Calls for limits on ‘flawed science’ in court are well-founded: A guest post

From their lock-step superficial response, I doubt many of these “dissenter” blokes read the entire PCAST report. DOJ Loretta Lynch included. .
See their grumpy cat at:
https://csidds.com/2016/09/22/crime-lab-congress-disses-pcast-forensic-report/

Liza Dietrich's avatarWrongful Convictions Blog

From: The Washington Post

A White House advisory council on Tuesday issued a report urging federal prosecutors and judges to tread cautiously around forensic science on bullet markings, bite marks, tire tread marks and complex DNA samples, saying the science on them has not been proven by testing and research. The Post’s Spencer Hsu has the full story here, including strongly dissenting views from police and prosecutors’ groups, and the report from the President’s Council of Advisors on Science and Technology is included at the bottom.

University of Virginia law professor Brandon L. Garrett, who has written a book on flawed forensics and wrongful convictions, titled, “Convicting the Innocent: Where Criminal Prosecutions Go Wrong,” argues that the council’s report is well-founded and supports a 2009 National Academy of Sciences report that much of forensic evidence used in criminal trials is “without any meaningful scientific validation.”

By Brandon L. Garrett

“They weren’t looking for…

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Blogging the war on forensic science reform; “unsupported and misleading”

crime-lab-report-copy

Projections and accusations of deceit, lying, financial gain, and undermining the criminal justice system are now flowing through the media from law enforcement types who are pointing at “forensic science reformists”  getting viral positive attention in the press and legal literature. The LEOs are not happy. See the above brag from the National District Attorneys Association.

My goodness, the National Academy of Science, the President’s Council of Advisors on Science and Technology, and the National Judicial College may never be the same after such thrashing.

Take heed to another example of  “academic vitriol.” This time from Professor Lowell Thomas Johnson of Marquette University.  [below in italics]. He calls his reform opponents scientists yet they are “unethical,” “disagreeable” agendaistas, anti-forensic science with “no background,” “misleaders” of the American Board of Forensic Odontology, and ignorers [my sic] of massive amounts of unbridled scientific support for bitemark matchers fighting crime. Un-nice rhetoric for a Professor.  Now a bit of background.

Johnson is now retired from Marquette University.

He is also similarly critical of Robert Lee Stinson’s bitemark conviction being quashed a few years ago by post conviction DNA evidence from a brutal rape case in Wisconsin. Stinson was in prison for 23 years. Radley Balko at the Washington Post covered this case as a glaring example of the legally approved and entrenched “bitemark expertise ” mythology. Stinson (and the other bitemark exoneration cases) show this as a failed misadventure of something claimed to be “science.”

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Robert Lee Stinson’s release after 23 years in prison

Stinson has received $90,000 since his release.  Dr. Johnson and Dr. Ray Rawson teamed upgainst Stinson. Rawson put Ray Krone on death row in Arizona. Krone got $4.4 million.

This week, Dr.Johnson articulates his science in the public forum once again, and bolsters his claims with his research as being the penultimate data telling the truth of bitemark science.

“Ethical scientists don’t always agree with each other’s opinions, but they disagree agreeably. Unethical scientists cannot accept an opinion that doesn’t agree with their own. They resort to demeaning the opinions and work of those who disagree with them, using terms such as “junk science,” blogging unsupported and misleading statements, and ignoring the vast amount and years of published research in support of the opposing opinion.

There is a judicial and social activist group composed of members of the criminal defense bar, law school professors, and academics with no background in forensic science who are being showcased as “experts in forensic science” by willing and misguided journalists in the mainstream media. News reports about alleged forensic science malpractice frequently include the comments and opinions of these unqualified “experts.”

Not all of the Diplomates of the American Board of Forensic Odontology are buying into the disinformation being disseminated on the Internet.

Below is a link to a video produced by ScienCentral describing the early research at Marquette University under awards from the Midwest Forensic Resource Center, Ames Laboratory, Iowa State University to develop software and methodology that enable the quantification of seven individual characteristics of the teeth in the anterior dental arches.

https://www.youtube.com/watch?v=thfHB5e51q8  

Several peer reviewed papers derived from three research awards from the Midwest Forensic Resource Center, Ames Laboratory, Iowa State University were published in the Journal of Forensic Identification.” [JFI]

JFI (at www.theiai.org) has nothing to do with forensic odontology and is all about police fingerprinters and crime scene folks (photography, computers, foot prints, and so forth). Too bad the ABFO wasn’t capable of  using Dr. Johnson’s efforts [more than one paper was rejected elsewhere] in any empirical way that could have changed the outcomes for the dozens of men and women who have lost hundreds of years of freedom like RL Stinson.

The science of Dr. LT Johnson. 

All this cost $712,000 and according to the President Council’s forensic report published last Tuesday, I would expect this will be the last money ever spent on forensic bitemarks and sadly maybe anything dealing with forensic dentistry.

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It’s put up time for the American Academy of Forensic Sciences to act on bitemarks

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Some folks are holding their collective inhalation about what the AAFS will do after the recent PCAST demolition of bitemark analysis. The President’s Science Council invoked the same rationale used by the National Academy of Science’s “Forensic Sciences…A Path Forward” report in 2009.

We have heard a bunch from some crime labbers, national da people, the us department of justice boss, and so forth gathering in a clump in objection.

Nothing from the AAFS so far. That’s a good thing, since everyone in its leadership have real day jobs and thankfully did not mimic other “knee jerk” folks who launched themselves into a tizzy before the final PCAST paper was formally published. It was leaked by some dentist calling him/herself “Dr4ensic.”

Here’s is what the AAFS said in 2009 about that report from the NAS.

In part……the AAFS promised……..

“Whenever a credible concern is brought to the Board of Directors of the AAFS regarding the scientific basis of a forensic science technique, the President will charge the President-elect to chair, and the appropriate section chair to co-chair a committee to assess if the challenge is legitimate. The committee shall consult with members of the relevant section(s), other professional organizations, and certifying bodies recognized by the Forensic Specialties Accreditation Board (FSAB).”

The full  2009 AAFS position statement on the NAS is here.

Might the PCAST report be sufficient “concern” for the AAFS committee led system to activate this promise? Their topic should be bitemarks and …………much more besides.

 

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Prez advisors warn: halt convictions based on pseudoscience

Hmmm. I wonder who Dr4ensic might be? The plot thickens. I’m waiting for the American Academy of Forensic Sciences to weigh in on PCAST. That response will either lend considerable credence to PCAST as a “Path Forward” or… well let’s just wait and see.

Appellate Squawk's avatarAppellate Squawk

galileo-and-telescope-detail Galileo tries to persuade the Inquisition to look at the Moon through a telescope.

A mysterious Deep Throat, known only as Dr4ensic, has leaked a draft report from a Presidential commission warning that courts are falling down on their job of keeping out junk science offered by the prosecution.  That’s mighty public-spirited of Dr4ensic, considering that the report trashes his own field of bitemark comparison, among others, as  hopelessly unscientific. Yup, the President’s Council of Advisors on Science and Technology (PCAST) has concluded that the highfallutin scientific jargon of expert opinions that a bitemark, fingerprint, shoe print, tire print, bullet or hair found at the crime scene could only have come from the defendant amounts to nothing but “because I say so.”  But you mustn’t peek, because the report is marked “DO NOT QUOTE OR DISTRIBUTE.”  draft-pcast-report-1-2

Nevertheless, the National District Attorneys Association has lost no time in howling…

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Bringing the Prosecutors “kicking and screaming” into the light of scientific standards.

.@ndaajustice will continue to defend our criminal justice system against those who try to undermine ithttps://twitter.com/ndaajustice/status/771802800166694912 

Here’ the stand-off:

Prosecutors’ existing forensic standards necessary for them to continue to to get convictions in the 5% of their caseload which actually goes to trial. Obviously, these same standards are used to get the other 95% to plead out.

vs………………………….

The use of methods that have considerable basis in better scientific fact rather than prosecutors’ success rate ( aka “stare decisis’) derived “beliefs.” Since science methodology is a foundational concept dating back to the Egyptians, Greeks and Hammurabi and our US Constitution is only about 228 years old raises a question. Is there some connection between the two? Plus, is all this PCAST argumentation only a metaphor for a much broader cultural context?

I certainly think there is a connection, but not by all means is it a “perfect match.” As exoneration litigation has revealed.

If all that is true, shouldn’t reasonable and rationale principles of both ( like the 6th Amendment ensuring  a “fair trial” and the earth is not flat) be acceptable in our US system of Criminal Justice?

Apparently not.

Read on for the disagreeable truth revealed in the media blasts from some big-wig prosecutors.

 

 

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Junk Science Reigns ____ So Much for True Science in the Courtroom

Excellent links to the roiling battle of science deniers in our LEO midst and similar concerns from around the world. I’ve worked cases of junk expert opinions from the US, Australia, Canada, UK, and Norway.

Phil Locke's avatarWrongful Convictions Blog

We had hope, back in 2009, when the National Academy of Sciences report Forensic Science in the United States; A Path Forward was published, that there might finally be some remedy for all the junk science being used to convict innocent people. The report painted a scathing picture of the lack of true science contained in, and the invalidity of, traditional forensic disciplines; the sole exception being DNA. The report did spawn the creation of the Federal Commission on Forensic Science, which has proven, over the last three years, to be a totally toothless tiger, accomplishing essentially nothing.

Now recently, the President’s Council of Advisors on Science and Technology has issued an additional report that is highly condemning of current forensic practices. You can see the PCAST report here:  pcast_forensic_science_report_final

HOWEVER, even in light of this recent report, both the FBI and the Department of Justice have stated they…

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“It’s a Joke.” More on the FBI and DOJ bad attitude on legitimate testing in forensics

Hey, just think. If the FBI and DOJ admitted (again) that they “aren’t perfect”  and “needed to test more” then imagine the change in the rate of appeals their convictions would demand? There wouldn’t be enough lawyers in this country to had the paperwork. The botched assumptions of their hair matching unit took decades to be brought to the surface.

This is from Jordan Smith at “The Intercept.”

FBI AND DOJ VOW TO CONTINUE USING JUNK SCIENCE REJECTED BY WHITE HOUSE REPORT

The DOJ lady, Loretta Lynch, gets an F for popping off with this statement while ignoring the challenges outlined by the White House (and the National Academy).

“The DOJ did not respond to The Intercept’s request for additional information, but based on her statement, it appears Lynch is saying there’s simply nothing to see here and that the criminal justice system is working just fine.”

It’s a joke

Fabricant [The NY Innocence Project director of strategic litigation] said the DOJ’s rejection out-of-hand of the White House report is disheartening. “You would think that they would want to get it right. The idea is not that we’re going to spring open the jailhouse doors and let everybody free. The idea is that scientific evidence ought to be scientific,” he said. “To simply reject the call for more research and to say that Daubert is sufficient is ludicrous, because Daubert is obviously not sufficient,” he continued. “So, the idea that you would point to the courts and to precedent for the idea that forensic evidence is good enough for government work is a joke.”

Read the full article

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Calling out the LEO forensic curmudgeons saying “Overeaching and Junk is OK”

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Much of the forensic evidence used in convictions has been found unreliable. Prosecutors want to use it anyway

Salon has compiled what’s I unkindly have called the LEO mind-set of being “Untouchable” when it comes to the using unsafe courtroom experts in order to gain convictions. Salon calls out all the players in the Criminal Justice prosecution hierarchy and quotes their self-serving, (as in their meme of  “trust us we know what we know when we see it) and in some instances almost raging push-back against scientific common sense expectations from the President’s Council Advisors on Science and Technology.

When confrontation occurs, as is seen in the successful efforts of the Innocence Project Network’s growing list of exonerations (Exoneration | The Marshal Project), the DAs metric is to move on to “other compelling evidence” proclamations (Faulty science to be reviewed in three Arkansas cases).

From Salon:

“Although the research is clear, many in law enforcement seem terrified that keeping pseudoscience out of prosecutions will make them unwinnable. Attorney General Loretta Lynch declined to accept the report’s recommendations on the admissibility of evidence and the FBI accused the advisors of making “broad, unsupported assertions.” But the National District Attorneys Association, which represents roughly 2,5000 top prosecutors nationwide, went the furthest, taking it upon itself to, in its own words, “slam” the report.”

http://www.salon.com/2016/09/23/if-the-evidence-is-unfit-you-must-acquit-prosecutors-are-fighting-to-keep-flawed-forensic-evidence-in-the-courtroom/

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Judges’ College puts together #PCAST forensics and FRE 702 rules 

The National Judicial College

The National JudicialCollege dives deep into explaining how overblown “feature-comparing” experts and actually ANYONE attesting to their “science” can be corralled through using rules within the Federal Rules of Evidence.

I think they must have read from all the ABFO bitemarker cases to have compiled what is contained in this lesson plan for judges.

Taking from transcripts used in actual cases, the Judicial College takes a hard stance against forensic statements such as:

“Statements suggesting or implying greater certainty are not scientifically valid and should not be permitted. In particular, courts should never permit scientifically indefensible claims such as: “zero,” “vanishingly small,” “essentially zero,” “negligible,” “minimal,” or “microscopic” error rates; “100 percent certainty” or proof “to a reasonable degree of scientific certainty;” identification “to the exclusion of all other sources;” or a chance of error so remote as to be a “practical impossibility.” ”

STOP: Read this Before Admitting ANY Forensic Evidence! | The National Judicial College 

 

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Crime lab “Congress” disses #PCAST forensic report

John Lentini on PCAST critic. “Mr. Collins fails to recognize that this “legal activism group” [ The Innocence Projects ] has done more to improve the practice of forensic science than any other organization. He also apparently did not read the long list of forensic scientists consulted by the PCAST, beginning at page 155.”

csidds's avatarFORENSICS and LAW in FOCUS @ CSIDDS | News and Trends

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Here’s another short-sighted defense against advancing some better science in the LEO forensic industry. You can tell these are cops from their immediate use of ad hominem (personal) attacks on the panel members. This is a carbon copy of previous psuedo- “justice” types whine from the @NDAA prosecutors et al.

Click to access 2016_0921_PS_PCAST.pdf

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