BIte Mark Matchers now under scrutiny by the Forensic Specialties Accreditation Board

Bite marks doubted
THE FIELD: BITE-MARK COMPARISON Forensic dentist Richard Souviron, during a police workshop, urges caution over bite-mark comparisons: “You’ve got to be real careful with this kind of evidence.” Tribune photos by Alex Garcia.
Tribune photo by Alex Garcia

 

Yes, that is the latest scientific report from the bite mark matchers: …..“You’ve got to be real careful with this kind of evidence.” The teeth belong to serial killer Ted Bundy.

This dental saga continues beyond the expose’ style news and peer reviewed reports (at least 2 decades worth) of their disastrous effects on the lives of innocent men and women wrongful convicted. Go to this classic article,  “Guilty, said Bite expert, Bogus says DNA” by Pulitzer Prize winner Maurice Possley and Steve Mills’ in their 2008 Chicago Tribune series, “Forensics Under the Microscope.”

Recently, more of their past has emerged to new perspectives.

The bite markers’ “attack” on their detractors has been copiously documented and most recently seen in Mississippi from bite mark self-described innovator Michael West’s testimonial Trump-like disparagement of folks. On the record: “He’s a hypocrite. I have his emails,” said West in a MS court. West considers others to be “forensic science provocateurs” denying his glory days as a poly-math forensic marvel. All of us, at one time or another, acting as opposing experts or attorneys in many death penalty cases, have been active in debunking his legacy as the Copernicus of Forensic Science. Go to “Expert witness goes nuts…..”

Here is the latest. The remaining membership of the AAFS approved American Board of Forensic Odontology now have a new hurdle to overcome.

The Forensic Specialties Accreditation Board (FSAB) is coming onto the ABFO radar this October, 2016. The bite markers public personae as “Board Certified Diplomates” under the AAFS umbrella lies 100% on the FSAB’s renewal (every 5 years) of their status.

“The ABFO definitely got a pass  in 2012” (its last certification review) says Dr. David Averill, an ABFO source who contributed to FSAB for over ten years.

An unofficial AAFS source says “the FSAB Executive Committee is handling the bitemark issue next month” (October).

But, since the ABFO passed before, what really are the scientific expectations of this “certifier of the certifiers?” Questions abound.

Is it just another show? I would opine that it is unfortunately possible. From the record of the AAFS,  (over 7000+ members), a cordoned  small bunch of entrenched old-timers have an odd sense of twisted logic in  their “vetting ability” and “protecting the scientific method” history. Alot of it is passive aggressive inaction and in other respects,  is very partisan self-interest. I’ve got statements, transcripts and legal documentation to support it.

Back to our core story.

FSAB was spun-off from the AAFS 18 years ago and claims to be now an  “independent” entity. This is a bit rich, as its committee and membership structure is generously populated by AAFS members and ex-AAFS officers. Not to be ignored is that the next FSAB president was the trumpet-like advocate of bitemark matching and “comparing” methods during the recent series of hearings held by the Texas Forensic Science Commission. The TxFSC convened a top-to-bottom review of the bitemarkers via a legislation-allowed ( from an “anti-junk science bill passed in 2012) complaint filed by the NY Innocence Project on behalf of inmate Steven Chaney’s exoneration litigation. The Commission took the ABFO apart which was reminiscent of the National Academy of Science 2009 take-down of the same group. Texas ran the bell loud and clear in determining the dentists’ courtroom remarks and expectations of reliability again did not pass their scientific method “stress test.” A moratorium was placed as a lid on the dentists in question.

Let’s take a look at the FSAB mission statement as a predicate to their credibility. In part it says:

“This program was established to advance the reliability and validity of forensic evidence in the administration of justice through the accreditation of qualified organizations that credential and certify individual forensic specialists.” Here is their PowerPoint (2012) slide show of their dedication to scientific excellence. 

Those are powerful words.

Will the lid stay in place anywhere else than in Texas? It may be up to the FSAB to tighten down the clamps at the national level. The ongoing and prolonged proceedings of the National Forensic Science Commission do not have the capability to do this.

Here is a decision statement  that the FSAB should consider issuing:

Odonts should suspend operations unless and until it can be determined through plentiful, sound empirical studies what they are capable of doing with a high degree of reliability (and validity) versus what they cannot. And then they can return to business to offer services that are strictly kept within the limits of what has been determined to be reliable and valid. (And, because there is a high risk of individuals venturing outside of those boundaries (aka cheating), there should be frequent, transparent, random review of cases by a committee committed to keeping a firm leash on odonts.) 

Lets hope that history will say that the practice of “being real careful” as a bitemark matcher was de-certified from the forensic pantheon in 2016.

 

 

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Great look at the start of forensic pathology, anthropology and dentistry in the US – 1849

Human remains found in the murder of Dr. George Parkman. Pamphlet exclusive to the N.Y. Daily Globe (1850). (Public domain image via the NIH National Library of Medicine.)

Grisly stories about murder and dismemberment  is not just a recent occurrence. This is an incredibly well-documented case of identification of human remains that reflects what SHOULD be practiced in the US and elsewhere. I’m in the middle of a trunk full of contemporary cases where this was not practiced. From Forbes.

The story starts just before Thanksgiving in 1849, when Dr. George Parkman went missing.  Parkman was from a wealthy Boston family, an old-timey Doogie Howser who entered Harvard at age 15. He went to medical school in Scotland, returning after the War of 1812. Parkman donated some land in Boston to Harvard Medical College so that the school could relocate from Cambridge. He was also well-known for lending money from his considerable fortune and for walking around town to collect on those debts.

Read the full article

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Jay Koehler on Proficiency Testing

Here is the elephant in the board rooms of forensic science. Error rates etc. it’s 23 years since the Daubert “trilogy.” This article names all the players.

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New York court excludes DNA sample produced from STRmix from murder trial

DNA testing by prosecutors is an arbitrary mish-mash of LEO influenced advocates. https://twitter.com/csidds/status/769891070138134528

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See how long it takes to shutdown junk “science.” A century in some cases.

The Washington Post’s ongoing series about forensic experts’ decades of conniving within the state of Mississippi’s death investigation industry should be considered for a collective Pulitzer Prize. For the past ten years, we’ve seen the misuse of such forensic subjects as ballistics, blood pattern, hair, bite marks, forensic pathology, police”sciences” and prosecutorial misconduct. All in public view. What to do? Time will tell. Strangely, in our society, it can take a ridiculously long time.  At the bottom we have other chronic hoaxes to consider. The above pic is from the 1997.

Here’s the latest: Fear and loathing of bitemark expert Michael West

The politics protecting the cabal of oppressors in MS criminal justice  

The players in MS are all connected by a particularly casual nonchalance about putting people to death who are society’s least capable of mounting much of defense against being wrongfully convicted. Plus the players all work for MS state law enforcement agencies which make them bullet-proof from any personal liability.

Then, take a look about what other science “flim-flams” seem to have as a half-life (decay rate).  Even in the relatively benign and non-adversarial ( I won’t mention these) world of physical anthropology. Here’s the “Archive of Hoaxes” for more reading enjoyment. The Piltdown Chicken (above pic) is under the Scientific Category. This is a hoax that bagged The National Geographic Society in 1999.

Study reveals culprit behind Piltdown Man, one of science’s most famous hoaxes

In this case, its only one perp. From 1912. This Forensic Magazine article now says the case is closed (2017-1912=105 years). That’s history for you.

The big-brained, ape-jawed Piltdown Man was hailed as a major missing link in human evolution when he was discovered in a gravel pit outside a small U.K. village in 1912. The find set the pace for evolutionary research for decades and established the United Kingdom as an important site in human evolution. The only problem? Piltdown Man turned out to be one of the most famous frauds in scientific history—a human cranium paired with an orangutan’s jaw and teeth. Now, scientists think they’ve figured out once and for all that a single hoaxer was responsible, not a duplicitous cabal.

Read the full story

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Inside Exoneration litigation in Mississippi – At Times it’s Utter Frustration #ELHoward

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

In 2016, Texas determined that dental bitemark experts should not be admitted in court. What’s now happening in Mississippi (MS) is a classic legal and forensic science example of continuing that agenda.

1993. A bitemark ID was achieved in MS from apparently uniquely manufactured denture teeth (from a removable dental appliance) biting a victim. The bite was “recovered” via an exhumation after her homicidal death.  Cause of death: knife wounds.

1994. Eddie Lee Howard is convicted for rape, arson, and murder. He has been sentenced to death twice. His convictions contain doubtful and clearly fake forensic evidence. Remember the”Making a Murder” similar assertions? Howard’s case is more rock-solid when compared to Avery’s. Google is filled with dozens of links about Howard’s decades-old case.

There are two “characters of interest” then (now ex ) Mississippi’s 16th District DA Forrest Allgood used at Howard’s multiple trials.

Drs. Steven Hayne (he did the victim’s autopsy) and…

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The dregs of forensic “science” living and doing well in Mississippi : Mirrors Donald Trump insults.

Further into the Mississippi Criminal Justice morass. Its “popular” Dem Atty General who runs with his cronies and plays loose with rules to keep the “Yankees” outa his courtrooms in death penalty cases.

https://www.washingtonpost.com/news/the-watch/wp/2016/08/25/mississippi-attorney-general-jim-hood-defends-discredited-forensic-experts-harasses-defense-attorneys-instead/?utm_term=.f2e59c786c0b

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

dregs copy

I can’t add much to this, other than I’ve seen this guy at work for 23 years. Somehow, in 2012, he couldn’t remember my name isn’t Mike “Collins.” He did get it right this May in a Columbus, Mississippi courtroom. His cheesy,  beyond the pale, adjectives about me, the IP’s Chris Fabricant and other “provocateurs” were very Trump-like.

From The Watch by Radley Balko

I’ve been reporting on the crazy death investigation system in Mississippi for about ten years now. Just when I’ve thought things couldn’t get more surreal, I’m inevitably proven wrong. The latest example comes in a deposition last April of the disgraced “bite mark expert” Michael West.

To fully appreciate what happened during and after this deposition, you’d need quite a bit of background. If you have 20 minutes or so, this piece I wrote for Huffington Post a few years ago is pretty thorough. Or try this post

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The dregs of forensic “science” living and doing well in Mississippi : Mirrors Donald Trump insults.

dregs copy

I can’t add much to this, other than I’ve seen this guy at work for 23 years. Somehow, in 2012, he couldn’t remember my name isn’t Mike “Collins.” He did get it right this May in a Columbus, Mississippi courtroom. His cheesy,  beyond the pale, adjectives about me, the IP’s Chris Fabricant and other “provocateurs” were very Trump-like.

From The Watch by Radley Balko

I’ve been reporting on the crazy death investigation system in Mississippi for about ten years now. Just when I’ve thought things couldn’t get more surreal, I’m inevitably proven wrong. The latest example comes in a deposition last April of the disgraced “bite mark expert” Michael West.

To fully appreciate what happened during and after this deposition, you’d need quite a bit of background. If you have 20 minutes or so, this piece I wrote for Huffington Post a few years ago is pretty thorough. Or try this post, or this post here at The Watch.

Read the full article. 

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Bitemark cases have become prime exoneration target as DNA cases nearly exhausted @CA_Innocence

OBFO Button

As the article states, post conviction DNA availability (numbers) have declined significantly. There are hundreds of “historic” bitemark aided convictions since 1975 which are potentially a rich resource of evidence necessary to overturned those decisions.

Lets just say that the US bitemark group from the American Academy of Forensic Sciences could care less about helping dig old cases out of their file cabinets. These dentists at the American Board of Forensic Odontology are indifferent to the Innocence Project’s proofs and others who agree that, since their inception in courts, bitemark opinions have damaged the US justice system and those they have accused to be perpetrators of heinous crime.

“The focus on overturning old-school forensics is part of what Justin Brooks, director of the California Innocence Project, calls the “second wave” in the fight to overturn wrongful convictions.”

“First was the slam-dunk DNA cases; those opened the door to all this other stuff,” Brooks said. “Courts are now open to the conversation and are more willing to grant cases. That just wasn’t true 20 years ago.”

Read full article. 

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Forensics: What recanting bitemark experts tell us.

I haven’t been the only veteran bitemark expert to have debunked the rationale of matching bruises to human front teeth. There are a few others (not the guy in the pic holding the water bottle).

A Brit dentist did in 1974 (DG MacDonald). So did a Vermont dentist in 1971 (DT deVore). I did in 1996. Recently there are five more. All via post conviction recantations of their own original expert testimony from years-old cases. One is kinda weird.

Here, here and here. Here’s a recantation (the weird one) from Mississippi dentist Michael West. His boss, the MS Attorney General Jim Hood, seems to have ignored at recent proceedings for Eddie Lee Howard’s 4th attempt at freedom.

What’s happening now

The debunking of bitemark examiners is not over. Its a state by state process of eradication. Two state legislatures new “anti-junk science” statutes have subsumed bitemark critiques which have accelerated due to the exoneration efforts of the Innocence Project, its Network and independent defense litigators.

Many non dentists form the panoply of the criticism (irrelevant to the true believers saying only one of the own can reflect on the discipline) among whom are dozens of academically competent researchers, forensic experts, and science dedicated lawyers and professors. A massive coalition of this makeup constructed, via ASU Law Professor Michael Saks, a stunning “amicus brief” denunciation of the practice of bitemark “identification.” It is in use and is running through current bitemark reviews in Texas, California and elsewhere.

Unfortunately, I am the only forensic dentist to have been involved. That’s doesn’t mean other dentists were not invited. None volunteered. So, in effect, the bitemarkers are the cause of their own lack of involvement in collegial “scientific” discussion. Add to this mix their current reputation being synonymous with self-promotion and training to unsuspecting dentists with hot air promises.

Respected bitemark researcher Peter Bush (not a dentist) at the U of Buffalo, is included as well in the “amicus.” Peter and his dentist wife Mary Bush have been  key players in establishing the evidentiary reasoning and physical data as to why bitemark IDs are not reliable. Here’s a picture of one of Peter and Mary’s ( the male and female subjects on the slide screen) stalwart detractors beguiling the Texas Forensic Science Commission about biting machines. He derives income from teaching those novice dentists about bitemarks.

The passage of time

All of us have experienced encouragement and support in the beginning of our careers from the bitemark bunch. My areas have been expert reliability, legal thresholds for the acceptance of expert testimony (I’m also a licensed CA attorney)  and the application of digital imaging tools to crime scene photos. The group “hug” from the ABFO dentists for inquiring into aspects of the accepted practices of these dental crime investigators devolved into much scorn and bedevilment. That’s a story better said by WaPo’s columnist Radley Balko. Try his “Attack of the Bite Mark Matchers”

Ironically, between the Bushes and myself, we have accumulated (with contributors) over 35 peer reviewed JFS and FSI articles, multiple book chapters and commerically published book treatises.  The ABFO think-tank of leaders have little prominence (think citation value) in the bitemark literature through their non-research.

Those recanters?

Nothing “bad” has happened to by from the forensic community. Its just another non-event in its long process of total indifference to the existence of hundreds of other bitemark cases in the US criminal justice archives. This is the subject for next Monday’s blog.

 

 

 

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