How-To about jury deliberations that do not convict the defendant

Image result for not guilty meme

“Jury Myths” is an op-ed by a defense attorney on popular definition misconceptions regarding legal procedural and factual differences;  he compares ‘innocence’ versus ‘not guilty’ versus ‘guilty’ outcomes at criminal trials.

It boils down to  ‘actual innocence’  being a product of defense efforts. That’s obvious, of course. But, this determination can occur years is after the conviction. At a trial, it may be argued by the defense using  ‘exculpatory evidence’  [maybe DNA]. Of course, this implies for some reason that the prosecutor has his/her own claim that the evidence is ‘not ‘compelling’ within their theory of guilt. Hence the trial to decide who wins. Even if the jury agrees with the defense, the jury choice is merely ‘not guilty.’ Not ‘innocence.’ That’s what the defendant’s trial attorney says afterwards on the courthouse steps. You can apply all this to Steven Avery’s attorneys’ statements in the “Making a Murder” media claims.

From ‘The Secret Barrister’ blog, The nexus of this is the Chad Evan’s trial in the UK.

[excerpt: Note that there are 9 more ‘myths.’

1. So Ched Evans has been proved innocent, right?

Wrong. You’d be forgiven for thinking this, given that it was in the prepared statement read out by his solicitor, but Ched Evans has not “demonstrated his innocence”. That is not how our criminal justice system operates. It is not a means by which the truth of a situation or event is conclusively and fully determined. Rather the jury are asked one simple question – are you sure that the prosecution has proved its case beyond reasonable doubt (or, as juries are commonly instructed, so that you are sure)? “Not guilty” means just that. The jury were not sure that he was guilty. They may have decided that he was totally, utterly innocent, but we don’t know. All we know is that they considered the evidence, and were less than sure of his guilt. As I tell juries in every closing speech – if you think the defendant probably did it, he’s still not guilty. 

 

Posted in criminal justice | Tagged , | Leave a comment

Netherlands Forensic Institute ranks high in world-wide successful investigations

I hear that the NFI ( located at the Hague ) also has an excellent physician/forensic anthropologist traveling the world on these cases. I love those loupes!

Reza R.R. Gerretsen

This article highlights the world-wide scope of a national crime lab.  I haven’t seen much positive PR recently about anything similar out from the equivalent US governmental crime labs. Just the US Attorney General Loretta Lynch and her peers dissing the President’s Science Council report meant to improve accuracy in certain impression-matching forensic ‘science.’ See:  Bringing the Prosecutors kicking and screaming into the light of scientific standards. 

Related: CSI The Hague

NFI Video tour 

Posted in criminal justice reform, CSI, Identification DVI, Mass Disaster recovery | Tagged , , , | Leave a comment

NRA must be upset over this one – “defense of another” dosen’t bother DA

Image result for nra self defense of others

“The shooting happened the day after Acosta-Sanchez had eluded police efforts to arrest him and an ensuing manhunt involving police and forest rangers, as well as dogs, ATVs and helicopters. Acosta-Sanchez escaped by swimming across the Rio Reservoir. Police broke off their search at nightfall.

The morning of Oct. 11, 2013, Acosta-Sanchez showed up at Carlson’s door. Carlson marched him at gunpoint to a neighbor’s home so someone could call 911. Carlson told police Acosta-Sanchez lunged at him, and he fired the gun. Acosta-Sanchez lunged again, and Carlson fired a second time, hitting Acosta-Sanchez in the head and killing him instantly.”

Full article

Posted in Uncategorized | Leave a comment

A real bad day…Judge tells Texas state forensic examiner to stop testifying in DWI case

Collin County Sheriff's Office

Texas has a mish-mash of regional crime labs which cross pollinate into counties without a dedicated facility. Some are accredited by the ASCLD. Here is its’ police and commercial lab corporation’s approved list of Texas labs. I don’t see Collins County present.

This report of lab misconduct puts the onus on this “top” serology/tox examiners’s employer whom ever that may be.

“One the state’s top forensic experts responsible for blood testing in several DWI cases is under scrutiny for mixing up lab tests. He’s also accused of making conflicting statements under oath.

The swirling allegations of possible perjury stem from a current DWI case in Collin County. A hearing this week could affect many other DWI cases in seven counties since 2013.”

At one point in the public proceedings the judge told this person to stop talking.

Full article

Related: Thousands of case may be affected….”

 

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Facial reconstruction from a blood sample used for criminal investigation

Massachusetts investigators moved forward on a 24-year-old cold case Wednesday after a Virginia lab used DNA evidence to predict the appearance of the woman's killer. (Hampden District Attorney's Office)

Nothing in this newspaper blurb says how any of this has been validated. The police admit not being sure what to do with it. No one brought up the ‘CSI’ method of using digital facial recognition which seems to be having its own set of problems. As in putting the wrong person in prison. See ‘Losing Face’ How a facial recognition mismatch can ruin your life.

Full article on DNA ‘face matching.’

Related: Facial Recognition Market worth $6.19 Billion by 2020. 

US 2016 market now beyond $500 million

 

Posted in Uncategorized | Tagged , , , | Leave a comment

Forensic and Law News: Monday’s Quick Clicks…

Posted in Uncategorized | Leave a comment

Messed up DNA testing fixed after 24 years in prison; Lazy ballistics

Image result for incompetent crime lab

Wisconsin man exonerated and released from prison after 24 years after Milwaukee County District Attorney’s Office found lab analyst made errors in original 1992 DNA analysis report (Milwaukee Journal Sentinel)

A new study shows that PredPol, a predictive policing software created by the LAPD, has the potential to increase racially biased policing (Tech.Mic)

Most local law enforcement agencies still neglect to use the National Integrated Ballistic Information Network (NIBIN): a database of millions of high resolution images of casings collected from crime scenes.  When used properly, NIBIN has the potential to solve crimes more accurately and may help prevent gun violence in some cases (Marshall Project)

Thanks to the New York Legal Aid Society

Posted in criminal justice, CSI, DNA mixtures, DNA profiling, forensic science misconduct, police crime labs | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

‘Dubious’ forensic science casebook: ‘The San Antonio Four’

Image result for salem witch museum

Inside Case Behind Wrongful Conviction Doc ‘Southwest of Salem’

Here ya go. Prosecutors and defense attorneys always have their ‘go-to” forensic experts to review evidence and ultimately, in some cases, no evidence at all. Read this about wound healing from “forcible rape” that is not a “wound.” These stories also end up with “prosecutoring” lawyers seeming to be deaf about these innocent defendants eventually getting compensation.

 From Rolling Stone:

In the summer of 1994, 22-year-old Elizabeth Ramirez and her friends Anna Vasquez, Kristie Mayhugh and Cassandra Rivera were accused of raping Ramirez’s two young nieces during a week-long stay at her apartment in San Antonio, Texas. The allegations against the women, all of whom were openly gay, were outlandish and constantly changing. The nieces, their father and grandmother told various authorities and two courts that Aunt Liz and her friends had suddenly called the nieces in from playing one day to strip them naked, hold them down and violently penetrate them with a syringe of unidentified liquid, white powder and a tampon. They claimed one of the women had put a weapon to their heads – a knife in one telling, but later a gun, then two guns. All the women were convicted. Ramirez was tried first and sentenced to 37 years, while Vasquez, Mayhugh and Rivera were tried together and each sentenced to 15 years.

======================================================

Now, the documentary Southwest of Salem: the Story of the San Antonio Four, tells the story of those convictions, made on the basis of inexplicable allegations and junk forensic science. The film, which will begin airing on the Discovery ID network on October 15th, explains how it all went down at the tail end of a period of nationwide panic that Satan-worshippers were preying on children at daycare, in an atmosphere that was very homophobic.

With the women released and rebuilding their lives at the film’s end, it’s tempting to think the strange case is an outlier from a terrible bygone era and it was inevitable that justice would prevail. But a deeper look into the court documents reveals that these women were deprived of their lives and torn from their children and families due to missteps that aren’t so unusual in our criminal justice system.

The film introduces us to four women who somehow seem to have stayed kind and hopeful throughout their ordeal. We learn who they were as young women before their lives were turned upside down, and we also see the women they become, maintaining their innocence and hope after years separated from their families and each other. It’s an ultimately uplifting testament to their resilience and the dedication of the lawyers, reporters and activists who worked to get them out of prison. But it leaves some questions lingering: Why haven’t they been fully exonerated yet, and how could this happen in the first place?

The transcripts from the two trials read like a dystopian nightmare. Ramirez’s defense attempted to put the children’s mother on the stand to explain that the likely inspiration for their story about a gun – given that none of the women owned one – was an incident when their father, Javier Limon (whose advances Ramirez had rejected repeatedly), had held a gun to their mother’s head in front of them. But the judge deemed that irrelevant and refused to let the jury hear it.

The defense managed to keep the jury from hearing speculation that the alleged attacks were “satanic-related,” but prosecutor Philip Kazen got the message across nonetheless with language about Ramirez having “sacrificed” her niece on “the altar of lust.” When Ramirez took the stand and said she would never hurt her nieces, Kazen announced, “So says O.J., ma’am.” He later explained away the fact that the children and their grandmother couldn’t keep their stories straight by telling the jury that was to be expected of children and implying that only a rape apologist would even consider whether the children were being truthful. He told the jury he wasn’t asking them to convict Ramirez because she’s gay, but that being a lesbian was consistent with her abusing girls. (Kazen went on to become a judge and ran for District Attorney in 2014.)

In the first trial, Kazen ridiculed the idea that Limon put his daughters up to making the accusations, claiming that no father would subject his daughters to a rape exam unnecessarily. By the time of the second trial, the defense had discovered that Limon had in fact previously taken them for rape examinations after making unfounded claims they’d been raped by a 10-year-old boy while in their mother’s custody. The judge decided Limon’s previous allegations were irrelevant so the jury couldn’t hear about them.

The defendants provided a painstaking timeline of the week the children stayed with Ramirez that showed the young women were seldom at the apartment together with the opportunity to team up for the bizarre attack alleged. They were juggling work at Arby’s and AutoZone, shifts watching the girls and Rivera’s kids and coordinating rides to Walmart, public parks and the doctor. But no one could demonstrate an alibi given the vague and changing claims about when the alleged attacks occurred.

When the children and their grandmother were questioned about changing their stories as to what the weapon was and which woman had threatened the girls with it, they insisted their stories hadn’t changed so the court reporter must have gotten their testimony in the previous trial wrong.

In 2012, one of the nieces recanted her testimony, explaining she and her sister were coerced into making the allegations by Limon – who has since made more allegations of his children being sexually assaulted in the context of custody battles involving his other children, and who tried to have his daughter’s children taken away after she recanted.

Homophobia and hysteria didn’t deprive these women of their freedom – prosecutors did.

A recantation never should have been necessary to see the allegations were false, but child abuse expert Dr. Nancy Kellogg, who frequently testifies for prosecutors, lent them credence by first telling authorities deciding whether to prosecute, and then testifying in both trials, that a mark she observed on the hymen of one of the girls was a scar likely caused by painful penetration.

However, as the American Academy of Pediatrics explained in a 2007 report, “torn or injured hymens do not leave scars as a matter of scientific fact.” Variations like the ones Dr. Kellogg claimed were evidence of traumatic injury are normal and she has since admitted her testimony was flawed. She suggested her methods were accepted science back then, but other experts say they had been discredited at the time.

What had definitely been debunked was the idea that satanic cults were preying on children. Yet Kellogg concluded that the alleged assault might be “satanic related” and shared her suspicions with authorities.

Kellogg, who does not appear in the film, continues to be considered an expert in the field. She’s on the faculty at the University of Texas, leads a center specializing in assessing children for abuse and, not only trains other medical professionals, but created a computer program for diagnosing abuse that is sold to hospitals.

Dr. Kellogg has testified in over 800 abuse cases. And this isn’t the only one in which the accuser of someone she helped convict has recanted. It’s anyone’s guess how many innocent people are in prison thanks to her testimony.

But Dr. Kellogg may not be so unusual. The use of junk forensic science in criminal courts is rampant. Fortunately for the San Antonio Four, Texas is one of few states that has taken steps to address wrongful convictions based on bad scientific evidence. Its 2013 statute, informally known as the “junk science law,” allows people to challenge their convictions where there is new or changed scientific evidence, even if they’ve exhausted their appeals.

The film captures the court hearing in which the women challenged their convictions under the new law. The district attorney’s office agreed Kellogg’s testimony was unsound and the women were entitled to new trials. The judge, who had admitted the testimony when he presided over the original trial of Ramirez’s friends, objects to the district attorney characterizing Kellog’s testimony as “junk science,” claiming it was accepted at the time. The judge ultimately agreed new trials were warranted, but found the women had not proven they were actually innocent.

The San Antonio Four need to be exonerated in order to be compensated by the state for the years they spent unjustly imprisoned. But with the case now before the Texas Court of Criminal Appeals, the district attorney’s office hasn’t weighed in supporting a finding that the women are actually innocent, rather than just entitled to new trials.

Homophobia and hysteria didn’t deprive these women of their freedom – prosecutors did. The state’s reluctance to take responsibility in a case where its failings have been unusually well-documented and publicized suggests locking up the occasional innocent person isn’t that big a deal. With that conviction-at-all-costs mentality pervasive among prosecutors in the U.S., we can expect there are many more innocent people in prison than we know.

 

Posted in Uncategorized | Tagged | Leave a comment

Sketchy police use of body cameras; LEO use of predictive crime software biased and useless

NYPD has yet to outfit any of their officers with body cameras despite a 2013 federal court ruling that ordered the implementation of a body camera pilot program in at least 5 NYPD precincts: “Envisioned as a tool to bolster police accountability, body cameras have faced pockets of resistance, from both police reform advocates and some law enforcement agencies and state legislatures. Reform advocates have cautioned that cameras could provide the police with new methods of surveillance that might erode personal privacy, while some law enforcement agencies have balked at the cost of storing so much data, and some states have added restrictions on public access to the footage.” (NY Times)

While predictive policing and risk assessment tools have been used by law enforcement agencies to prevent crime—with little to no success—they have also been implemented in many parole and sentencing decisions, including sex offender recidivism “prediction.” However, the accuracy and legitimacy of these instruments have been questioned because of the tool’s implicit bias and, in some cases, lack of foundation. TruthOut asks, “But is the right question to be asking in this moment really how to balance professional judgment and a predictive instrument, or even how these algorithms or tools are inaccurate and racially profile? Instead, perhaps we should be asking why there is such a profound silence surrounding the elephant in the room: the structural problems in society that drive harm.”
Related: UK Predictive Terrorism Program based on “flawed and secretive science”

Thanks to the New York Legal Aid Society!

Posted in Crime, Crime lab scandal, criminal justice, criminal justice reform, CSI | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

The attack of the “Face-Mark” Matchers – another doubtful FBI forensic “science”

Can you see the difference?

Can you see the difference?

Title credit: Radley Balko. “Atttack of the ‘bite mark matchers.” The above pic are three suspects in a Texas bitemark case post conviction federal hearing. Each color is a specific person’s upper and lower tooth outline. The DA used a couple of ABFO dentists, in US v. Alfred Bourgeois, who said each person had a “unique dental” profile which could be ascertained from skin bruising. Research data says otherwise. The Fifth District court’s 2013 order denying Bourgeois habeas relief is a long, but enticing look at how extensive use of criminal “tendencies” experts as well as bitemark IDs was just fine and constitutionally correct.

Apparently, from the article below,  the US Department of Justice, and National DA Assn’s reject of the President’s Council report on the need to test forensic validity must “think” this facial recognition concept of identification being practiced by the FBI is reliable as well.

https://theintercept.com/2016/10/13/how-a-facial-recognition-mismatch-can-ruin-your-life/

Posted in Uncategorized | Tagged , | Leave a comment