are suspicious, and three are murders, unless there is other evidence
.
" At the trial, this line of thinking apparently influenced the testimony of some experts
.
Emma Cunliffe, a legal scholar at the University of British Columbia in Vancouver, Canada, wrote a book on Kathleen Folbigg's case in 2011 called Murder, Medicine, and Motherhood, mentioning that several leading pathologists testified that they had never encountered multiple SIDS deaths in a single family, meaning that this is nearly impossible — despite the fact that there are such cases
in the literature.
In fact, before the trial began, scientists had already expressed concerns about Roy Meadow's idea, especially its application
in legal cases.
Sally Clark, a mother incarcerated in the UK under similar circumstances, successfully challenged her conviction, in part because Roy Meadow's argument was statistically untenable and made unfounded assumptions
about the incidence of SIDS.
By 2003, the idea had been largely challenged, and Roy Meadow was eventually removed from the UK Medical Register in 2005 for misleading testimony he gave during Sally
Clark's trial.
But Kathleen Folbigg has other circumstantial evidence
against her.
A prosecutor excerpted some of Kathleen's guilt and remorse expressed in her diaries about her inadequacies as a mother, and used the diaries as a confession
.
The prosecution's case relies heavily on testimony from her husband, Craig Folbigg
.
Craig Folbigg, after reading the diary, was convinced that his wife had killed their children
.
The jury agreed
.
Several appeals failed
.
However, Kathleen has always insisted that he is innocent and has not stopped fighting
for freedom.
In August 2018, following a petition by her solicitors, NSW Attorney General Mark Speakman announced that her conviction would be reviewed
based on new evidence on multiple cases of accidental death in the same family.
This will lead to the first investigation
into the conviction.
Influence of genetic factors
As part of the preparations for the investigation, Kathleen's lawyers approached Carola Vinuesa, a geneticist at the then Australian National University (ANU) in Canberra, to sequence and analyse
Kathleen's DNA.
The idea was to see if she carried any mutations that might provide another explanation
for their death if inherited by the children.
Vinnesa agreed to help
.
Her colleague Todor Arsov, a Sydney-based geneticist, went to the nearby Silverwater Women's Correctional Centre, where Kathleen was held, to take samples
from her.
In December, Arsov and Vinnesa were in the kitchen flipping through sequence data, looking for mutations
associated with sudden death.
Within 20 minutes, they both discovered something interesting: a gene variant
called calmodulin 2 (CALM2).
Humans have three calmodulin genes that code for the same proteins that bind to calcium and control calcium concentrations within cells, which help regulate functions
such as heart contractions.
Mutations in these genes are extremely rare, but people with mutations often suffer from severe heart disease and sudden death are reported
.
Vinnuesa thinks the finding warrants further study
.
She suggested Kathleen's lawyer try sequencing the children's and their father's DNA
.
At the beginning of 2019, experts met
.
They included Vinuesa's colleague at the Australian National University, geneticist Matthew Cook, who joined the study remotely, and three genetics experts
from the Sydney state health department.
Jonathan Skinner, a paediatric cardiologist and cardiac electrophysiologist at Starship Children's Hospital in Auckland, New Zealand, also joined the discussion
via video link.
The scientists succeeded in extracting DNA
from the four children.
A hospital in Sydney had frozen fibroblasts from Laura's 1993 autopsy and Caleb's coroner's coroner's court had frozen liver tissue
from Patrick's 1991 autopsy.
A lab in Melbourne sequenced the entire genome from a heel prick sample routinely collected at the birth of a child and extracted protein-coding parts
of the genome from another child's heel prick zaka.
The children's father, Craig Folbigg, declined to provide the DNA
.
By agreement, the experts split into two groups to analyze Kathleen's genome
.
Vinnuesa and Cook from Canberra formed a group
.
Another team of experts in Sydney – genetic pathologist Michael Buckley, clinical geneticist Alison Colley and experts in both fields Edwin Kirk and Skinner – formed another team
To determine whether a variant causes disease, geneticists look at a variety of evidence
.
These factors include: whether a variant is rare or absent in the population, meaning it has been selected to fight; whether the person or family carrying the variant has any clinical manifestations of the disease; and whether studies on cellular or rodent models confirm the effects of this variation on
protein function and health.
Each piece of evidence can be scored
using a five-layer scale created by the American Academy of Medical Genetics and Genomics (ACMG), from benign to pathogenic.
In the middle is "variant of uncertain significance," a confusing classification that neither explicitly nor implies that a particular variant causes the disease
.
Cunliffe said if the investigation found that genetic variants in one or more of the children "may be sick" or "sick," it could create enough reasonable doubt about Kathleen's guilt to overturn her conviction
.
Both teams started with a holistic approach, scanning the genome using bioinformatics tools for rare variants
.
These are not cause for concern in themselves, nor are they signs of disease — most rare variants are harmless — but they are a good place to start
when looking for the cause of an underlying genetic disorder.
The Sydney team found 279 in a sample of 5 people
.
By filtering genes associated with heart disease, respiratory disease, or sudden death, they narrowed the list down to nine, each finding a different combination in the four children and their mothers, containing variants
in CALM2.
Kathleen and her two daughters, Sarah and Laura, share the mutation
.
Vinuesa and Cook of Canberra conducted a similar process
using their own bioinformatics tools.
The findings of the two research groups overlap well: both found the CALM2 variant and the MYH6 gene variant
.
The Canberra team also proposed a third variant: a mutation in IDS, a gene linked to a metabolic disorder of Hunter syndrome that can lead to seizures and death, which one of the boys, Patrick
, had in it.
But when the teams released their report in March 2019, they disagreed
on how the rare variant would be classified.
Although the Canberra team believes that both the CALM2 and IDS variants are "likely to cause disease", the Sydney team concluded that neither was pathogenic
.
In April of this year, the hearing began
.
For three days, lawyers assisting the investigation questioned genetics
and cardiologists.
The two research groups eventually agreed that the variants in IDS and MYH6 were of uncertain significance and unlikely to be responsible
for child deaths.
But the two groups could not agree
on how to classify the variants in CALM2.
Vinnesa and Arsov, who participated in the Canberra research team report, said at the hearing that the classification of "probably pathogenic" was based on several ACMG criteria: the variant appeared to be entirely new because it did not exist in the population database at the time (CALM3 later appeared in one database).
Computer simulations predict that it will disrupt the function
of the protein it encodes.
The team also believes that there is a plausible pathway to explain how this variation triggers sudden death
.
But members of the Sydney research team questioned the classification, in part because Kathleen was apparently healthy
despite the variant.
Vinnuesa believes Kathleen's health is not entirely clear
.
She also explained that some people who carry disease-causing variants often do not show obvious signs or symptoms
.
Cardiologist Skinner agrees that this is the case
with some inherited heart conditions.
He agrees that mutations in the calmodulin gene do produce life-threatening arrhythmias — irregular heart rhythms
.
But he said in the investigation that arrhythmias "don't appear to show up in babies who sleep quietly.
"
In addition, he added, in the literature, "there is not a single case of sudden death under the age of two"
.
After the hearing, before the head of the investigation and former judge Reginald Blanch released his findings, Vinnesa emailed several scientists working on calmodulin in the hope that they would help resolve their differences
.
Peter Schwartz, a cardiologist who specializes in hereditary arrhythmias
, wrote back almost immediately.
Schwartz's team at the Italian Institute of Growth in Milan found a link
between calmodulin mutations and sudden death in children.
In 2015, he helped establish a registry of people with known disease-causing mutations in the CALM gene, called the International Calcium Modulation Registry3
.
Schwartz told Vinuesa that he and his colleagues had just published a paper in which one family developed mutations in the same location as the Kathleen variant, but what happened was a different version of the calmodulin gene, CALM3, replaced with a different amino acid
.
In that family, a 4-year-old boy died suddenly and his 5-year-old sister went into cardiac arrest but
survived.
Their mother, whose health did not appear to be affected, was heterozygous mutant, meaning that some of her cells carried the variant
.
Vinuesa understood the implications—a new variant that led to amino acid changes at the same location in the CALM gene was considered strong evidence
in the ACMG guidelines.
Schwartz's letter reads: "I conclude that the allegations of infanticide may be premature and incorrect
.
"
Vinnuesa sent Schwartz's letter and new paper to Blanch, and lawyers sent it to the Sydney team
.
But this group of geneticists is still not convinced
.
While finding a similar mutation in another family "has a significant impact" on its pathogenicity, they wrote in their response, that doesn't mean it caused the death of the Kathleen girls, especially given that their mothers were alive and appeared healthy
.
The team wrote that a "special clinical circumstance" was needed for the variant that caused Sarah and Laura's death, which is "beyond the scope previously reported in relation to this set of genetic variants.
"
"Our classification of this variant is still that it is a variant
of uncertain significance.
"
The divergence between the two teams reflects, in part, the history of
modern clinical genetics.
Over the past 20 years, rapid advances in genomics research have led to a great deal of research
into disease-causing mutations.
The medical literature is full of papers claiming to have identified dangerous genetic variants that later proved harmless
.
Hugh Watkins, a cardiologist at the University of Oxford in the United Kingdom, said: "It's kind of like the Great Wilderness
West.
" He studied the genes
that cause sudden cardiac death.
Scientists link a gene to a disease because a newly discovered variant did not show up
in a small group of healthy people.
They will then use biochemical analysis to show that the mutation has some effect on the protein — not even necessarily related to disease — and the paper is actually done
.
"A lot of people in our field suspect that the evidence isn't enough, but these papers are easy to publish," Watkins said
.
About a decade ago, with the advent of super-large databases containing tens of thousands of genomes, this type of publication began to appear
.
Suddenly, it became clear that many variants that were considered deadly were actually relatively common in the population and could therefore be benign
.
Morten Salling Olesen, a molecular biologist at the University of Copenhagen who specializes in genetic heart disease, said: "At the time, we didn't imagine all the variation
in our genome.
" As a result, Watkins says, declaring a variant causes disease now requires a fairly high threshold
of evidence.
What distinguishes these three calmodulin genes is that their variants are very rare
in population databases.
Of all the highly conserved genes in evolution, "they're classic examples,"
Watkins says.
All vertebrates have exactly the same calmodulin sequence
.
"This is the way evolution shows that they matter," Salling Olesen said
.
In 2012, when scientists published details of the first mutation, "people thought the mutation could be so severe that you wouldn't survive at all
.
" A few years later, that view changed
again.
In a vast population database, a small number of seemingly healthy people have calmodulin mutations, albeit in a different
location than known disease-causing variants.
It's possible that Kathleen Folbigg is alive with a disease-causing mutation that her daughter may have died of
.
"That's why it's so complex," says Walter Chazin, a structural biologist at Vanderbilt University in Nashville, Tennessee, who studies calmodulin
.
Finally, it was up to Judge Reginald Blanch to make a decision
based on evidence presented by the Canberra and Sydney teams.
In the report, published in July 2019, he wrote: "I prefer the expertise and evidence
of Professor Skinner, Professor Kirk and Dr Buckley.
" He concluded he had no doubt
about Kathleen Folbigg's crimes.
Vinnuesa called this conclusion "confusing.
"
Later, speaking at a conference of scientists and lawyers, she complained that the legal system relies on "intuition" to make decisions
.
Schwartz was also confused, expressing concern in a June 2021 letter to the president of the Australian Academy of Sciences that the judge found the deaths of the two baby girls were inconsistent
with what was reported in the literature.
He countered that in the calmodulin registry, there are currently four cases
of sudden cardiac death or cardiac arrest in children under three years of age while sleeping.
He said Kathleen's two girls "reflect the natural variability associated with these conditions.
"
Cunliffe's efforts to investigate scientific evidence did not surprise Cunliffe.
When courts are confronted with conflicting scientific opinions, they tend to take sides, preferring evidence from a particular expert over uncertainty
, she said.
Still, Cunliffe found it "surprising" that scientists had a possible explanation for the children's deaths, while the court "doubled down on Kathleen's guilt.
"
No doubt part of the reason lies in the content of Kathleen's diary and the evidence
she provided in the investigation.
The judge said the evidence strongly influenced his decision
.
For example, in November 1997, two months after Laura's birth, Folbigg wrote that she thought she handled Laura's crying better
than Sarah's.
"To Sarah, I just want her to shut up
.
One day, she really did
.
Another message read: "I feel like the worst mother
in the world.
Afraid she will leave me
now.
Just like Sarah
.
I knew I was grumpy and cruel to her at times, and she left
.
Need a little help
.
Blanche concluded in his report that Kathleen's diary "is effectively admitting her responsibility for the deaths of Sarah, Patrick, and Caleb, and that she realized she was likely to cause Laura's death as well.
"
As the latest investigation progresses, Bathurst, who will lead the entire process, said he intends to form his own opinion
on the evidence.
At his first hearing next week, he will consider functional genetic findings collected by scientists since the first investigation, which they say suggest that the CALM2 variant is pathogenic
.
One of the researchers is Michael Toft Overgaard, a protein scientist at Aalborg University in Denmark, who was part of
the team that discovered the first mutation in the calmodulin gene in 2012.
After the first inquiry, Vinnesa sent Overgaard an email asking if he could perform a functional assay to determine the cellular effects
of the Folbigg variant.
Overgaard wasn't familiar with the case, but he was drawn to the idea, saying he wanted to see "another piece of the puzzle, trying to figure out how calmodulin works.
"
Overgaard asked postdocs Helene halkkjer Jensen and Malene Brohus to do lab work
.
Everything about the project is kept secret: even other researchers in their lab don't know about
it.
Jensen said: "We have a folder
on our computer called CSI.
" CSI refers to a popular American drama
about crime scene investigators.
Jensen and Brohus spent weeks crafting a calmodulin with the Folbigg mutation (called G114R), in which the amino acid glycine (G), located at position 114 of the protein, was replaced
by arginine (R).
For comparison, they created proteins containing two other calmodulin variants G114W and N98S (see "Known Calmodulin Mutations") that are known to cause severe
arrhythmias.
One of the first things they discovered was that the G114R variant was not effective at grabbing calcium
.
The team thinks this is important because the effect is similar
to the other two deadly variants.
Further experiments showed that G114R disrupted calmodulin's connection to two key channels that control the movement of
calcium into cells.
The results are compelling, Jensen says, but the team knows that the most compelling evidence will be to show exactly what these channel damage looks like in cells
.
To do this, they asked Dick
, who studies the CaV1.
2 protein.
The CaV1.
2 protein is a channel
that introduces calcium into cells.
Once enough calcium enters, calmodulin triggers this channel to close
.
Overgaard asked Dick to study specifically whether the mutation disrupted the closure of CaV1.
2
.
Dick had never heard of the case, but to prevent her team from introducing any bias, she relabeled the cell plates to hide their origin.
Sure enough, the Folbigg variant delays the closing of the channel, allowing extra calcium to enter the cells
.
"This is one of
the characteristics of disease-causing calmodulin mutations that we know of," Dick said.
But that's not the only effect
of this variation.
Wayne Chen, who studies calcium channels at the University of Calgary in Canada, was asked to conduct a similar experiment on a ryanodine receptor, a channel
that controls the release of calcium from intracellular storage into cells.
Just like CaV1.
2, calmodulin binds to the ryanodine receptor and triggers channel closure
.
This prompts the heart muscle to relax.
When Chen's team expressed the G114R variant in human cells, the channel was also difficult to shut down
.
Dick says the combined effect of the two channel variants will increase calcium in cells, which increases the chance
of arrhythmias.
"If you ask me, 'Is it possible that this mutation could lead to sudden death?', I would say that people with this mutation are at very high risk of developing this disease
.
"
In November 2020, the international team published their findings
in the journal EP Europace6.
The researchers concluded that the mutations carried by the girls set the stage
for a fatal arrhythmic event that could be triggered by infection.
Both girls reportedly had respiratory illnesses before they died, and heart inflammation from Laura's autopsy now looks more relevant
.
Many scientists interviewed with Nature found the evidence for these features compelling
.
For example, Watkins says the team used sophisticated analytical methods that "faithfully" reflect how variants impair key functions
of heart cells.
Olesen cautions that functional effects do not necessarily equate to disease
.
The Folbigg variant, for example, may have only a small effect on heart function, he said
.
"It's hard to say
.
"
But Watkins says, "With mutations that no one else has seen, it couldn't be more convincing
.
" "It's telling that this could be a cause of sudden death in young children
.
"
The 2020 study involved the highly respected Australian Academy of
Sciences.
CEO Anna-Maria Arabia has already expressed interest
when she heard from Vinnesa after the first investigation.
Once the EP Europace paper was published, the college and Kathleen's lawyers used it as a basis to launch a petition asking the Premier of New South Wales to pardon Kathleen
.
The letter, sent on March 2 last year, was signed by more than 90 prominent scientists, including Nobel laureates Elizabeth Blackburn and Peter Doherty, as well as several experts
in pediatrics, cardiology and genetics.
Arabia said none of the people she approached objected
.
"That's the persuasiveness of this paper," she said
.
Hearings for this inquiry will begin on November 14, and scientists and clinicians from around the world will be convened to present their opinions
on the evidence.
Although the hearing will focus on new genetic discoveries, experts will be called to discuss other aspects of the case, such as the boy's death
.
Early next year, psychologists are already planning to provide evidence
about the diary.
Although the documents helped secure Kathleen's conviction, some psychologists have questioned
how the documents were interpreted.
These hearings will be an opportunity to
examine the Academy's role as an independent scientific advisor.
So far, Director Baturst has given the college a lot of room
to grow.
Arabia said the college will cite the most appropriate experts to provide advice, ensuring that the questions raised by lawyers are scientifically accurate and that there is an active scientific discussion
.
"This was missing from the last investigation
," she said.
With the exception of the Kathleen Folbigg case, the Academy of Sciences' involvement could set the stage
for a new era of scientific involvement in legal proceedings.
A common criticism of the use of expert witnesses is that lawyers do not know who the most appropriate witnesses are, something the college hopes to change
.
"This is an interesting sign that
the Australian court system is increasingly open to scientific expertise," Cunliffe said.
But Chin warns that the process could still be biased
.
Scientists, he said, are "interested in the dominance of their own theories.
"
Cunliffe, who argued that Kathleen was wrongly convicted, also believes that professional associations can also be political, so allowing them into the court is unlikely to be a panacea
.
Still, she said, the college's involvement "was a very good thing about the Kathleen survey.
"
The results of the survey will not be revealed
until several months later.
But if Bathurst found that genes provide a plausible explanation for the death of the Folbigg sisters, it could ultimately mean their mother was released, about 5 years
before she qualified for parole.
Kathleen wrote in 2006 that she just wanted to uncover the truth
.
"On that day, I won't be proud, I won't say, 'I told you a long time ago,' I'll just cry, cry non-stop, cry all the tears that should belong to me
.
"