“You have no balls” says a noted bite mark dentist – More about this and the #PCAST report on forensics

Bill-Richards-web

Bill Richards, who spent nearly 23 years in prison based on dubious bite-mark evidence, was released in June.

Photo: Courtesy of Michael Semanchik, California Innocence Project.

The inimitable and award winning Jordan Smith at The Intercept once again lays the hammer on the prime example of unvalidated science cloaked as “crime fighting” expertise in the modern era. She has written previously about Bill Richards’ (picture above) 23 year long battle towards innocence here, here, and most recently “Its Absolutely Stupid a Fifth Trial Planned in bite-mark Murder Case.” 

The Intercept from this Wednesday. 

“In the case of bite-mark evidence, the report is especially critical. “PCAST (The President’s Council on Science and Technology) finds that bitemark analysis does not meet the scientific standards for foundational validity, and is far from meeting such standards,…….”

The White House report concludes that bite-mark analysis is junk science. Here is The Interecept’s article.  by @ 

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It’s all about the White House and its scientific (but thank goodness not forensic) panel who delved through the mountain of mis-information and damage caused by a small host of forensic dentists since 1975. This WH commission has be on this subject for years.

What’s really good is that Jordan has met and heard all of the heavy hitters of bitemarks. Her writing reflects first hand knowledge to how unrealistic their posturing has become in the quiet halls of the American Academy of Forensic Sciences and not so quiet hearing rooms of the Texas Forensic Science Commission. At various professional meetings, I at first insisted she and I had to meet surreptitiously so she wouldn’t be “tainted” by my presence. We met in a parking structure in Orlando next to the AAFS hotel. At first she thought it an odd meeting place. Soon, it became a running joke for both of us.

The bitemark bunch soon found us out by other means ( at some point we had breakfast together) and then cancelled interviews she had scheduled with them and avoided her from the corners of the various AAFS meetings, hallways and wine/cheese “mixers.” The refusal to have press interviews goes back to 2013 when they cancelled out on the Associated Press at the Washington DC AAFS meeting. Soon thereafter, the AP came out with AP IMPACT: Bites derided as unreliable in court. 

Image result for richard souviron bundy

“You have no balls” says a forensic dentist. 

This February in Las Vegas, Jordan and her Intercept colleague Liliana Segura (@lilianasegura) had a hallway “fly-by” meet with Dick Sourviron (picture above), the noted Ted Bundy bitemark innovator who seems to dislike journalists a bit since his Bundy bitemark halcyon days of positive press over Bundy’s teeth marks in 1978. He was all pleasant until I introduced these ladies as media professionals. Lacking some ability to be polite, Dick just sauntered away.

This pales in the light of an ABFOer’s (a past president of the bitemark group) hilarious “you have no balls” 2015 thundering public statement at a Orlando FLA dentistry meeting to the then AAFS president. The dentist later apologized. This occurred soon after my continuing AAFS membership, jeopardized by a contrived formal complaint protest from the American Boarders of Forensic Odontology, was reconfirmed at the Academy’s  Board of Director level. Back in 2013, one of the dentists mentioned in the AP article noted above called me a “murderer of bitemarks.”

Some of these bitemark  dentists just seem stressed out or worse. Read Radley Balko’s lastest on another dentist of considerable fame. That would be Michael West from Mississippi.

“Expert witness (West) goes nuts during questioning……” here. And  here is what West’s protector, MS attorney General Jim Hood, has to say about criminal defense attorneys. This May, there were significantly worse words said in the Columbus MS court hallway.  

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Ohio ( and most other states ) misses opportunity to find the missing – Forensic Dentistry –

Image result for human skull x ray

Ohio and other states are not providing everything they can to help families track missing loved ones, according to experts. Full article from Ohio. 

Despite the creation of a national database nearly a decade ago to assist in identifications, few states require their law enforcement and coroners use it. Currently, 14 percent of the estimated 85,000 missing persons and 33 percent of an estimated 40,000 unidentified remains across the country are included.

And of those cases that are entered, most are missing a key detail that can lead to an identification or exclusion in as little as one day. In Ohio, that detail – dental records – isn’t shared by the state’s crime lab in the name of privacy, which leads to delays or potential matches being overlooked, according to Todd Matthews, director of case management and communications for the National Missing and Unidentified Persons System (NamUs).

“If I had a loved one missing, I would certainly want every piece of available data in the system … Much of the success of NamUs is allowing the criminal justice community to proactively search, compare and exclude in a process of elimination. Ohio cases simply will not share that benefit without those records,” Matthews said.

Name us

NamUs’ founding is rooted in a 2005 summit on the “silent mass disaster” of unidentified remains across the country. A key need identified was a national searchable repository of case information for both the missing and unidentified remains.

In 2009, an upgrade to the fledgling system made it capable of automatically cross-searching for potential matches it presents as side-by-side comparisons for law enforcement, coroners and NamUs’ forensic staff.

The database also is open to the general public with certain information, such as fingerprint and dental records, withheld.

As of the end of August, NamUs has aided in the identification of 788 unidentified remains cases across the nation. Currently, there are more than 11,000 cases in the database.

“If these records are uploaded into NamUs, the missing can be searched by allied professionals in every state of the union. The cost is nothing (to the local agency),” Matthews said.

However, few states require cases be uploaded into NamUs.

Chillicothe police Capt. Larry Bamfield was unaware of NamUs until 2014 when Charlotte Trego disappeared. Trego was the first of a series of women in Chillicothe reported missing in 2014 and 2015 and remains missing along with Wanda Lemons. Four other women have been found dead.

Bamfield entered both Trego and Lemons’ cases into NamUs within months of their disappearances. While the National Crime Information Center and a similar state system are helpful if someone missing is contacted alive by law enforcement, it’s not as effective if the person is dead, Bamfield said.

“If they find a body and they’re looking for someone forensically, this (NamUs) is what they look at,” Bamfield said.

Missing Ohio

In Ohio, case information on unidentified remains are required to be submitted to the state crime lab, which is overseen by the Attorney General’s Office. Although the lab isn’t required to submit them to NamUs, it does, but it does not submit missing person cases – roughly 1,200 on any given day – kept in its own public database. About a quarter of those are in NamUs, submitted by local law enforcement and families.

“The reason we don’t put all missing persons cases into NamUs is because the vast majority of missing persons are found within 48 hours,” said spokeswoman Jill Del Greco.

The office also withholds dental and fingerprint records related to those cases, a point of frustration for Matthews.

“It’s like trying to put together a puzzle without all of the pieces,” Matthews said.

While the identification capabilities of DNA gets a lot of focus, comparisons are more expensive and take months to do. If there are dental records, especially already within the database, a comparison can be done the same day and typically are the first cases checked for comparisons by NamUs staff.

Of the current missing person cases in NamUs, roughly two-thirds nationally and in Ohio don’t have dental records uploaded. The unidentified remains cases fair better, with 54 percent having dental records entered nationally and 64 percent in Ohio.

Missing dental records sometimes occurs because none can be found or teeth are incomplete in the case of the unidentified. However, Ohio’s decision to hold back dental records is rooted in privacy, Del Greco said, because NamUs can’t guarantee the records won’t be shared with non-law enforcement.

Power of teeth

The privacy argument is one Dr. Adam Freeman, president of the American Board of Forensic Odontology, has heard before and considers “a little ridiculous.”

“It’s the equivalent, to me, of saying we’re not going to use email … The public benefit of making them available to law enforcement outweighs the risk of someone seeing your X-rays,” Freeman said.

Local law enforcement in Ohio, according to Matthews, have submitted dental records to NamUs, but getting them becomes an issue when those records have been sent to the state crime lab. Up until about four years ago, Matthews said the state lab had shared dental records, but Del Greco said that was done in error.

That process creates a delay and “sort of defeats the purpose of the system,” Matthews said. Also, Freeman – who has been a forensic odontologist for 14 years – contends coding isn’t as useful as the Attorney General’s Office makes it seem.

Although coding can help narrow a search, thousands of people could still have the same general dental information, said Freeman. It can’t be used alone for positive identification and rarely can be the sole source to exclude someone.

As a result, when code brings up possible matches in the system, they are more likely to not be compared without a request from an agency when those X-rays aren’t in the system.

Del Greco said they meet with NamUs periodically, most recently in April, but officials were unable to guarantee records would not be shared with those “outside the realm of what Ohio law allows.” Neither Freeman nor Matthews are aware of any instance where NamUs information was inappropriately accessed.

“I can’t imagine my dental records would cause any embarrassment or harm,” Matthews said. “When someone is missing, there needs to be compromises.”

jison@Gannett.com

Twitter: @JonaIson

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Tuesday’s Quick Clicks…

The inconsistent process the innocent endure in obtaining their freedom. Some succeed, some do not. Deeper studies into contributing factors leading to exoneration or continued incarceration needs alot more public attention.

Liza Dietrich's avatarWrongful Convictions Blog

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Forensics: How a criminal defense expert got some bad news from a judge – “Not qualified”

Image result for amateur scientist

Nothing but warning signals come out in this news article about a self-styled yet prior qualified (in other cases) DNA expert running into some trouble. The record states he admitted having no direct experience in using actual DNA profiling lab equipment. I’m sure he’s been around this bend before. Also, this is not an unusual objection used to disqualify a courtroom expert. Every judge has his/her own threshold for admitting experts as the Rules are rather thin. In Mississippi its real easy to be a poly-math expert who is “self-taught” in certain police “sciences.” Just look at Michael West, the state’s star bitemark/blood spatter/ballistics/knife wound/gay and lesbian expert go to guy.

The report says the expert admitted a few failures in his past.

“Richard Eikelenboom was rejected as a DNA expert by Denver District Court Judge Brian Whitney after a Denver prosecutor got Eikelenboom to admit that he had no direct DNA extraction or analysis experience, that he operates a lab that has not been accredited, that he personally failed his basic proficiency tests in 2011 and 2012, and admitted that he was ‘self-trained’ in running DNA profiles,” the news release states.

From the Denver Post

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Infamous bite-mark “expert” Michael West complains about not being paid at a deposition and calls Innocence Project director a “sociopath”

The unfortunately speakable Dr. Michael West takes the stage. His protector, Attorney General Jim Hood and the MS Supremes still need him to bolster this death penalty vs forensic science reform case of Eddie Lee Howard. The MS Innocence project is also fighting West’s “truth” with exculpatory (not according to Hood) post conviction DNA.

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Forensic Science reform gets a knee jerk backlash from the District Attorneys – #PCAST

voteramos1

National District Attorneys Association slams President’s Council of Advisors on Science and Technology report

Note that the NDAA (national DA association) president is none other than San Bernardino’s pro death penalty DA Michael Ramos (@michaelramos). I’m not surprised at this inarticulate, unreferenced and roiling objection to the White House forensic science “predecisional” report just informally released to the Internet. Ramos is also running for California Attorney General for 2018. He’s getting a head start for sure.

Check out Ramos doing his thing (I’m sure a staffer wrote the whole news release). My comments are in italics; “quotes is the NDAA:

Boilerplate #1. Old rhetoric from 2009 NAS Forensic Science backlash. He’s claiming a special “knowledge exception” to any oversight. See #3 below for a revisit on this “logic.”

“It is unfortunate that members of PCAST, none of whom are forensic practitioners who have been trained or tested for competence in the forensic disciplines, ignored vast bodies of research, validation studies, and scientific literature authored by true subject matter experts,” said NDAA President Mike Ramos.

Boilerplate #2 This wouldn’t pass a junior high school English Comp mid-term for exposition. No substance to his conclusions. D-. 

“However, the opinions expressed by PCAST in their report clearly and obviously disregard large bodies of scientific evidence to the contrary and rely, at times, on unreliable and discredited research.”

Boilerplate #3 (this is simple-minded). The NDAA is lecturing on judge “gatekeepers” being the final arbiter about “what is science.” Typical legalese rebut by a bunch of lawyers. Certainly shows how the history of forensic science is (by some) excused from normal scientific methods expected by other public health and public safety institutions  (FDA, DEA (sometimes), NIH,  etc). 

“Critically, because of our system of justice, in each instance that such evidence is used, the process of presenting and cross examining the forensic evidence is overseen by objectively neutral judges whose role is to fairly supervise the introduction of evidence into trials and to act as “gatekeepers” to determine the reliability and admissibility of forensic evidence on a case-by-case basis.”

Full news release

 

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Death knell for bitemark analysis expected from White House review – Forensics – #PCAST

trouble with teeth copy

An unofficial and possibly “leaked” unpublished draft from the White House Science and Technology Council (#PCAST) has arrived via the Internet. It is a new and comprehensive forensics review by a PCAST Working Group and tells a tale about the ABFO’s bitemark bunch.  Their conclusions are clearly expressed. The draft has yet to be approved by the entire Council. Their rationale is based on:

“Few empirical studies have been undertaken to study the ability of examiners to accurately identify the source of a bitemark. Of these, several employ inappropriate designs that are likely to overestimate accuracy. The observe false positive rates were so high that the method is clearly scientifically unreliable at present.”

Finding 4:

PCAST Finding- copy

They also make short shrift of ABFO representatives who testified before the Council during various hearings. Notable in the quick denier back-lash to PCAST is that they locked out forensic practitioners from participating. Pure bunk.

The Path Forward

PCAST Path copy

The take-away is “keep these dentists out of the courtroom.” This is strikingly similar to the NAS 2009 “Strengthening the Forensic Sciences: A Path Forward” equally critical findings on this AAFS recognized group of forensic dentists.

Now, maybe the FSAB certifiers of the ABFO will apply their minds to eradicate this decades long travesty of forensic non”science” being used to convict the innocent. I also suggest that reparations are in order as well.

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Look into why #Prop66 is a load of prosecutorial crap – False confessions by kids after interrogations

voteramos1

San Bernardino District Attorney @MichaelRamos stumps for California Prop 66.

“One analysis of 44 proven false-confession cases revealed that more than a third of the interrogations lasted six to 12 hours, many lasted between 12 and 24 hours, and the average length was more than 16 hours.”

“It happens especially in cases when the suspect is young and vulnerable. An analysis of 125 proven false confes­sions found that 33% of the suspects were juveniles at the time of arrest, and at least 43% were either mentally disabled or ill. Another study of 340 exonerations found that 13% of adults falsely confessed compared to 42% of juveniles.”

“Innocent? Don’t talk to the police.”

Read full story from the LA Times.

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What’s on the Net – The WhiteHouse Science Council on forensics – bites, firearms, shoes, tires, DNA

President Obama meets with PCAST

The usual complaints about the WH “non-forensic” reviewers (from the likes of The Fraternal Order of Police)  are reminiscent of responses to the 2009 National Academy of Science report on “Strengthening Forensic Science.” Yesterday’s announcement from the White House Science Council ” (AKA PCAST) urged  federal prosecutors not to admit into courts these heavily used and police developed (except for DNA) matching methods.

One more group very involved in the prosecutorial use of these methods is the US Department of Justice. There will be a battle-royal going on soon at  PCAST. The DOJ is the big hitter in the US’s prosecution and its aligned National Institute of Justice forensic training groups and forensic funding.

One telling motivator for the WH is wrongful convictions.

“It has become apparent, over the past decade, that faulty forensic feature comparison has led to numerous miscarriages of justice,” according to the draft report  dated September 2016. “It has also been revealed that the problems are not due simply to poor performance by a few practitioners, but rather to the fact that the reliability of many forensic feature-comparison methods has never been meaningfully evaluated.”

Here’s a look at  the WH group thinkers who reviewed various forensic tasks. PCAST will, “in a few weeks,” report in order to  dramatically advance forensic improvements.

“PCAST consists of 20 of the nation’s leading scientists and engineers, appointed by the President to provide direct advice to him and the White House on important matters of science and technology. PCAST has recently begun to explore how best to ensure the quality of forensic science, based on reliable scientific principles and methods, within the criminal justice system. PCAST members are interested in hearing from the broad stakeholder community on each of the questions listed below in an effort to better understand the landscape of this topic.”

Here’s some web links and comments on what’s going on.

White House panel expected to issue report critical of some forensic evidence in criminal cases. LA Times.

Group sees lack of science behind much of bite-mark, hair, footwear, firearm and footwear analysis.  Wall St. Journal. 

And here is a discussion thread from some significant forensic and legal people on the PCAST announcement.

  1. Tire treads!!! But what about My Cousin Vinnie?  (Great movie.)Seriously, I think this will be a big deal, especially the multiple source DNA and maybe the firearm tool mark (though I don’t know enough to know how often that is used, or even quite exactly what it means.)
  2. DNA mixtures are the norm.  I can guarantee that this will create an enormous effect because, if enacted, will disallow most DNA evidence.  While I am overall happy that this difficult area will receive more scrutiny, there is a danger that some fairly simple mixtures (e.g. vaginal swabs with victim + suspect) may be caught in the trap..
  3. If this is actually happening, it is huge.  And long overdue.  And Allan, I doubt they’ll include simple mixtures — my guess is that it will be about multi-person mixtures where the template is such that it’s essentially low copy.
  4. That’s a difficult line to draw.
  5. The whole thing is sort of weird.  Even the terminology is weird (first time I ever saw the term “expended bullet casings.”   And of course, it is much too global and not sufficiently task specific.  I can accept this in regard to bite mark, but I can give you plenty of examples of very persuasive and well-warranted assignment of expended shell casings to particular weapons, especially those that have gone through semi-automatic pistols and have the whole collection of marks generated by that process (firing pin, extractor, ejector, etc).  This would throw out such assignment of source even when a particular firing pin was so worn or misshapen that the likelihood of another source, while not mathematically characterizable, was vitually nil.  And we must remember that such information can be exculpatory as well as inculpatory. While circumspection is called for, and more research needed, firearms examiners have done pretty well in black box tests, I believe.  And they have categorically distinguished, apparently, between shell casings and bullet striations (which were not covered), which seems unwarranted to me.
  6. If complex DNA mixes not allowed but software loved by DAs, what then? See Allegheny County: DAs send out samples for own analysis. Better?
  7. I think many forensics have deep science basis, just not been explicated. Not allowed by cops; no funding; no remorse: What did you expect?
  8. Listening to the PCAST meeting. IMHO, forensics did it to themselves but couldn’t help it because police ran things. We weren’t real science.
  9. And why recommend more research $ to FBI: Aren’t they the source of most forensic failures? Bullet lead, hairs, mixtures, 0% error…
  10. Hooray for Science!
    Hooray for an administration that believes in science!
  11. [We have] written a lot about the lack of science in firearm/toolmark practice.  See the attached as examples [omitted].  In Israel shoeprint examiners cannot claim they are a scientist but rather they are practitioners.  Plumbers and hair stylists are also practitioners and if they are successful they typically know their trade.  They are all very useful to society.  So if tool mark examiners say that they are working on making their field a science, there is no problem.  They should work with relevant mainstream sciences:  physics, metallurgy, statistics, and human factor experts for example. If they take such a path then in 20 years or so the successor to pcast may say they are a science.  In the interim, it can be suggested to them that they take the Israeli route and call themselves forensic practitioners and not forensic or any other kind of a scientist.

 

 

 

 

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Good grief – Belgium forensic evidence lab blown up – Cops say “criminals not terrorists”

Arson in Brussels

Belgium’s national forensics lab was set on fire early Monday, causing an explosion in the wing of the building where the evidence labs are located.

Read full story from the Belgian news media. 

Read full story from The Atlantic

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