Musings of the bitemarkers while at #AAFS2017 in NOLA

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Its always so thrilling to read about certain bitemarker oral presentations at the annual American Academy meetings. Some of this tribe’s upstanding founders and veterans bring out their guns to profess what they can do. It’s also an always impressive use of the  ‘ipse dixit’ nature of their culture.  They love to piggy-back their dogma with other police sciences such as fingerprints and pattern-matchers whom they have emulated for decades.

What is always lacking is anything about validating science. zilch. The bunch have also admitted to possessing no science to the NIJ’s OSAC. No wonder the NIJ won’t give them any more funding.

The following lame excuses, allusions to forensic grandeur and misnomers of fact clearly prove that courts must understand all of this is a psuedo-science. Judges are obligated to eliminate it’s future uses and remedy convictions bitemarks aided over the last 50 years.

Here are a few choice examples with a rebuttal right after.

  • Bitemark evidence in some cases has been misused, and occasionally abused, but that does not render it useless….
  • Banning all bitemark evidence would be similar to banning fingerprint evidence because the Federal Bureau of Investigation (FBI)…..
  • “It’s not the science that’s faulty, it’s the people”……
  • the usefulness of bitemarks as exculpatory evidence…….
  • These tragic mistakes have resulted in false convictions in several cases…….
  • The 2014 Freeman-Pretty study was to test the first step of the American Board of Forensic Odontology (ABFO) Bitemark Algorithm. The question was essentially, “Is this mark evidentiary?” The disagreement between examiners cited by bitemark critics was not based on recognition of an injury as a bite, but rather whether the injury had sufficient evidentiary value to include or exclude a suspect.
  • ……bitemark analyses should be performed with caution in the forensic practice, confirming that only trained professionals should become involved, and that specific case selection should be considered.

What the National Academy of Sciences concluded about bitemark matching in 2009 after a four year study.

    • “Bite marks on the skin will change over time”;
    • Bite marks “can be distorted by the elasticity of the skin, the unevenness of the surface bite, and swelling and healing”;
    • “Distortions in photographs and changes over time in the dentition of suspects, may limit the accuracy of the results”;
    • “Different experts provide widely differing results and a high percentage of false positive matches of bite marks using controlled comparison studies”;
    • and concerns about a lack of supporting research, a lack of a central repository of bite marks and patterns, and the potential for examiner bias.

p. 174

    .

 

 

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Entering the forensic twilight zone – ‘Cardiac pacemaker’ data meter proves guilt

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DA’s come up with the most ingenious ways to ‘prove’ someone is lying. They usually need an expert’s help. It all started with throwing witches into rivers to see if they float or sink (Salem, MA).

This new one is a true trend setter for specious probability opinions from a ‘novel’ expert who predicts nefarious physical activity from cardiac electronic devices. Similar to other prosecution cases aided by digital electrical and water meters. Background: The FBI on crime scene digital data sleuthing.

An Ohio man was charged with arson and insurance fraud “after data from his cardiac pacemaker was analyzed, and it was determined by a cardiologist to be ‘highly improbable’ that his actions on the day of the fire corresponded with what he told officials.” (Forensic Magazine)

Thanks to @CeliaGivens at the New York Legal Aid Society

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Bitemarkers double-down with a “pay-to-play” membership drive #AAFS2017

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The on-going American Academy of Forensic Science meeting in New Orleans is a wealth of information on how its varied membership and disciplines manage their little fiefdoms every year.

The bitemarkers (American Board of Forensic Odontology) membership numbers are dwindling. 86 dentists have achieved this status as ‘diplomates.’ That’s the same number as when I joined them in 1989 ( to later quit in 2012). Their mean age is about 70.

What to do? Incredibly, the ABFO membership voted Monday night to LOWER its requirements for new applicants. They have been averaging one or two a year. Significantly, it raises the number of “credits” (substitute for actual experience) applicants can get by attending ABFO run ‘workshops’ occurring at the final weekend of this annual convention. All this was voted the same day as exoneree Keith Harward excoriated this group after spending 33 years in prison while being innocent.

On average, these one or two day training sessions on their proprietary methods of bitemark ‘science’ keep the organization financially solvent as the $20,000 annual income pays their bills.

Overview of “pay-to-play” strategy.

  • Reduction of bitemark case requirement from 7 to 4. There is no need to interact with any law enforcement agencies. Take the course (2 credits) and “dry lab” two cases made available by ABFO members (2 credits).
  • No experience needed as a primary investigator which would require interaction with medical examiners, coroners, lawyers and other forensic disciplines.
  • Recertification (every 5 years): Take an online, no time limit, open book, 25 multiple choice exam using the group’s published documents. If you don’t get a 70% score, just take it again.

You can be sure the test will not include any comments about what the Texas Forensic Science Commission, the National Academy of Sciences, and Obama’s President’s Council on Science and Technology demanded in regards to new research and protections against erroneous conclusions. Texas gave them two years to comply to avoid permanent de-certification in its court rooms. One year is left on the clock.

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Learning if your Magritte is a fake – Sotheby’s forensic services

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Some nay-sayers to lab testing high-end art say ‘science is never black and white.” This crap will never end. District Attorneys loving bitemarks now have some company.

http://theartnewspaper.com/market/auctioneers-buy-into-forensics-to-expose-the-fakes-and-frauds/

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#AAFS2017 Man Wrongfully Convicted Trashes Bitemarkers at Nat’l Convention

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Keith Harward ‘lashes out” at bitemark dentists who mis-identified him from a bruise pattern on a rape and victim. He does this at the biggest forensic meeting held this year in New Orleans. Generally, there are over 300 ‘forensic’ dentists that show up to this meeting. Some have high ranking positions within this large group. That explains why their debunked methods have avoided censure by this “august” organization which comprises the “truth-tellers” of forensic science.

“At a conference workshop Monday with a number of forensic dentists listening, Harward, his voice rising, said, “This stuff is all crap. It’s bogus. This bite mark stuff is bogus. Why even continue with it? It just doesn’t make sense.”

“Thirty-four years thinking, ‘Wow, what just happened?’” he said of his convictions.”

Full article about Mr. Harward.

Read about the “Attack of the bite mark matchers.”

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Crime Fighters are using your family’s DNA to find criminals – Is there a Problem?

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“Familial searches take one entire class of citizens — the fathers, sons and brothers of convicted offenders — and turns them into suspects.” Erin Murphy

“However, while the public can rest easier knowing the suspect is in custody, there are other horrible crimes that remain unsolved.” Eric Rosenbaum – NY District Attorney

The full debate

 

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#AAFS 2017 : Watch out for the ‘ATTACK of the bite mark matchers’ in NOLA

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Have a look at this in depth  Washington Post series about certain ‘scientific’ AAFS members who will be showing off their wares in the Odontology Section this week. This is a small bunch of believers. Two Odontology members, Cynthia Brzozowki and Rick Cardoza are excluded from this category. They are presenting today in the Innocence Project’s workshop program about junk forensic ‘sciences.’

The bitemark ‘matchers’ are strongly opposed to their negative scientific reviews by the National Academy of Sciences, the Texas Forensic Science Commission, and Obama’s Council for Sci and Tech (PCAST). The rub is that they still are still ‘board certified’ by the AAFS-sponsored Forensic Specialties Accreditation Board (which meets this week as well).

There are more lessons to learn about how forensic science, politics and prosecutors in the US justice system seem to be at odds.

  • The National District Attorney Association loves the bite mark matchers. 
  • The law enforcement and many crime lab methoders that came up against the recent (Nov 2016) PCAST review on ‘pattern comparison’ forensics.
  • The Elsevier Forensics publishing exhibit for the meeting has a book named “Forensic Science Reform: Protecting the Innocent.” I’m a co-editor of it along with Wendy Koen. Many of our chapter contributors are AAFS members. All are outstanding.
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#AAFS2017 Proceedings In Digital Format

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1381 pages.

2017aafs-proceedings

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#AAFS2017 Rules of Civility for all at NOLA – “SPIT not in the Fire,” etc

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For the American Academy of Forensic Science conventioneers. There’s 92 more of these from a 1888 reprint of George Washington’s copy of Rules of Civility & Decent Behaviour in Company and Conversation (starts on pg. 13). Updated for modernity and relevance.

“The thoughtful reader will recognize in this rule the germ and spirit of all rules of civility and the universal key to good behavior.”

1st~EVERY Action done in Company, ought to be with Some Sign of Respect, to those that are Present {Except those who profess to be scientists without proffer of data}

2d~When in Company, put not your Hands to any Part of the Body, not usualy Discovered {…hmm, that would exclude some at the Wine and Cheese gatherings}.

3d~ Shew Nothing to your Friend that may affright him. {Do not mention #45 during the meeting}.

4th~ In the Presence of Others sing not to yourself with a humming Noise, nor Drum, with your Fingers or Feet. {Do not affect obsequiousness in the presence of your betters}.

5th~ IF YOU Cough, Sneeze, Sigh, or Yawn, do it not Loud, but Privately; and Speak not your Yawning, but put Your handkerchief or Hand before your face and turn aside. {Tweet quietly; set mobiles to ‘vibrate’}.

6th~ SLEEP not when others Speak, Sit not when others stand, Speak not when yoU Should hold your Peace, walk not on when others Stop. {Do not gaggle in the hallways around those mentioned in 4th Rule}.

7th~ PUT not off your Cloths in the presence of Others, nor go out your Chamber half Drest. {Unlikely considering the expected weather problems during Mardi Gras this year}.

8th~ AT PLAY and at Fire its Good manners to give Place to the last Commer, and affect not to Speak Louder than ordenary. {Some senior AAFSers come late and are hard of hearing}.

9th~ SPIT not in the Fire, nor Stoop low before it neither Put your Hands into the Flames to warm them, nor Set your Feet upon the Fire especially if there be meat before it. {I’ve seen this at Morton’s Steak House a few times}.

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Fighting “unique” toolmark testimony with science and an amicus brief

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Much like bitemark “identification”

“In this case, a toolmark “expert” testified against James Genrich by assuring the jury that several of Genrich’s tools made purportedly unique marks on fragments of the bombs recovered from the crime scene, “to the exclusion of any other tool” in the world. That testimony all but assured Genrich’s conviction. But as this brief describes, the scientific community has now recognized that it is not a forensic discipline. “The reality is that uniqueness is impossible to prove, and is not anywhere near as relevant as some may claim[.]”2”

Read the entire brief filed in The People of the State of Colorado v. James Genrich

Genrich-appellate-filing

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