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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Utter silence from over 400 individual US crimes labs after @PCAST forensic report

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The US crime lab communities that receive public funding were said to number over 400 (see below) in the 2009 Bureau of Justice Statistics report. 

Its striking to me that NOTHING has been in the news about what they think (or have been asked) about the President’s Council legitimate findings on moving these government labs towards a greater focus on scientific methods.  Its mostly been a few talking heads from the prosecutor culture.

I think the news media doesn’t give a poo about it. Old news. Uh Oh. I found a………..

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Here’s one about “Raging Debate in Forensic Science.” It does have some crime labber quotes about how they are finally processing old rape kits in Ohio. The lede story is about Ray Krone’s bitemark case.

[excerpt from William Thompson at UC Irvine. He is an ex-FBI forensics guy. Hint: No issues about governmental employment biases.]

“In the environment where a state crime lab is part of law enforcement there can be pressures to help the team,” said William Thompson, a criminology and law professor at UC Irvine. “And there have been cases around the country where a scientist views themselves as part of the prosecutor’s team. That’s why it’s so important to implement procedures to prevent bias.”

 

Bureau of Justice Statistics (BJS)

August 2, 2012    NCJ 238252

Presents data on the more than 400 state, municipal, county, and federal crime laboratories operating in the United States during 2009. The nation’s publicly funded forensic crime labs perform a variety of services, such as DNA tests, controlled substance analyses, and latent fingerprint examinations. This report examines crime lab personnel, budgets, workloads, and other administrative information, including backlogs in requests for forensic services. The report also offers information on laboratory accreditations, proficiency tests, and other quality assurances. It provides a comparative analysis with findings from censuses conducted in 2002 and 2005.

Highlights:

  • During 2009, the 411 federal, state, county and municipal labs operating that year received over 4 million requests for a wide range of forensic services.
  • At the end of 2009, the nations publicly funded crime labs had an estimated backlog of 1.2 million requests for forensic services, which was relatively unchanged from the backlog at yearend 2008.
  • Between 2002 and 2009, the percentage of publicly funded crime labs that were accredited by a professional forensic science organization increased from 71% to 83%.
  • Publicly funded crime labs employed an estimated 13,100 full-time personnel in 2009an increase from about 11,000 in 2002.
  • The estimated budget for all publicly funded crime labs in 2009 was about $1.6 billion compared to the $1.0 billion budget for labs in 2002.

Part of the Census of Publicly Funded Forensic Crime Laboratories Series

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Steven Avery: Close Look at DNA testing and re-testing and non-testing for @ZellnerLaw

Social media is never a good place to divine what’s happening fact-wise in “Making A Murderer” (or in any forensic case for that matter) but here is a collection of the latest.

  1. Claims about what the DNA testing list agreed upon between the State and one of Avery’s attorneys, Kathleen Zellner. Notable is a mention that there was no new DNA testing allowed of human remains. That may be a settled issue. Alot of DNA attention given to the victim’s vehicle.
  2. Zellner re-ups already completed testing that ‘conclusively proves’ Avery’s innocence.
  3. Probably the best of the media lot includes all the above with large amounts of photos. It includes the use of C14 on a police collected vial of Avery’s blood.
  4. This local Wisconsin news outlet shows Zellner near the courthouse.
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A science-based blast at Prosecutors’ belief in alchemy, voodoo and bitemarks

The Current Issue

Oxford University Press’  Journal of Law and the Biosciences just published an amicus curiae (i.e. friend of the court) anti-bitemark treatise which empirically debunks the recent PCAST deniers such as the National DA Association, the IAI, a ‘congress’ of crime labs, the US Department of Justice and the FBI.

The treatise does a complete look into skin-pattern-matching origins, early case law of its acceptance, judicial scientific mis-conceptions about validity, self-serving assumptions, dozens of exonerations, and ruinous failures in proficiency testing. The parallels to alchemy and voodoo are striking. Recent research into the impossibility of bitemarkers possessing ‘medical certainty’ in court gets special attention.

NOTE: the use of ’empirical’ should be considered facts, peer-reviewed studies, failed reliability testing and data underscoring the false beliefs advertised by the bitemark dentists belonging to the American Academy of Forensic Sciences. Read about the ‘Bullshit Factor about Bitemarks.’

Here are the curiae’s panel members. amicus-curiae The entire brief puts the scientific method’s objectivity up against sniveling, mis-facts and innuendo that has appeared in the media from DAs such as San Bernardino’s (CA) Michael Ramos.

Forensic bitemark identification: weak foundations, exaggerated claims (treatise)

An excerpt:

[explaining the latest 2015 proficiency testing disaster of the bitemarkers]

Taking all three questions together, for just under half of the cases, half or fewer of the examiners agreed on the same trio of responses. For only 14 of the 100 cases, did at least 80 per cent of the examiners agree on the trio of responses.

Although no one knows which answers of which examiners were correct or not (the validity question), one can be sure that many answers were incorrect since contradictory answers cannot all be correct. The reliability of a measuring instrument sets an upper limit on its possible validity.

The study just described suggests that on this earliest threshold issue—before any of the other difficulties of bitemark ‘comparison’ have to be confronted—bitemark analysis has not been shown to be reliable (let alone valid). Put simply, if dental examiners cannot agree on whether or not there is enough information in an injury to determine whether it is a bite mark, and cannot agree on whether or not a wound is a bite mark, then there is nothing more they can be relied upon to say. Unless and until they can do this threshold task dependably, there is no other aspect of bitemark identification that can be counted upon to produce dependable conclusions.

Posted in AAFS, ABFO, Bite Marks, forensic science reform | Tagged , , , , | 1 Comment