Regardless of UK LEO witch hunt, Forensic Expert continues to express herself

Dr Waney Squier is back to work at last - but cannot give evidence at court cases for three years

I have been following Dr. Waney Squier’s odyssey of medical retribution against her for doubting the ‘science’ behind the over-stimulated use of Shaken Baby criminal convictions. This article shows, after years of bumbling partisan tomfoolery against her, she is not going away quietly.

I rather like that. She’s at the top of the list of my forensic pantheon and has contributed a chapter in the upcoming book  titled “Forensic Science Reform: Protecting the Innocent” which publishes January 9, 2017 at Elsevier/Academic Press

More from Waney Squier at The Daily Mail

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The cost of Austin crime lab failure reaches $6.5 – $14 million estimates

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Regardless of the politicians assurances, this taxpayer cost will surely go up to  include whatever additional legal costs that occur over the propose next five years. Its 12 years worth of crime lab cases.

So far, no one has blamed the TX Forensic Science Commission’s role in bringing all this to light. Maybe because they did their job, initially over prosecutors’ objections.

California and all the other states could sure use this type of oversight. CA just wants to keep executing people.

The Statesman

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Austin Crime Lab woes gets even worse – Pushback against DNA upgrades

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Here’s a short bit from why the Austin TX police run crime lab road to recovery just fell off a cliff. The state’s overseers are having resistance to retraining some of the existing employees. As in ……….

“a supervisor’s decision not to tell the district attorney’s office that a freezer housing hundreds of vials of DNA evidence sat broken for eight days, potentially damaging the samples.”

Full article

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It’s a good start. The $2 drug tests are great for law enforcement drug warriors, but not much good for anyone else.

More Prosecutors Refuse To Accept Guilty Pleas Based On Faulty $2 Field Drug Tests

Latest on cheapo, error prone drug tests apparently going south in Oregon.

https://www.techdirt.com/articles/20161206/15130336213/more-prosecutors-refuse-to-accept-guilty-pleas-based-faulty-2-field-drug-tests.shtml

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Politics, Military Police and Forensic Science Conflicts

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The white hats in the forensic science world like to say that “truth” in their investigations always wins out. Read this story about how a US military medical examiner in Afghanistan got his investigation quashed by a general whose name is familiar.

“A coroner found the detainee’s treatment in custody contributed to his death. Yet Gen. David XXX and other top officials blocked an autopsy that would have determined whether he had been abused by US troops.”

Petraeus

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Prosecutors dragging their feet on uncovering extent of years long crime lab scandal

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In part, the crime lab scientist stole, used and messed with drugs while employed at the crime lab since…..

“An interim report by state Assistant Attorney General Thomas Caldwell said, “Ms. Farak began using controlled substances regularly in the last quarter of 2004; Ms. Farak was under the influence of controlled substances during a vast majority of her working hours from the last quarter of 2004 to her removal from the lab on Jan. 18, 2013.”

Of course, defense attorneys, one of which exposed the entire debacle, are not pleased that the prosecutors declined to find any prosecutor misconduct during the startup of this investigation in 2013.

http://www.masslive.com/news/index.ssf/2016/12/multi-day_hearings_will_try_to.html

Deeper look into the story. “Crime Lab Scandal Explodes.” From Chemistry World. 

Here’s another long term crime lab scandal involving another MA chemist: Annie Dookhan. A 129 page report. Both convicted lab chemists once worked at the same MA State crime lab.

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Big Civil Payout in Digital Fingerprint Mis-handling and Release to Third Party

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This is just about a tanning salon franchise. The settlement class action amount is chump change compared to what will happen if/when biological info in commercial use gets lost or stolen or surreptitiously resold. As usual, the lawyer gets alot of it. The article mentions the ‘Biometric Privacy Act.”

Cook County Record 

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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. 

 

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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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