Thursday’s Quick Clicks…

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LEOs not reporting police shooting/custody deaths still using their DOJ grant money and MRAPS

The disonant (or maybe permissive) Department of Justice federal oversight of local law enforcement agencies seems to rival a tragicomedy versions of “who’s on first?” Or more impolitely, the boondoggle.

The decades-long sharing of military equipment with police ( 1033 program  since 1991) has taken on a newer life of its own via in-depth journalism spearheaded by the Washington Post’s Radley Balko. In terms of effect of all this reported “sharing” has been some police departments returning their MRAP armored vehicles and anti-tank weapons as not being in their wheel house of “community policing.”

What’s similar between the non-compliance of federal law “asking for voluntary”  shooting reports and those also receiving militarized supplies (some is non-lethal) is that in the first case there’s no DOJ de-funding reponse to the non-reporting agencies and in the second, there is no DOJ action discontinuing other gifting.  And at another level, the police community doesn’t globally track what all their cop armories contain. Non-adjacent departments probably don’t know what the other cops’ capabilities are. This is what makes pro-“militarizing” police advocates a bit less than tactical professionals.

Back to the point. New federal law demands punishment for this non-compliance.

The following links mesh in-custody deaths AND police “homicides” with the pertinent federal reporting laws. 2016 police civilian shooting deaths are reported at 681. In a stat counter-point (but not necessarily linked), 2016 police in-line-of-duty deaths are reported here to be 85 (reported as up 78 percent from 2015; in 1973 it was 153) ) or here at 38.

From the Daily Beast: “States Hid Cop Killings from Feds and Violated the Law.”

Table 2-1

From the ABA Journal: “States not reporting deaths in police custody are still getting DOJ funds.”  

Several law enforcement agencies are not reporting deaths in custody to a Justice Department program, despite the risk of losing federal funding. [excerpt below].

“The Death in Custody Reporting Act of 2000 requires that states submit the name, age, race, sex, along with the circumstance of the death for each decedent, theDaily Beast reports. The program relies on voluntary reporting, and it hasn’t accounted for approximately half of law enforcement homicides, the Daily Beast reports.”

 

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Why exoneration litigation counts – Real murderers were left on the streets

Image result for wrongful imprisonment

Michael Hanline having his first hamburger since 1983.

These cases always show how the real perps are left untouched to commit more murders and crime. The reasons for the exons commonly include police misconduct or weak investigations, lying witnesses or worse. Orange County is seeing a maelstrom of police snitches  being exposed as liars and perjurers. Mississippi prosecutors and police put Levon Brooks and Kennedy Brewer in prison while leaving a serial killer on the loose. See “Quack Dentist puts the wrong men on Death Row using flawed ‘bite mark analysis.’

This case is from New York City.

BY INNOCENCE STAFF

Brooklyn District Attorney Ken Thompson was in the news on Wednesday when he cleared all criminal charges against Wayne Martin, a man who had been wrongfully convicted in 2010 of a 2005 double murder and sentenced to life in prison.

According to the New York Times, Martin’s wrongful conviction was the product of someone in law enforcement withholding exculpatory evidence from Martin and his legal team.

Full article

 

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A brilliant cautionary tale on Fingerprints and their Scientific Uncertainty | The AAFS/ABFO dentists should read this | @csidds

From 2 1/2 years ago. It’s still relevant as the 2017 WH #PCAST draft report states so well. Pattern matchers in forensics should pay attention.

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

fingerprintsbitephoto2

Fingerprints and a “bitemark” used to convict Bill Richards in 1997 in California.

The partnerships between the AAFS and police sciences are very strong and professionally intertwined in the US criminal justice system. The organization was originally founded by police crime lab personnel amongst a smattering of lawyers, governmental (state. or local jurisdictions) pathologists and lab technicians. The dentists came later, quite thrilled with being recognized as a distinct member of the crime fighting community. The advent of DNA profiling from incredibly small portions of sweat, blood, saliva, and body fluids came aboard during my mid years as an AAFS member (aka Fellow) about 18 years ago. My motivation to follow the DNA section of the AAFS (aka Criminalistics) proved to be a personal and professional turning point as I had been trained and observant of “renowned” bitemark dentists claiming to be as good as fingerprint examiners (I call this “science”…

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PCAST in the news – The DNA Blog from the New York Legal Aid Soc

Edited by Julie Fry
Written by Celia Givens

PCAST report raises questions about validity of forensic sciences in criminal courts


A new draft report from the President’s Council of Advisors on Science and Technology (PCAST) has caused concerns about the use of modern forensic science techniques in the criminal justice system, stating: “It has become increasingly clear in recent years that lack of rigor in the assessment of the scientific validity of forensic evidence is not just a hypothetical problem but a real and significant weakness in the judicial system.”

The report acknowledged PCAST’s concerns with the lack of agreement in the scientific community in analyzing complex DNA mixtures, noting: “Subjective analysis of complex DNA mixtures, including with the widely-used Combined-Probability-of-Inclusion methods, is not foundationally valid…and objective analysis of complex DNA mixtures with probabilistic genotyping software is promising, but has not yet been sufficiently and appropriately validated and their limitations to be considered reliable for all complex mixtures.”

The PCAST report also addressed the need for empirical standards in pattern-based forensic science methods, such as bite mark analysis, fingerprint matching, firearm/ballistic matching and shoe tread analysis: “In the case of bite-mark evidence, the report is especially critical. ‘PCAST finds that bitemark analysis does not meet the scientific standards for foundational validity, and is far from meeting such standards,’ it reads. ‘To the contrary, available scientific evidence strongly suggests that examiners cannot consistently agree on whether an injury is a human bitemark and cannot identify the source of [a] bitemark with reasonable accuracy.’

Related: Los Angeles Times, NDAA Letter opposing PCAST Forensic Science Report

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Tuesday’s Quick Clicks…

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Clarification and Retraction of CSIDDS use of AAFS logo

Statement:

To Whom It May Concern

In RE: CSIDDS blog post from September 12, 2016

On occasion, I have used AAFS annual convention banners in my blog posts. The reader must not be not be misled or misconstrue or consider that act as that organization endorsing the content and opinions present within my publications. If that misconstruction has occurred, then this statement should clarify this issue. I have no authorization to speak as a representative of the AAFS.

Sidebar:

I have no idea why the Odontology Section of the AAFS has ceased sponsoring its “bitemark breakfast.”

signed:

C. Michael Bowers DDS JD, F-AAFS

 

 

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Old teeth in London reveals how the plague spread in the 17th century

Excavation of Bedlam burial ground plague pit July 2015 (c) Crossrail

British archaeologists, osteologists and other specialists love to dig around in dark, dank places. Fascinating stuff.

Onto the Museum of London Archaeolgy‘s 300 staff who do all the hard work. (MOLA)

MOLA’s own blog about their latest dig. 

Full article on “teeth and the plague” from the Smithsonian Magazine. 

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Regardless of #PCAST, bitemark matchers praise themselves and re-up their “Bitemark Breakfast”

retraction-for-the-aafs-banner

*See note at bottom.

To be expected, although in an ironic twist to the above image, the AAFS affiliated bite mark bunch continues to press on with their agenda. This is in the face of a tsunami of criticism from media reports of wrongful convictions, courts themselves, forensic and legal experts, forensic commissions and governmental reviewers such as the National Academy of Sciences (See: “Strengthening Forensic Sciences in the United States….” (ppg 173-176), the President’s Council of Advisors on Science and Technology and the Texas Forensic Science Commission (See: “Arguments over bite marks get testy…….”).

They are continuing their long tradition of promoting bite mark advocates with awards at the next annual AAFS convention. In 2017 its coming to New Orleans.

A very recent missive from the AAFS News alert always provides announcements of the org’s various multi-disciplinary forensic sections. The Odontology Section in this issue is glowing with praise for a couple of senior AAFS/ABFO forensic dentists who have lived on and through from the glory days of bite marks as a “novel” and compelling impression-matching discipline. That’s just about 41 years since the 1975 MARX decision in California helped to raise them to admissibility acceptance around the United States. What’s still current in all state’s law books are other bite mark cases which helped convict defendants and convinced other jurisdictions to follow their lead. The “Domino effect” for courtroom acceptance.

Here is a strong sign of legal prevarication and systemic inertia. Some of these convictions were dismissed and the defendants exonerated via post-conviction DNA testing and recent junk science legislation. No official change or update has happened.

So, back to the Odontology award section. The awardees have either recently testified in courts (see the Dean case from NYC) or before forensic commissions as proponents in favor of bitemark identifications in its various subjectively “approved by the ABFO” forms.

In addition, a decades long “Tom Krauss Bitemark Breakfast” has been held by the dentists. It has hosted some remarkable people generally outside the small group of dentists, but under an onslaught of narrow thinking,  now has devolved to something different. The late Dr. Krauss was the co-developer of the innovative, much used and now much copied “ABFO No.2 Scale.” CSIs love it.

He was an honorable man and led more that one review group of bitemark convictions all the way back to the 1970’s. One in particular was Milone. He even was actively investigating MS bite mark guru to himself Michael West (See: “Radley Balko on the Fabricated Bite Mark Evidence of Michael West”). 

As a denouement to past greatness, here is one of the breakfast’s more recent notable speakers.  Melissa Mourges is  a senior deputy District Attorney for Manhattan. She fought for bitemarks in  a particularly offensive way  less than 3 years ago, but later lost due to her own office overruling its use. Possibly the removal was called by public complaints to her boss and the NY Bar Association. See “In an angry, defensive memo, Manhattan DA’s office withdraws bite mark evidence.”

Here’s the latest from AAFS Odontology: It is from the current ABFO president who is also the Sec’try of the AAFS section.

“Please remember that this will be the first year the Odontology Section will not host the Thomas Krauss Memorial Bitemark Breakfast; instead, the bitemark portion of the scientific session will be named in his honor.  You have the ability to be part of this history by attending its inaugural. I am very proud to announce that the Awards Committee for the Odontology Section met, discussed, debated, and have settled on two well-deserving recipients.Frank D. Wright has been chosen to receive the Reidar F. Sognnaes Award of Excellence in Forensic Odontology.  This award recognizes the achievement of an individual in the field of forensic odontology.  The recipient must be a member of the Odontology Section and must have made a significant contribution to the field of forensic odontology.  The award specifically relates to excellence in forensic odontology, not to what the individual does outside of the field of forensic odontology. Thomas J. David has been chosen to receive the Lester Luntz Odontology Award.  This award is based on excellence as it relates to forensic odontology, along with involvement in and contributions to the American Academy of Forensic Sciences Odontology Section. Please join me in congratulating both of these well-deserving individuals.  We as an organization are better off due to their hard work over the past four decades.”

At this point, I have no idea what new or aspiring dentists who are interested in pursuing forensic training have been told about any of this. Its apparent that the ABFO is continuing its training programs co-incident with the AAFS meeting in New Orleans. **

“The American Board of Forensic Odontology will be hosting two workshops this year, the Expert Witness Workshop and the Age Estimation Workshop, both of which will be held on Sunday, February 12.  While there are no longer any participation spots available, there are a small number of observer spots available. “

There is no AAFS oversight into what these professed educators will provide as to the content of their “Expert Witness Workshop.” The alternative course content the following year will assuredly be all about Bitemark Analysis.

Possibly the upcoming Forensic Specialties Accreditation Board’s review of the ABFO’s pending five-year “recert” will provide some redirection to their public an courtroom activities.

Sidebar: One ABFO member has responded so far.

“I don’t think I will be attending the awards ceremony.

  • *   AAFS 2017 Convention banner retracted 9/13/2016
  • ** AAFS 2017 Convention website link added 9/13/16

 

 

Posted in AAFS, ABFO, Bite Marks, costs of wrongful convictions, criminal justice reform, junk forensic science | Tagged , , , , , | Leave a comment

Friday’s Quick Clicks…

Bad DAs in the OC, executing innocent people, untested rape kits, first exoneration for MIP, bad Brooklyn DA’s culture leads to group filing for 22 conviction dismissals.

Liza Dietrich's avatarWrongful Convictions Blog

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