We are entering the Twilight Zone: Bitemarks can now prove innocence?

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No one escapes the Twilight Zone. The Twilight Zone is an American television anthology series created by Rod Serling. The episodes are in various genres, including psychological horror……….

The Politics of Forensics in the US is Alive and Well. Here are the players.

The NDAA is the US District Attorneys national group.

The AAFS  has a significant percentage of law enforcement crime lab employees in its membership.

The Forensic Specialties Accreditation Board FSAB makes forensic groups “official” and gatekeepers for their disciplines. The crime labbers and others need certifications to meet employment expectations. Each ‘specialty board’ is self governed. This org certifies the bitemarkers.

Hundreds of US crime labs are certified by the ASCLD and a few other ISO 17025 compliance businesses. Most of the examiners have a background with law enforcement. Unfortunately, many US crime labs noted in the media for various scandals have been certified.

What’s my point? Most of these overseer groups, (not the AAFS; here is its PCAST response statement)  polarized into a  backlash that shot into the forensic unisphere after the PCAST forensic science report drubbed some, but not all, of the LEO bread-and-butter police patterns-matchers. The leaders in this opposition has been the IAI, the DAs, the federal prosecutors, the toolmark and ballistics bunch, some fingerprinters, and  a crime lab management and training group all called  themselves out as gatekeepers for their status quo. They enjoy much pull being the front lines of CSI  “crime fighters.”

The news media and public are now quite aware that there is  more to this story. Here’s another part. You now in the Twilight Zone.

I’ve been thinking about  the NDAA president’s recent illogical support saying bitemarks in criminal investigations and court are capable of determining whether a person is NOT guilty of violent crime as being shockingly stupid. According to him that means the bitemarkers can tell the police who is innocent of crime. Just like DNA. Incredible.

For forty years they told police who was GUILTY without scientific reasoning which resulted in at least 24 wrongful convictions. But now they have credibility to say who is INNOCENT?

Besides all the above, here’s another piece of the pie.

I’ve recently been given the worthy opinion that any expression that the American Academy of Forensic Science’s has a “certifying” connection with the FSAB is a violation of the AAFS Code of Ethics. Considering my past dustups with some in the AAFS, and the bitemarkers, I’m rather concerned and somewhat confused both from the source and the message. But, regardless of this, I will continue thinking.

I’ve been complaining for years that the FSAB, which was spun-off by the AAFS as a separate corporation in 2000, has from its inception, certified the bitemarkers’ American Board of Forensic Odontology. This dentist bunch does good work in identifying the dead from dental work, but is beyond the pale in matching toothmarks to people suspected of criminal acts. Their scorecard of wrongful convictions underscores what the President’s Council said about their lack of any scientific validation:

“They were looking for two types of validity. According to PCAST, foundational validity means the forensic discipline is based on research and studies that are “repeatable, reproducible, and accurate,” and therefore reliable. The next step is applied validity, meaning the method is “reliably applied in practice.” In other words, for a forensic discipline to produce valid evidence for use in court, there must be (1) reproducible studies on its accuracy and (2) a method used by examiners that is reproducible and accurate.” See “Most Forensic Science is Bogus.” (to anyone looking for more ethical violations, I don’t agree with the title.)

FSAB has alot of AAFS heavy hitters on its ruling board of directors. Here is a reasonable question to the ask in the public interest. Could this relationship having any bearing on bitemarkers’ continuing survival? Could this merely be a coincidence?  I suppose the NDAA beliefs will have a chilling effect on this part of forensic science reform regardless of who is in on the FSAB decision making.

In any event, the bitemarkers have their FSAB approval up for re-certification in 2018. Its up to FSAB to show the public that the Tx Forensic Commission, the NAS and PCAST will not be ignored.

More about FSAB. 

 

Posted in AAFS, ABFO, Bite Marks | Tagged , , , | 1 Comment

Wrongful convictions from judicial software glitches lacks quick solutions

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A tech company’s software glitches has turned criminal recording keeping into a nightmare by mis-identifying the innocent as guilty. It’s cross the US judicial divide, as the problem isn’t just in California. Any solutions for this appears to have to be found in civil litigation. Groan.

The criminal defense bar in Alameda County, CA seems to be getting the judicial cold shoulder.

OAKLAND, Calif.—Most pieces of software don’t have the power to get someone arrested—but Tyler Technologies’ Odyssey Case Manager does. This is the case management software that runs on the computers of hundreds and perhaps even thousands of court clerks and judges in county courthouses across the US. (Federal courts use an entirely different system.)

Full article:  (Thanks to @CeliaGivens at the DNA Newsletter).

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Judges receive Science Commission training about junk bitemarks

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There is more non-science flim-flam being praised in Hollidaysburg, Blair County, Pennsylvania (pictured above). The bitemarkers’ attack once again. I’m sure the judge needs some help figuring things out.

Short Backstory

Texas hit the news this year in its de-listing the use of bitemark matchers and their testimony within the boundaries of the Republic.

This hasn’t kept certain prosecutors (PA  has another ongoing bitemark case: Kunco  ) from continuing to advance the fallacy of identifying “persons of interest” via toothmarks in skin.

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Dana Delger, (pictured above) a New York Innocence Project Strategic Unit litigator, has this to say about challenging voodoo, astrology and palm-reading’s equivalent making an appearance in the Blair County courthouse.

“Now that we know there are problems, the question is … What do we do in the future?” she said. “We can’t pretend (bite mark evidence) is still reliable.”

Here’s the DA’s spin on keeping the bitemarker evidence in play.

“Delger said Asen [the bitemarker] went beyond his level of expertise and failed to identify how many people could fit into that same category of consistency. But Consiglio [the DA] countered there was no need to consider if someone in China or Johnstown would leave the same kind of bite impression.”

As usual, the prosecutor lacks clarity in expressing himself about scientific issues beyond non-sequitorial confusion. Proper exposition should have been, ” I don’t care if someone else’s teeth match the bitemark.” Of course, that misses an elemental point that the experts can’t pass their own self-designed proficiency testing.

Here’s is a snippet of information about what the Texas FS Commission launched this year regarding educating the judiciary (aka “gatekeepers”) about keeping these “flat-earth” advocates out of their court rooms. The US needs more of this beyond just Texas.

“[there have been] 2 separate trainings for judges in Texas explaining what the Commission decided regarding BM analysis and why.  I have not heard any disagreement with the rationale or the recommendations.  Most view our guidance as common sense.  The feedback we’ve had is they are grateful the Commission compiled and analyzed over 1,300 pages of material.  Because of course they want to do the best possible job fulfilling their duties as gatekeepers but don’t always have the time to conduct a review like this considering the weight of their dockets.”

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Look-back and breaking news on why crimes labs should have independent oversight

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This all blows opposite to what the cop crime labs are saying and its a good thing.

Here’s the latest from California about botched lab false-positive semen testing results that goes back decades. A hearsay statement has the Santa Clara crime lab director saying:

“Our DA’s Office is freaking out,” 

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The Columbus Dispatch has undertaken significant journalism and critical review of police-run crime lab culture from a FACT basis of events. Below is the full article.

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Police and prosecutors call it “the CSI effect”: The unrealistic portrayal of forensic science in television dramas has conditioned jurors to expect — and give great credence to — crime-scene evidence tied to the accused through high-tech analysis.

Sometimes, the key to identifying a murderer — and sending him to prison or death — is only few fibers, or maybe a single hair, blood patterns, a trace of poison, a boot mark or a tire track.

“Wow,” says the viewer. “That’s unbelievable.”

And, in real life, it might be: Forensic science is under attack as highly flawed, according to a recent Dispatch article. A lack of standards, training and verification of results is partly to blame. Other times, scientists appear to go rogue, helping police build their case by favorably interpreting evidence or fabricating results.

Take the case of G. Michele Yezzo, whose 32 years of specialized work at the Ohio Bureau of Criminal Investigation is being questioned — seven years after she retired.

A statewide task force of justice groups and defense lawyers last month launched a sweeping review of all Yezzo-related convictions, despite no problems being found during an internal review by Ohio Attorney General Mike DeWine.

Regardless of their findings, this controversy underscores a broader debate over the quality of forensic science: Yezzo conducted her analysis of evidence without much oversight. Her reports summarizing findings were reviewed by supervisors, but her actual work, methods and conclusions rarely were checked. And her work went unquestioned even as red flags were raised about her mental stability; for example, records show she was accused of saying she’d shoot her co-workers and herself.

Yazzo isn’t the only forensic scientist to fall under scrutiny. In Franklin County, the coroner’s office chief toxicologist from 1977 to 2003, James Ferguson, lied about his academic credentials; his testimony was key to the homicide conviction of a young mother and nurse, whose husband overdosed on drugs. She’d spent 20 years in prison before Ferguson’s dishonesty was discovered.

In Los Angeles County, the police department crime lab spent millions of dollars on fixes after it mishandled evidence, notably tainting the famed bloody glove in the O.J. Simpson murder case.

And in the 1990s, major reforms followed charges that the FBI crime lab mishandled evidence in key cases, such as the bombings at the World Trade Center and in Oklahoma City.

According to the New York-based Innocence Project, more than 100 crime labs and their forensic scientists have been implicated in incidents involving serious errors, falsifying evidence or faulty methods.

A 2009 report mandated by Congress cites a lack of standards for training of forensic scientists and testing of evidence. Scientists analyzing trace evidence were largely self-taught and have no data to support their findings, the report from National Research Council said.

The council recommended increasing scientific standards and making crime labs independent of the control of law-enforcement agencies and prosecutors.

The legal system isn’t immune to injustices, such as mistaken identities or inadequate defense attorneys. That’s why appeals are built into the system. But bad science is preventable, and it is causing widespread harm.

A Dispatch analysis of data since 1989 from the National Registry of Exonerations found that faulty or misleading forensic science played significant role in nearly 1 in 4 of the wrongful convictions of 1,900 people. That included 16 Ohioans, four of whom were sentenced to death.

People’s lives and liberty depend on competent forensic science. Until this profession itself clears out the “lab rats,” it will continue to be under attack.

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American Academy of Forensic Sciences asks public for bitemark validation studies

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In an equitable move [probably in the face of all the LEO crime labs complaining] requested by the President’s Council of Science and Technology chairman, Eric Lander, the AAFS is asking its membership to provide more information not mentioned in PCAST’s report. PCAST is asking for studies with data supporting the following forensic disciplines by December 14, 2016.  Their criteria for submission:

(i) have been published in the scientific literature, (ii) were not mentioned in the PCAST report; and (iii) describe appropriately designed, research studies that provide empirical evidence establishing the foundational validity and estimating the accuracy of any of the following forensic feature-comparison methods, as they are currently practiced:

another caveat:

  1. Please indicate how the scientific reports establish foundational validity and estimate the accuracy of the relevant method.

The subject areas are:

  1. DNA analysis of mixed samples with three or more contributors, in which the contributor in question represents less than 20% of the sample.
  2. Bitemark analysis. [emphasis added] 
  3. Firearms analysis to associate ammunition with an individual gun (as opposed to analysis to identify class characteristics).
  4. Footwear analysis to associate an impression with an individual item of footwear (as opposed to analysis to identify class characteristics).
  5. Hair analysis.

Please send replies to pcast@ostp.eop.gov by December 14, 2016.

I am sure the bitemarkers can come up with something in 10 days. They may need some help. Any volunteers?

Posted in AAFS, Crime lab scandal, criminal justice reform, DNA mixtures, DNA profiling | Tagged , , | 1 Comment

Science in Forensics deniers mostly work for the Cops – No suprise

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Here’s a 2015 post that foretells the 2016 pushback on Obama’s Science Council mere mention of “data’based” supported criminal justice for police experts in the US. #LongRead

A crime lab “conspiracy theorist” blows off the Innocence Project and criminal justice reform as pro-crime “fraud.” Good comments at the very bottom.

 

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Crim Law: Proposed statutes to counteract use of flawed forensics

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  • Statutory triggers to require audits of tainted crime lab evidence
  • Vigorous affirmative efforts to notify clients of the unreliable forensic evidence
  • Meaningful access to discovery including transcripts, lab notes, etc.
  • Allowing DNA testing when samples are available in a case
  • Hearings in which the burden is shifted to the government to prove that the case was not affected by tainted forensic evidence
  • Waiving procedural barriers to appeals

Considering many DAs don’t know a thing about forensic science flim-flam and its experts, Law prof Brandon  Garrett gives us these rules that could “re-set” the system’s inadequate protections for the innocent.

https://forensicsforum.net/2016/12/01/professor-garrett-suggests-potential-ground-rules-to-address-convictions-that-result-from-unreliable-forensic-evidence/

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Crime lab admits data-driven forensics is here to stay

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Taking a strong stance about using data and therefore statistical analysis, a local crime lab says PCAST reinforced what  is already being done. It’s a rather large generalization, but their hearts are pure.

voteramos1  

Now, if only the District Attorneys would take some science classes, things might improve faster, than what the rickety criminal justice ‘system’s’ ability to discern exaggerated forensic experts and then reject them.

Akron crime lab

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Hair matching went away due to the efforts of the Innocence Project – Bitemarks next

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In 2013, FBI began its post conviction review in collaboration with the National Association of Criminal Defense Lawyers and the Innocence Project. By 2015, it had mined through hundreds of cases and identified errors in 90 percent of the testimony given by experts during trial.

http://www.newsworks.org/index.php/local/the-pulse/98665-hairy-evidence-how-a-misconstrued-forensic-tool-led-to-time-behind-bars

In a Pennsylvania court on Monday, the IP’s Strategic Litigation Unit used new science and major backtracking by the AAFS’s Bitemark Board and asked the judge to put bitemark “IDs” into the realm of palm-reading and graphology. Two members of this board testified on recent research and lack of reliable agreements amongst their colleagues about skin-patterns in human skin. These two, Drs. Cynthia Brzozsowki and Adam Freeman have led the way for changes in their organization’s attitude about it’s once hallmark position as “new science” which turned out to be nothing but personal beliefs leading to 27 wrongful convictions in the US. Their dentist opposition took notes during this hearing to record what was said. These consulting science-deniers clearly didn’t help the District Attorney much, as he argued that bitemark reliability is a settled forensics discipline and should still be relied upon to aid prosecutions and to, of all things, “protect the innocent.”

The earth is flat.

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Creepy Politics Goes After the Dead and Buried – Exhumation

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The body of the Philippine dictator, Fernando Marcos, may get disinterred and maybe rexamined in some manner, if various politicians get their way in court.

http://newsinfo.inquirer.net/848626/sc-asked-to-order-exhumation-forensic-exam-of-marcos-remains

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