Here is more on DNA mixture interpretation, and how prosecutors and judges (N=1) just do not want to cope with cleaning their forensic houses of incorrect protocols in order to advance with science. Ridiculous. It’s medical malpractice if health professionals showed such lax concerns about maiming and killing their patients with flawed or outdated treatment. Of course it is the lawyers who say they protect the public in bringing medical malpractice to bear against incompetent and greedy doctors.
The prosecutors have given themselves unabated protections against retribution for their failures and misdeeds. And they whine about being overworked and preach the “finality of conviction” regardless of exonerations like these satanic witchhunts.
Here is the latest Miami DNA story.
In another whack at the Jeff Sessions version of the inviolate status of police ‘forensics’, this article brings to light, a coalition of AZ crime labbers, DAs, the appellate court and a post-conviction org. It’s obvious that there is some tension of opinion about how erroneous hair opinions (they have accessed 2,300 cases so far) can lead to wrongful convictions.
Of course there is the notorious AZ death penalty bitemark conviction of Ray Krone (pictured above) which also contained a flawed hair identification, that should provide a template for the crime labbers who are reviewing their own cases.
Doing all this as an in-house police review is not a good idea. Read more about this from the lady from the post conviction org involved in this forensic integrity review.
Judges do understand the “hired gun” aspects of expert witnessing. A insurance defense motivated neurosurgeon must have used too many boiler plate testimonies in their courts. They threw him out on his ear. One judge reviewed 371 of his cases.
“Bite marks is the obvious example. It’s inconceivable to most of us as to how this stuff even continues to be admitted.” – member on the National Commission on Forensic Science.
Here’s from the US District Attorneys Association (@NDAAJustice ) president Michael Ramos praising bitemarks. US District Attorneys
The Grenfell Tower disaster.
The medical side of forensics talks about DNA being the cornerstone for potential identification. He does admit that teeth are highly resistant to total destruction in high temperature environments but misses the obvious dental identification material available for recovery and evaluation .
Its not all about DNA folks.
If only bitemarkers could be taken to task by a trial court like this blood alcohol ‘expert.’
On cross-examination, Wetstein [the BAC guy for the DA] acknowledged that he did not know what the defendant had eaten that night, how long she had been drinking, or what type of alcohol she consumed. Wetstein admitted that he did not attempt to determine when the defendant had entered the elimination phase, but rather assumed that she was in the elimination phase at 9:10 p.m. Wetstein explained that if a person had not consumed any alcohol since 7:30 p.m., he would be “quite confident” that the person was in the elimination phase by 9:10 p.m.
The appellate court reversed, finding that the expert’s opinion was improperly admitted. “A retrograde extrapolation calculation based on a single breath test, and when many of the factors necessary to determine whether the defendant was in the elimination phase are unknown, is insufficient to provide a reliable calculation and invites the jury to determine guilt on an improper basis. Based on the specific circumstances presented in this case, we believe that the prejudicial effect of the retrograde extrapolation calculation substantially outweighed its probative value and that the trial court abused its discretion in admitting it.”
- People v. Floyd, 2014 IL App (2d) 120507, 1-2, 11 N.E.3d 335, 336
Nothing describes the onerous lack of prosecutorial transparency regarding the death penalty better than this article on the State of Arkansas legal maneuvering to hide what happened at the April 27th execution of Kenneth Williams.
“Witnesses to the execution reported that about three minutes after Williams was injected with the sedative midazolam, he coughed, convulsed and lurched on the execution gurney for about 10 seconds. The witnesses said they could hear Williams making sounds even though a microphone into which he gave his final statement had been turned off.”
The costs of uncovering wrongful convictions are expensive. All innocence projects and criminal defense organizations require substantial donations to pursue the few cases they glean from thousands of requests from the public and inmates. Each case like the one mentioned in this article. dealing with erroneous bitemark evidence, needs alot of money to handle attorney costs, court and police records (not free by any means), and biological expertise. Alfred Swinton spent 15 years of appeals before finally being released last week. He is still on house arrest, since the DA from Connecticut has a time limit remaining before declaring no re-trial will occur.
Once an exoneration is achieved, the taxpayers then get the hook to pay compensation costs on those same cases. The state of California has paid out of millions of dollars according to this study from a few years ago.