CA Prosecutors Who Withhold or Tamper with Evidence Now Face Felony Charges

The “fair and equitable” National DA Association @NDAA is currently deaf on this and are quite unlike their blasting at President’s PCAST forensic report.

Phil Locke's avatarWrongful Convictions Blog

Well ….. it’s about time!

This is a “biggy” – a significant step in establishing prosecutorial accountability and exposure to sanctions.

California has just enacted a law that exposes prosecutors who withhold or tamper with exculpatory evidence to felony charges, with up to three years imprisonment.

Please see the LA Times story here.

Now we just need to have this migrate to all the rest of the states and the Department of Justice.

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Another judge as “gatekeeper” keeps the ball rolling for fibers, oks DNA, and fingerprints

Image result for confused jury

Just another day for a judge allowing certain forensic info into a trial in order to have the jury decide on the ‘scientific facts.’ The biggest ‘if’ I have about this case is the fiber person saying “the same clothing” found at the crime scene leads to the defendant Fell.  From this determination, the jury then gets arguments from both the DA and Defense about linkage.

The CSI part of the expert using pictures and a microscope passed the judge’s muster as it is established means of “identification” albeit with “limitations.” Being laypersons regarding forensics ‘matching,’ the jury easily takes the a practical alternative to understanding what ‘limitations’ means according to the dueling lawyers and choose whichever side it ‘likes.’

Two weeks ago, this is what the President’s Science Council and the federal Judicial College talked about what is wrong [aka ‘overreaching’] with the low entry standard of certain expert opinions. This judge may have missed the boat and ruled fibers admissible using the legal standard of relevance as he misses the scientific part of the Federal Rules of Evidence 702. It should be emphasized that it’s the DA [lawyer] that develops what meets the relevant threshold being a lawyer. Its not anywhere close to the term “reliable” threshold which is scientific and just as ‘relevant.’

(excerpt)

“Koch [the expert] also testified that she had been told Fell [defendant] and Lee [a co-defendant] were wearing the same clothing at the time of their arrest several days later in Arkansas that they had been wearing at the time of the crime.

The government argued Koch’s conclusions are relevant “because they associate Fell and Lee with the crime scene, and corroborate Fell’s statements,” according to court documents.”

Full article

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Continuing information on the battle of #ForensicScienceReform and #WRONGFULCONVICTIONDAY

Edited by Julie Fry
Written by Celia Givens

Law enforcement officials in at least 4 states have been collecting voluntary DNA samples from people who are not suspected of or charged with a crime 


Over the past ten years, law enforcement officials in Florida, Connecticut, Pennsylvania and North Carolina have increasingly been collecting DNA from people during “routine” stops by asking them to volunteer their DNA. While there are clear legal precedents concerning collecting criminal defendants’ DNA, ProPublica notesthat “the notion of collecting DNA consensually is still so new that the ground rules remain uncertain. Who can give such consent and what must they be told about what they’re consenting to? Who decides how long to keep these samples and what can be done with them?”

These “voluntary” samples have helped police expand local law enforcement DNA databases and are even added to private DNA databases—which, unlike federal or state databases, are not subject to regulation or oversight. While larger cities can afford to run public forensic laboratories, smaller cities have partnered with private DNA labs that “offer such fast, cheap testing that police can afford to amass DNA even to investigate minor crimes, from burglary to vandalism.” One lab director added that, “The lower standards for DNA profiles included in private databases could lead to meaningless or coincidental matches…No one knows what the rules are about what they’re going to upload into these private DNA databases or not. Mixtures, partials—what’s their criteria? It varies.”

Forensics in the News


FBI, DOJ and NDAA issue statements against PCAST report declaring they will not adopt any of the report’s forensic science reform recommendations (The Intercept)

After the President’s Council of Advisors on Science and Technology (PCAST) released their report on forensic science reforms in criminal courts last month, both the FBI and DOJ have issued statements blasting the report’s findings and refusing to adopt the committee’s recommendations. The FBI issued a press release on September 20th that called the PCAST report’s criteria “subjectively derived and [therefore] inconsistent and unreliable,” while in a statement given to the Wall Street Journal, Attorney General Loretta Lynch remarked, “We remain confident that, when used properly, forensic science evidence helps juries identify the guilty and clear the innocent, and the department believes that the current legal standards regarding the admissibility of forensic evidence are based on sound science and sound legal reasoning. While we appreciate their contribution to the field of scientific inquiry, the department will not be adopting the recommendations related to the admissibility of forensic science evidence.”

The National District Attorney Association (NDAA) has also released a very critical letter against the report calling the reform recommendations “scientifically irresponsible,” which, according to Salon, has “lent credence to a longstanding criticism that American prosecutors are more concerned with winning than in establishing a defendant’s guilt beyond a reasonable doubt.”

Former Orange County Senior Forensic Scientist Mary Hong accused of “doctoring key DNA analysis by giving conflicting testimony that aided prosecutors win two homicide trials” (OC Weekly)

STRmix DNA analysis software under intense scrutiny after being used in high profile U.S. cases, including the Oral Nicholas Hillary trial, where the DNA evidence was precluded from trial after not being properly validated (Stuff.co)

Hundreds of Massachusetts criminal cases could be thrown out after 8 guns, $70,000 in cash, and large quantities of drugs were found missing from a police evidence room. Officials discovered the missing evidence after an audit was ordered last spring and the officer in charge committed suicide shortly before the review was to begin. State judges have already dismissed five drug cases at prosecutors’ requests citing mishandled evidence (Boston Globe)
Related: Op-Ed: Time to get serious about protecting evidence

Opinions and Commentary


In an Op-Ed in the Wall Street Journal titled “Rejecting Voodoo Science in the Courtroom,” Judge Alex Kozinski writes about the latest PCAST report on forensic science reforms in criminal courts:

“Americans have long had an abiding faith in science, including forensic science. Popular TV shows like ‘CSI’ and ‘Forensic Files’ stoke this confidence. Yet the PCAST report will likely upend many people’s beliefs, as it should. Why trust a justice system that imprisons and even executes people based on junk science?…Even methods valid in principle can be unreliable in practice. Forensic scientists, who are often members of the prosecution team, sometimes see their job as helping to get a conviction. This can lead them to fabricate evidence or commit perjury. Many forensic examiners are poorly trained and supervised. They sometimes overstate the strength of their conclusions by claiming that the risk of error is ‘vanishingly small,’ ‘essentially zero,’ or ‘microscopic.’ The report calls such claims ‘scientifically indefensible,’ but jurors generally take them as gospel when presented by government witnesses who are certified as scientific experts.”

In his latest blog post Jay Stanley, Senior Police Analyst for Privacy and Technology at the ACLU, asks (and answers) the question: “The police want your DNA to prove you’re innocent. Do you give it to them?” (ACLU Blog)

“5 Kinds of Junk Science Prosecutors Have Used to Send People to Prison” (Attn.com)

ABC 20/20: Oral Nicholas Hillary Trial


ABC News 20/20 featured the trial of Oral Nicholas Hillary, who was acquitted last week of the 2011 murder of Garrett Phillips. Hillary’s acquittal marks the final chapter of a nearly five year-long case in which the prosecution produced little physical evidence, relying mostly on circumstantial evidence.

The NY Times noted that the state “produced little, if any, hard evidence linking Mr. Hillary to the crime — no DNA, no fingerprints, no hair or fiber samples — leading him to suggest a far more pernicious explanation for the prosecution: his race. Mr. Hillary is black; Garrett was white, as is his mother and most of the surrounding St. Lawrence County…Seen through a prism of racial bias, the investigation and trial drew widespread attention at a time when law enforcement’s relationship with black Americans is under increased scrutiny after a string of shootings by police officers. But the case was also steeped in raw emotion and drama: the violent, unsolved murder of a child, an unheard-of crime in a small town, and a long and imperfect search for a killer.”

Click the picture to play the video

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Feedback, articles, and suggestions pertaining to the DNA Newsletter can be emailed directly to Celia Givens
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Researchers seek to use hair protein analysis as a more reliable alternative to hair microscopy

Ah, the evolution of a forensic news release about a “breakthrough” into the world of validation. It shouldn’t be done afterwards. But as this says, backwards is how bitemarks and hair shaft comparisons got their start. And that turned out to be a criminal justice disaster.

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Young Forensic Scientists : Are you learning about the FS Reform issues?

There is a trend within the forensic science media is the that the millennial generation is ripe to populate and continue the glory of crime detection. I certainly experienced a version of that in the 1970’s (all before CSI, but Quincy, M.E. was a hit). This latest gen of adults possesses much more tech savvy (of a digital flavor), but their STEM equivalency may be much less and has been described as an educational “gap.” I would suggest that all the young folks  I have seen at forensic science meetings, having seen their post presentations, etc. and obvious basic science training are certainly in this category.

This is brief a look (first page searches on Google) into various content that recognizes and promotes bringing new blood into the realm of an industry predominately controlled by police, prosecutors and politicians.  All are done with the best of intentions, but the professional promotions on forensic sciences are very conservative and rather stiff when regarding critical outside influences.

I  became curious when considering all the news about what some call “forensic science reform.” So I googled: “forensic science and young aspiring scientists.” The webpages I looked at are currently silent to the battle of wills being thrown about in the daily media’s focus on the forensic standards’ debate.  The news reflects either advocates of more scientific rigor  or a push-back declaring this a monumental attack on the walls of a sacrosanct criminal justice (see below for references).

You may can pick one side or the other because, as yet, no one is acting as a “mediator of moderation” or “conciliator of conflict” after the President’s Council on the forensic equivalent of STEM elected to re-up what the National Academies of Sciences promulgated for a “safer” use of forensic expert types back in 2009. Today the AAFS News Alert put out a link to the President’s Council of Science and Technologies Report titled “Forensic Science In Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.” Here is a link to a .ppt on the scientific method. 

For a much simpler talking point, just reflect on wrongful convictions (See: The Registry) and their underlying presence of forensic weaknesses.

Opinions range broadly on the contribution of forensics to bad convictions. It is almost 50% by the Innocence Project 324+ cases. The Registry puts it around 30%. These are versus exonerations being just a “fraud” and almost zero according to reportage by @crimelabreport.

The President’s Council and others say that ” feature-comp-forensics” (aka: impression marks on objects and people) of fingerprints, footwear, some ballistics, and bitemarks) do not deserve a “scientific pass” or exemption about their validity. The following links to governmental groups are either claiming they deserve one or they have it covered. All the links refer to PCAST response by law enforcement agencies and a crime lab certification business.

The IAI: A police lab society,

The FBI,

USDOJ: See: The FBI and DOJ Vow to Continue Using Junk Science,

ASCLD: This is a  crime lab certifying company and has no PCAST position that I can find. The Phelps pic is from their @ascld twitter account and as you can see, they do throw out some “shade” from time to time.

and NDAA: the prosecutor association.

Google search terms: millennials, forensic science. All are in original page ranking .

1. Unbelievable, but true. Millennials in the Lab. “Ducks and water. Birds and sky. Squirrels and trees. Some things just fit their environments perfectly. Similarly, with their technological savvy, millennials could be considered the perfect fit for the laboratory, according to the lab managers we spoke with.”

2. The AAAS is the mainstream PR of general science. Here is its encouraging PR piece. “The U.S. R&D enterprise needs more support, but millennials, born near the end of the 20th century, share characteristics that will serve them well if they become scientists, S. James Gates Jr. said at the AAAS-Hitachi lecture.”

3. Millennials will advance as the majority working in 2030 crime labs. This article is all about workplace systems and job flow. It also has data graphics. At the end it mentions exonerating the innocent within the crime lab system. #PCAST’s rationale clearly implies here is need for these labs, their directors and certain forensic organization to be more precise.

Google search terms: young forensic science scientists

4. Young Forensic Science Forum (YFSF) has premier presence in this search thread and is sponsored by the AAFS. It is linked to a nice FAQ Q&A that puts in a “CSI Effect” definition among others.

 “The CSI effect, also known as the CSI syndrome and the CSI infection, is any of several ways in which the exaggerated portrayal of forensic science on crime television shows such as CSI: Crime Scene Investigation influences public perception.”

That’s accurate. The news and opinion media is also showing people perceiving others than just the CSI actors doing some exaggerating.

The full website highlights its annual meeting speakers for 2017 and has their mission statement as, in part:

“Participants of YFSF come from all sections and membership levels of the AAFS.  YFSF provides an amazing opportunity for new forensic scientists to interact with and become part of the established forensic science community. This is accomplished through meetings and educational sessions at the annual AAFS conference, the YFSF newsletter, and this website.”

A look at their September newsletter shows its 2017 meeting’s general info about the speakers the AAFS invites to their sessions (congrats to RT Kennedy! @liquiturdotcom), basic job interview hints including a great one on “hide your tattoos” plus its pledge to:  “….engage and provide guidance and support to our generation of students and professionals throughout the entire year.”

This is quite commendable. Good luck to all and…..

Please read the PCAST Report. It is 178 pages of good advice and facts worthy of discussion at the AAFS meeting in February 2017. Do this even if the AAFS doesn’t have its own PCAST response by then.

 

 

 

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The impending reversal of the “CSI effect: 24000 forensically compromised convictions gets ignored

TrustForensicSci copy

41,000 conviction cases. 24,000 are comprised. In ONE state.

Significant web-buzz is counter balancing the “Law and Order” industry’s (police, prosecutors, police crime labs, and various Crim Justice talking heads)  howling that their self-assessed forensic integrity is just fine.

Well, let’s see what they say about this from Slate. I’m sorry its just a blog. (a hint for the Crime Lab “Congress.” 

LEO responses draw little depth from their platitudes about outliers, wrongful conviction denials, etc. As shown in this Annie Dookhan crime lab disaster, corrections to her shredding the integrity of Massachusetts convictions had to be “solved” through ACLU directed litigation. The MA Conviction Integrity Unit (or its equivalent) as a “vanguard of criminal justice reform” must have been on vaca. In fact, I can’t find out if MA even has a CIU in any of its jurisdictions.

Image result for conviction integrity unit

List of 20 CIUs up to 2015

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The MA State Attorney General’s Appeals Division looks to be the closest thing, but its mandate seems to be rather pro-prosecution as it “defends convictions” within the state. 

Proof of the all these matters is that public trust in the “CSI effect” is in major reversal mode. Shock is  consistently coming from recent followups on the US AG Loretta Lynch and other law enforcement sounding like MS attorney General Jim Hood defending the “bitemark king” Michael West.

 

 

 

 

 

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Warning to Millenials: The Justice Dept. doesn’t care if junk science puts you in prison. They will put you away. 

20 somethings are at risk from the over blown confidences of prosecutors’ bragging that they can bring bogus evidence against you in criminal courts. 

Putting innocent people in prison.

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More Time of Death finagling by Orange County LEOs

Image result for super confidence expert

This falls in the same category of recent news from the CA_Innocence #FreeTheCA12 clients. 8 are still in prison. Kimberly Long and Bill Richards experienced the same kind of time of death scamming.

Here’s what’s going on in Orange County courts. It’s interesting that Riverside, San Bernardino and Orange homicide cops, DAs and crime lab folks just can’t stay outa the negative light of the media.

Excerpt: “At issue are divergent, sworn statements Senior Forensic Scientist Mary Hong made in People v. Lynn Dean Johnson in 2008 and People v. Wendell Patrick Lemond the following year, according to records filed Sept. 23 in Orange County Superior Court.”

In the body of the news article, you will read the expert waffling non sequiturs on her reasons ( without a fair limiting explanation) surrounding an area of DNA “ageing” that really is  just guessing. She explains limitations, but absolutely ignores their obvious influence on the low confidence level that should directly result. Mum. These partial and incomplete posits is what is “called expert exaggeration” in the media and in the PCAST report linked below.

At closing arguments, the DAs generally firm up the favorable part of the expert’s opinions and the jury is ignorant on how these “changes” not uncommonly (sorry, a double negative)  are from influence on the examiner via pressure by her LEO employer. “Re-tested”  evidence is a clue to this happening unless analytics (as in “touch” DNA ) have advanced.

In this era of “pattern-matching-features” expertise taking hits from the President’s Council of Advisors, the public is learning that “re-testing” can be nothing more that using an eyeball [aka “imaging” ] to look at evidence “features” that have not been researched out for supportive or contradictory data on how often they occur.  Its a daily thing for courtroom experts to testify to how often things/objects/molecules/nucleics occur in the “world” we live in.

http://www.ocweekly.com/news/orange-countys-crime-lab-accused-of-doctoring-dna-analysis-in-murder-cases-7538100

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Here’s a criminal lawyer’s worst nightmare: Hiring a forensic expert with a faked resume.

Image result for puffery

Interesting story for a few reasons:

  1. The opposing expert was a cop and thought this defense expert’s CV looked suspicious. This in itself isn’t unusual. Fact-checking an expert is a rather basic act by both sides in court cases. I’ve had weird questions asked of me at times. As in “Do you live in Hollywood?” That was from a DA who was on my hook for missing and not collecting biological evidence from a murder victim.
  2. The DA files 5 charges against the expert with lying under oath.
  3. Describes some of the tricks experts of unusual deceit use to puff themselves. I’ve seen similar in the “see one, do one, and then convict one” present in the “fabricating evidence” case of Mississippi {see the Galileo of video “enhancement” in action}

[excerpt]

“On Thursday, the 57-year-old Tampa resident [the nefarious expert] was arrested in Polk and charged with five counts of lying under oath about his educational background, professional certifications, military service and time spent working on sensitive government projects. He specialized as a defense witness in cases involving sexual abuse and child pornography.”

Full article

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“Stated more simply, no sane human being could find them guilty,” CA_Innocence

California’s governor Jerry Brown needs to tell that to Kimberley Long and the remaining members of the #FreetheCA12 still in prison. Kimberley is a victim of exaggerated pathology confidence in determining a murder victim’s death. That’s all that was needed to convict her of. It was purposely narrowed to a time line advantageous to the prosecution. Another of the #CA12 is Bill Richards who faced the same forensically biased efforts of the San Bernardino Sheriff and District Attorneys Offices.

Here is a story of forced confessions and worse from the “Norfolk Four.” A new judge comments on their case is the above lede.

This latest article gives another story attesting to wrongful convictions. DNA was the only evidence that brought their case forward to relief. There are other cases of conviction just as erroneous that have no such biological “silver bullet.” Those people must face arbitrary interpretations of District Attorneys and appellate judges who in, disturbingly large numbers, consider wrongful convictions “someone else’s problem.” [NIMBY]

Latest on  the Norfolk sailors. 

Other links to this case. Both have video.

https://www.pbs.org/wgbh/pages/frontline/the-confessions/

 

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