Crime lab “Congress” disses #PCAST forensic report

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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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Wrongful Conviction Blog News

Tuesday’s Quick Clicks…

The WCB

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Twitter Comments about “”Awake-up call on the junk science” infestation

Image result for over confidence pictures

This is just a hit-or-miss snapshot of comments and shows diversity to say the least.

Go to………”A wake-up call on the junk forensic science infesting our courtrooms” for the 164 comments at its end. By HTEdwards and JMnookin. 

Some folks show shock and concern. Others expect the pro-prosecutorial over confidence in “police sciences” to continue.

  1. CSI makes prosecutors jobs easier by implying that their techniques are foolproof and unbiased when they are not. Every forensics lab in the US is controlled by police and prosecutors and are set up to provide them the “evidence” they need to convict even if it ‘s based on plausible-sounding junk. Locally the supervisor of the DNA lab at the DC Forensics lab is the girlfriend of the lead prosecutor in DNA cases. The current director has specifically stated in her confirmation testimony that the labs job is to assist police and prosecutors. She never even suggested that accurate results should take precedence over what the needs of the prosecution.
  2. A case in point is the supposed “freeway shooter” in the Phoenix area. After arresting someone, having Governor “Pretty Boy” Ducey say, “We got him”, discovering the guy’s gun was in a pawnshop at the time of the last shooting and trying to make everyone believe that the shooter caused the accident by shooting into a tire several days before the accident happened, Phoenix, the County Attorney, etc., are all named in a huge lawsuit because other forensics experts says the so called shooter’s gun could not have fired any of the recovered bullets.More money to lawyers and to the falsely accused and higher insurance premiums all because of “junk science”.
  3. (responding the #2.) That’s not an example of “junk science”. Rather it is an example of either corruption on the part of the forensics staff, or of incompetence on the part of the forensics staff. The ability to prove that a particular bullet (projectile) came from a particular weapon is well documented, with error rates able to be calculated. If the examination of the projectile is performed in the same manner as the tests that resulted in predicable and accurate results then the scientific process has been followed.
  4. Evidence such as bite marks and latent fingerprints are eminently reliable — they show what they show (approximate tooth patterns and skin-ridge patterns). What appears to cause the authors dismay is the conclusiveness that jurors may attach to such evidence. In fact, the authors indicate that they understand the “problem” behind juror’s conclusions:

That is, the problem is not the evidence itself (some of which, like bite patterns, maynot      be very specific to individuals), but rather in the ability of defense counsel to explain the      significance (or lack thereof) of the evidence to jurors.

5. Continuing the example, the serious shortcoming of a typical bite mark is that it isn’t            very specific (usually). Everybody has about the same number of teeth, in about the              same place. Barring some really unusual tooth arrangements, a bite mark generally              won’t tell you much about who made it. Thus, in a criminal case in which a bite mark is        photographed, the photo should be admissible, but should generally be of relatively             little probative value.

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Pushback to #PCAST demand on forensic error testing

The DOJ, DAs et al sound like the bitemark matchers. They plan a “package” to contest the President’s Sci Council recently released report. As a group, they are blind to wrongful convictions and want an exemption from “outside” calls for more empirical testing. Seems “Justice” has varied interpretations in the CJ industries. Good review on pushback. 

https://www.funkcsi.com/blogs/news/pcast-issues-well-documented-well-researched-report-on-forensic-science-will-this-reports-call-be-heard

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How Bitemark evidence is still operating at the appellate level – The Kunco Case

The “relatively unique teeth” of John Kunco

The “recaptured” evidence used against Kunco.

There still is a long road for prison inmates to overcome what now is considered to be unvalidated “science” presented at their original trials. John Kunco’s case is a standout and is still being litigated by the NY Innocence Project. Some of the bitemark fellows are having problems with their past cases which mimic the IP’s case list of successful conviction reversals and full exonerations involving bitemark opinions. Such as Steven Chaney’s in Texas.

A two article blog post by David Averill about Kunco and the ongoing  bitemark “war” is available here. It contains numerous evidence photos and further case info. The  “excerpts” give you the gist of what some have called “voodoo science” (Wall St Journal, yesterday). Its second section is what the judge said during Kunco’s previous appeal.

Bitemark Evidence in the Kunco Case

[excerpts]

May 15, 2011

by Dr. David Averill

The bitemark evidence in the Kunco case consisted of a photograph showing a bitemark on the shoulder of the victim. The bitemark evidence became case critical when the 40 pieces of physical forensic evidence recovered at the scene, which included hair, blood and fiber did not link to the suspect John Kunco. The authorities then consulted a board certified ABFO forensic dentist five months after the crime.

The consulting forensic dentist explained that a scale in the photograph is necessary for the bitemark comparison process. The forensic dentist recalled hearing about a technique that Dr. Michael West developed using UV photography to penetrate the skin in order to capture bruising that still exists below the skin. He believed that he might be able to “see” the old bitemark now not visible through the use of UV photography. The forensic dentist consulted a colleague and photographed the area on the shoulder with UV light. It is from this photograph 5 months after the bite to the shoulder that the intricate details of the biter’s teeth are described through “skin reading”.

Dr. Sobel’s testimony

I could say that within a reasonable dental certainty, that the bite on the left back shoulder area of Donna Seaman was in fact inflicted by the teeth of John Kunco.

I felt comfortable about this decision because there were no inconsistencies that I could come up with at all and everything fit perfectly.

Now, all teeth in a bite do not always follow exactly the same size relationships, because remember, we’re biting into an elastic surface. It’s the pattern that we’re looking at.

There is no doubt in my mind.

The size relationships, the shape of the teeth … the fractured portions of a tooth, the worn areas, all of these taken together create a fingerprint picture of the individual.

Dental identification next to fingerprints is the most accurate form of identification of an individual.

I then did an acetate overlay in which I traced some of the outlines of these teeth onto the acetate (exhibit 21).

Tooth number 8 tapers upward, there’s a difference in the plane of the surface. Thus there wasn’t any mark visible because it appeared that the head was tilted to the left angle making the bite only a partial bite involving basically the left side of the mouth, upper and lower.

First of all, the plane of the teeth, you can see how this tooth is lower than the others, and any bite would then leave off that particular area. Especially if the head were tilted in this way.

Exhibit 22 – I prepared this overlay to investigate the pattern of the mark. In other words, to see what we could isolate in the way of teeth and uniqueness of individual characteristics and the class characteristics.

I randomly selected approximately 30 sets of models and compared them to the same imprints to see if there were any consistencies that could come up in other individuals easily, although we can duplicate some curvatures of the arch, we could not duplicate all of the individual characteristics.

I felt secure in seeing everything matched perfectly as a group and individually; all the features were consistent.

Dr. David’s testimony

Kunco had a relatively unique set of teeth.

Remarkable consistency between Kunco’s bite pattern and the bite mark on the victims shoulder.

The teeth of the defendant, John Kunco, made the bite mark.

Not only is it consistent, but also it is a remarkable consistency.

There were some inconsistencies in the tracing, which are explained by the dynamics of the bite.

I did not include in the report, an explanation how I did my analysis… its not typically placed in a report.

Court Denies Kunco Relief in “Recaptured Bite Mark” Case
April 22, 2011
By Dr. David Averill

The court has recently denied relief, due to legal technicalities in the 1991 Kunco v. Commonwealth of Pennsylvania case where perhaps one of the most egregious uses of bitemark evidence was used to convict a man to 45-90 years in prison. Radley Balko, a Senior Editor of Reason Magazine first wrote about this case in 2009, which he published on his web site at http://www.theagitator.com/2009/04/24/another-dubious-bite-mark-case-this-time-in-pennsylvania/.

The case involves the brutal rape and torture of a 55-year-old woman. Two ABFO board certified forensic dentists became involved in the case 5 months after the crime. They were hired to analyze a bitemark on the shoulder of the victim. This request came only after more than 40 pieces of forensic evidence collected at the crime scene, which included hair; blood and fiber did not link to the police’s suspect.

The police had photographed the bitemark at the time of the crime but failed to include a scale in the photograph as a reference, which is required to compare the bitemark to a suspect’s dentition. To rectify this situation the ABFO experts resorted to a novel photographic technique that they had learned from Dr. Michael West, which they claimed to show the bitemark, despite the 5 months of healing which had taken place.

The Innocence Project first took this case on in 1993 and appealed on the basis of the novel UV photographic technique the experts used to “recapture” the bitemark 5 months later. The experts learned the technique from former ABFO member and now dis-credited forensic analyst, Dr. Michael West (see previous post). The Innocence Project used Dr. Gregory Golden as the forensic dental photography expert who testified that the UV reflectance photographic technique was unreliable. He was opposed in court by Dr. Robert Barsley who the court felt satisfactorily rebutted Dr. Golden’s testimony since some sort of marks could be seen in the UV reflectance “recaptured photograph” purported to be a bitemark. There was no discussion at the time surrounding the ability of this bitemark without details to be used to identify a specific individual. Historically this was at a time when bitemarks were being used and accepted in the courts across the country with an irrational exuberance. It was only later as DNA that has been recovered from many of these overstated and unsupported opinion bitemark cases that the reliability and validity of bitemarks have come under intense scrutiny and question by the media.

The end result of this bogus bitemark court case was the closing arguments by the prosecutor using the bitemark evidence as the nail in the coffin for the defendant proving his guilt:

[T]here’s no way, no way on this earth, for Mr. Kunco to explain how his tooth marks got on Donna Seaman’s shoulder unless you accept the fact that he’s the one who attacked and brutalized Mrs. Seaman. That’s the only explanation, ladies and gentlemen. That’s why the evidence is better than fingerprints or hair samples … [T]he bite mark on Danna Seaman’s shoulder was as good as a fingerprint. And I submit to you it was that, ladies and gentlemen, for all intents and purposes. Ladies and gentlemen, I’d submit to you that John Kunco should have just signed his name on Donna Seaman’s back, because the bite mark on Donna Seaman’s shoulder belongs to John Kunco.

 

 

 

 

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How “professional” scientific journals become shills for the bottom dollar

 

All unSound Science Deserves
to Be Pun[Publ]ished

PLOS ONE gives researchers a faster path to publishing in a high-quality peer-reviewed journal. All work that reaches rigorous technical and ethical standards is published and freely and immediately available to everyone.

And this is just the tip on an academic iceberg. PLOS ONE has had some of it sheen over the years. Here’s a quick look at some of its high or low critics. 

Here’s one about “question marks.”

http://retractionwatch.com/2016/09/16/when-does-overlap-become-plagiarism-heres-what-plos-one-decided/

the “daisy chain” of plagiaristic tendencies.

http://retractionwatch.com/2016/09/05/a-plagiarism-loop-authors-copied-from-papers-that-had-copied-from-others/

and the zinger: a conference proceedings “faked” 120 papers.

http://retractionwatch.com/2016/09/02/weve-seen-computer-generated-fake-papers-get-published-now-we-have-computer-generated-fake-peer-reviews/

 

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The saga continues at the Ventura County Medical Examiners office

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I would like to commend Dr. Ann Bucholtz (shown above) for her short, but effective tenure as Ventura County’s Medical Examiner. My perspective is as the forensic dentistry consultant for the VCME office for over 30 years. Dr. Bucholtz’s legacy includes improvements in the department’s facilities, the upcoming acquisition of state-of the art Coroner’s vehicles, and new digital imaging equipment for both pathology and dental investigations. The public should know she recognized and then initiated a long needed internal audit of records which will advance local law enforcement as well as Missing and Unidentified Persons information at state and national levels. I wish Dr. Bucholtz the best in her future endeavors.

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National tragedy of unidentifieds languishing in Medical Examiner/Coroners lockers.

Dental information contained in this news release about Unknown human remains. The “Earthly Body” title seems interesting.  Note that the burned body was buried and needed exhumation before this information was published. Apparently the remains were found in 2006. Another very cold unknown person case.

These investigations rank just as high in priority as all the untested rapes kits in police closets and labs around the United States. The USDOJ needs to infuse $$ for the US ME/Coroner’s equally to what the crime lab systems are expending and their backlogs.In some jurisdictions the ME/Coroners are not directly associated with law enforcement funding at all.

Another core problem

Compliance in reporting unknown human remains and reporting missing persons with DNA and dental records is a 3rd tier concern in too many US  jurisdictions. Just ask the families of the missing.

From WVXU  Cincinnati Edition. 

There are approximately 80,000 to 90,000 individuals reported missing to the National Crime Information Centeron any given day in the United States. And there are an estimated 40,000 sets of human remains that cannot be identified through conventional means held in the evidence rooms of medical examiners throughout the country.

Joining us to discuss missing persons and how forensic scientists and researchers identify human remains to help bring closure to families and loved ones are Forensic Anthropologist and Professor of Biology at Mount St. Joseph University,Dr. Elizabeth Murray; and Communications and Management Director for theNational Missing and Unidentified Persons System (NamUs), Todd Matthews.

Mount St. Joseph University is hosting the Tri-State Missing and Unidentified Persons Awareness Day on Saturday, October 15, from 10 a.m. to 3 p.m.

Dr. Elizabeth Murray‘s book, Death: Corpses, Cadavers, and other Grave Matters, explains what happens to the body after death and the role of the medical examiner.

For more information on missing and unidentified persons, visit:

Cincinnati Police Department Missing Persons

UNT Center for Human Identification’s Forensic Services Unit

National Missing and Unidentified Persons System (NamUs)

NamUs Missing Persons Database

NamUs Unclaimed Persons Database

FBI Missing Persons

Related article: Ohio misses opportunity to find the missing and identify unknown human remains. 

 

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US: Plain Jane reveal of changes in forensic confidence terminology, error testing, and use in courts

5 Kinds of Junk Science Prosecutors Have Used to Send People to Prison

This is a simple and informative article. Some forensic folks really don’t like article and titles with “junk,” “shoddy” and “wrongful convictions” being used. To be fair, both bitemarks (25 exonerations ) and hair examiners (not DNA) are real standouts.

At this point in the 9 year look ( The National Academy started in 2007) into forensic courtroom and evidence analysis, much verbiage has shown up in the print media. This recent article sums things up rather nicely as it shows the sources and reasons of forensic criticism of the way it shows up in courtroom expert testimony and what the experts say regarding their findings. You can see that they are all some form of “pattern (i.e. shape) comparisons. Also, all these are “police forensics” which mean they have been around before DNA showed up in the 1980’s. The big question is how police departments and crime labs will comply with all these details. The fingerprint community is always said to be making advances. Don’t forget though, that arson or “fire science” is melding itself into a empirical-based type of analysis thanks to John Lentini and arson researchers. Like myself, John undertook a defense case involving prosecution arson conclusions that were more myth and than fact.  My case was in 1997.

The subjects include:

  1. New rules about how certain or confident the expert “feels” about conclusions. The US DOJ now says there is nothing “scientific” about feelings. Without this long practice statement, analysts have to show empirical testing and error data.
  2. Bitemark matching. (The NAS and President’s Advisors expelled its use as a “science.”
  3. Fingerprints
  4. Shoe tread marks
  5. Hair
  6. Firearms (bullet casings).
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Another defense DNA expert has a bad day. Forgot to update his CV. Only has a Bachelors.

 

Image result for witness box in court

This fellow has an extensive curriculum vitae. His website looks polished. He reports as being a Member of the AAFS and a Fellow of the ABC (Criminalists).

He’s gotten the boot from a New York for a number of reasons. Let’s see what the gist of the judge’s dismissal statement can give us. I just looked. It’s not much from this news report. 

Here’s a summary:

The expert’s name is Arthur W. Young.

“Young, who works for Guardian Forensic Sciences, had proudly told the judge that he’s testified as an expert for both defense and prosecution cases in local, state and federal courts 160 times across the country.”

[The DA] “challenged Young’s credentials by exposing that he does not have a master’s degree, was fired twice, embellished his resume as a forensic biology specialist and was denied expert status in Staten Island in 2013.”

THEN here it comes.

“You said on the Guardian website that you were never denied expert status?” asked Gough.”

“This needs to be updated,” Young admitted after he was shown a screenshot of the web page.”

The gatekeeper speaketh. 

I think we are seeing some varied interpretations regarding what makes a “valid” DNA expert. Here’s another recent DNA case with a defense expert getting tossed.  The judges might need to get organized about their rules for at least the educational minimums. Young’s CV issues not included in this aspect.

Background on legal “”thresholds” for expert wits. Subject matter: Digital imaging. 

One time, according to one attorney,  I was expected to have an advanced degree in order to use Adobe Photoshop. The judge almost bought it. It didn’t matter that the opposing expert used Photoshop as well. It also didn’t matter that he had been a student of mine in the USE of Photoshop. A “user” of a particular computer imaging system was considered knowledgeable yet not necessarily a software “expert” in Swinton. Neither the attorneys nor the judge knew much about it. Unfortunately, I just had to sit there and watch.

Swinton’s findings:

– The computer utilized is accepted in the field as standard, competent and in good working order;
– Qualified operators, proper procedures and reliable software programs were employed;
– The equipment was programmed and operated correctly; and
– The exhibit is properly identified as the output in question.

 

 

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