When crime labs go rogue. Safety suffers. Honesty seems more doubtful.

Max Houck
‏@maxmhouck
@csidds The more I read about the NY Lab issue, the more questions I have. With lawsuit, probably won’t see the documents for some time.

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

houck copy

Max Houck (@maxmhouck) used to run the Washington DC Forensic Science facility which then boasted as being “independent” a la Houston’s Forensic Science Center. Above is his Twitter response to and post about police managers refusing an open and transparent scientific disclosure of their methods and results. During Houck’s tenure at the DFS , access to forensic results and methods was non-confrontational (e;g; not limited to prosecutors). Since then, after his having been dismissed/resigned, the doors have been shut tight by the DC mayor and District Attorney’s new appointee, an ex-FBI lab manager. This raises barriers to fair justice as this type of forensic lab “protectionism” is akin to police body-camera non-disclosures or deletions.  Most recent examples in Chicago and North Carolina.

This is not merely a theory. It is a common forensic occurrence.

If you are are not transparent, then it isn’t science that you are practicing. It…

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When crime labs go rogue. Safety suffers. Honesty seems more doubtful.

houck copy

Max Houck (@maxmhouck) used to run the Washington DC Forensic Science facility which then boasted as being “independent” a la Houston’s Forensic Science Center. Above is his Twitter response to and post about police managers refusing an open and transparent scientific disclosure of their methods and results. During Houck’s tenure at the DFS , access to forensic results and methods was non-confrontational (e;g; not limited to prosecutors). Since then, after his having been dismissed/resigned, the doors have been shut tight by the DC mayor and District Attorney’s new appointee, an ex-FBI lab manager. This raises barriers to fair justice as this type of forensic lab “protectionism” is akin to police body-camera non-disclosures or deletions.  Most recent examples in Chicago and North Carolina.

This is not merely a theory. It is a common forensic occurrence.

If you are are not transparent, then it isn’t science that you are practicing. It is an ultra- simple concept but it roils against what is spun at national forensic science meetings. Science demands both testing AND reproducibility testing results. This has to occur In real time when actual cases are in progress. Not years after a conviction. Non disclosure blocks these principles and is dishonest. Science without any real accountability for errors and omissions isn’t “real” science. Science isn’t perfect, but it at least has mechanisms in place that thwart the worst of the worst. My opine is that crime lab certifications aren’t predictive of consistently reliable crime lab forensic practices either. At best they are snap shots of testing compliance and are too closely aligned with the public rancor over “self policing” seen in the law enforcement community.

In another context, these stories keep getting worse and worse. Media scrutiny is at high alert because of wrongful conviction litigation, debunked forensic examiners and their methods. All speak poorly of law enforcement led “science-based” crime lab management. This behavior sadly parallels  police-unions’ defensive agendas which include denials, retribution, threats and mis-information.

More of the same from New York state.

ALBANY — Hundreds of crimes are going unsolved, and some innocent people may have been wrongly convicted, because the State Police refused to implement a new computer software program that has transformed DNA analysis, according to a former longtime director at the State Police crime laboratory.

Barry Duceman, who abruptly retired in 2014 after working 26 years as the director of biological science at the State Police Forensic Investigation Center, said in a recent series of interviews that key State Police officials, including the lab’s new director, worked to scuttle the agency’s use of the program, TrueAllele, and may have used a cheating scandal that implicated 15 scientists as an excuse to kill the project. TimesUnion.

One of the fallouts is that the state’s top DNA lab has a backlog of about 1,400 cases, up from more than 800 less than two years ago. The time it’s taking to process evidence in criminal cases has also doubled to more than 30 days, according to people briefed on the lab’s caseload reports.

A State Police spokesman last week declined to respond to Duceman’s comments, citing an unrelated federal civil rights lawsuit filed by three scientists who claim they were wrongly targeted for termination two years ago when the agency accused them of cheating on training exams. The agency also declined to provide information about the lab’s caseload.

Ray A. Wickenheiser, director of the State Police crime laboratories since 2013, acknowledged last year in a deposition that several people within the State Police, including Steve Hogan, a deputy general counsel, and Julie Pizziketti, an assistant director in the DNA lab, “had significant concerns” about using TrueAllele. Wickenheiser declined a request to be interviewed for this story. TimesUnion.

Here’s the backstory.

Ex NY crime lab scientists sue claiming retribution. 

 

 

Posted in criminal justice, criminal justice reform, CSI, DNA mixtures | Tagged , , , , , | 1 Comment

False forensic testing adds to growing mistrust of cops, their labs and prosecutors

A couple of telling articles call again for the public to understand how the relationship between cops , their crime labs and prosecutors lead to false convictions via intimidating suspects into pleading guilty via misused field testing kits.

Barry Scheck talking………

“……..innocent people pleading guilty in drug possession cases across the country based on false positive presumptive field tests reveals such miscarriages of justice are far more common — tens of thousands of cases — than even the most cynical suspected.”

Read more

A shocking reminder on how reliant prosecutors are reliant on plea deals. 95% of their convictions never go to trials. Added motivators to “plea out” are  prosecutors’ consistent use of “over-charging” for those indicted of crimes. Read The Marshall Project‘s “The Gatekeepers.”

The forensic crime lab connection.

“Want to know just how much our criminal justice system relies on plea-bargaining and how rarely prosecutions result in the kinds of jury trials we see on TV? Look no further than the story of Annie Dookhan, the disgraced Boston-area drug laboratory chemist whose egregious corner-cutting over a decade of work may have compromised more than 24,000 convictions in Massachusetts”

Read more

As an add on to these topics are two US Congressional bills going towards a federal commission on forensic standards and “best practices” standards. Peter Neufeld has this to say about HR 5795 and S 325. How this would affect state based crime lab practices and testimony is a conundrum to say the least.

“We applaud Senator Blumenthal and Congresswoman Johnson for taking the lead in ensuring that the forensic tools used by law enforcement across the nation are based on the best possible science and are guided by meaningful and consistent standards.  Providing law enforcement with scientifically backed forensic tools that aid in accurately identifying the real assailants is the best way to protect everyone’s safety while also insuring that innocent people are not wrongly accused and convicted of crimes they didn’t commit.  We look forward to working with Members of both chambers to pass this critical legislation.”

 

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Forensic Standards bill could “transform” forensic science and get rid of bitemark IDs

fixing

A new bill introduced last week in the US Congress could put some “teeth” into creating and then enforcing federal standards for the practice of 11 forensic disciplines either criticized or debunked (aka bitemark pattern testimony) by the 2009 National Academy of Science’s extensive review.

It is significant that the Innocence Project (IP) has been central  in getting this proposed legislation on track for consideration. Notably absent is any comment from the American Academy of Forensic Sciences to this action. The IP has been proactive within this largest forensic organization on numerous forensic science reform issues. This, year Sally Yates, Deputy US Attorney General  (the boss of the NIJ which is a huge finding source for US forensics), gave a cheerleading presentation informing the AAFS that change is coming to the largely law enforcement employed AAFS membership.

This proposed bill puts much of what is done in US forensics within federal control.  At what cost, remains to be seen. A similar but unsuccessful 2014 bill asked for $101M over 5 years.

Interesting. Lets hope the  bitemark zealots don’t get on the review panel as they have in the last two government review attempts by NIST and the National Commission on Forensic Science.

From Forensic Magazine: 

A federal office to set forensic science standards could be created, as part of legislation introduced in Congress last Friday.

The bills seek to “establish standards and protocols across forensic disciplines,” according to the short summaries.

The legislation comes amid other review of forensic standards that have been used at crime scenes and in courtrooms for decades – and amid growing doubts concerning some disciplines, such as hair follicle analysis and bite marks.

The bills are not yet available online. The drafts (S 3259 and HR 5795) are sponsored by Sen. Richard Blumenthal (D-Conn.) and Rep. Eddie Bernice Johnson (D-TX, 30th Dist.). The pieces of legislation have already been referred to committees.

The establishment of such an office was welcomed by the Innocence Project, which has used evolving DNA methods to overturn 342 wrongful convictions.

“We look forward to working with members of both chambers to pass this critical legislation,” said Peter Neufeld, co-director of the Innocence Project, in a statement. “Providing law enforcement with scientifically-backed forensic tools that aid in accurately identifying the real assailants is the best way to protect everyone’s safety while also insuring that innocent people are not wrongly accused and convicted of crimes they didn’t commit.”

The American Academy of Forensic Sciences did not return a request for comment on the legislation.

A previous bill that would have established an entity called the National Forensic Science Coordinating Office was recommended by the Senate’s Commerce, Science and Transportation Committee in 2014. However, the legislation was not passed. Estimates for the implementation of the office ran to $101 million for the first five years of transition.

READ MORE: National Review of Forensics Underway, Could be ‘Transformational’

Currently, a “transformational” review of national forensic practices is already underway at the American Association for the Advancement of Science.

Ten disciplines are being put under the AAAS microscope. First up is ballistics and tool markers, latent fingerprints and arson investigations. Those are already underway. The next seven are: bloodstain pattern analysis, digital evidence, footwear and tire tracks, bitemark analysis (bold added), fiber trace evidence, hair trace evidence, and trace evidence of paint and other coatings, according to the AAAS.

The review was prompted by the National Academy of Sciences scathing report released in 2009 entitled, “Strengthening Forensic Science in the United States: A Path Forward.”

Sarah Chu, a senior forensic policy advocate at the Innocence Project, said the two new bills would continue the progress made at the federal level.

“This legislation allows Congress to formally authorize the substantial work the federal government has undertaken – and would assure the work is continued and funded into the future,” Chu said.

 

 

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StingRay surveillance gets hit in court; Flawed forensics and legal outcomes

NEW YORK LEGAL AID SOCIETY dna NEWSLETTER July 19 2016

Federal judge suppresses evidence collected by warrantless StingRay cell-site simulator device in NY drug case. In his decision, U.S. District Judge William Pauley wrote: “Absent a search warrant, the Government may not turn a citizen’s cell phone into a tracking device.” (Reuters)

The FBI has collected over 430,000 iris scans to populate its biometric database using state/local law enforcement pilot programs: “The result amounts to a new national biometric database that stretches the traditional boundaries of a pilot program, while staying just outside the reach of privacy mandates often required for such data-gathering projects.” (The Verge)

As job-related fingerprint checks have gone up 700% in the past decade, employers, workers and civil rights advocates worry about the nearly 50% error rate in the FBI’s fingerprint check system—including disclosure of sealed or dismissed criminal convictions that have led to termination and employment discrimination (Arkansas Online)

Massachusetts Supreme Judicial Court orders new trial for defendant in Shaken Baby Syndrome case who was convicted of assault and battery in 2007. Chief Justice Ralph Gants wrote in the court’s opinion that, “…the absence of expert testimony that the child’s injuries might have been caused by her accidental falls deprived the defendant of an available, substantial ground of defense, and thereby created a substantial risk of a miscarriage of justice.” (Boston Herald)
Related: MA-ACLU Amicus Brief, ABC News

NJ Court of Appeals overturns 2013 arson conviction, rules “positive alerts” from “accelerant detecting K-9” should not have been allowed into evidence during trial because they were not reliable scientific evidence (NJ.com)

Canadian Office of the Independent Police Review issues report stating DNA collection of 100 migrant workers by Ontario police to solve 2013 sex assault “was not motivated by racial prejudice.” Independent Police Review Director Gerry McNeilly noted, “The scope of the canvass ‘could reasonably be expected to affect the workers’ sense of vulnerability, lack of security and fairness,’ and could have sent the wrong message to the community about how they should be treated. More focus should have been on recognizing the workers’ vulnerabilities and privacy rights.” (London Free Press)

Canada’s Secretariat on Responsible Conduct of Research—a publically funded research agency responsible for scientific fraud oversight—has refused to give the public any details concerning the 78 scientists found to have falsified data, misused publically funded research grants, and plagiarized scientific data citing of federal privacy laws (Toronto Star)

Illinois school implements fingerprint scanner payment system for school lunches; “But civil liberty groups have warned the new technological system could threaten students’ privacy at a time when some companies in the private sector deal with lawsuits concerning the use of biometrics…” (Chicago Tribune)

New study shows Americans would like tougher sanctions for scientific research fraud, with more than 90% of respondents stating scientists found to be falsifying data should be fired and banned from government funding; over 65% of respondents believed science fraud should be considered a criminal offense (Chemistry World)

A supervising investigator at the Ventura County Medical Examiner’s office has been demoted to working in animal services after conducting “unauthorized postmortem procedures” without a medical license (Ventura County Star)

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Under the Microscope: Webinar in Hair Reviews

Hear about 40 years of junk forensic testimony in the US.

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“Field tests” of forensic evidence a presumptive disaster: inaccuracies prejudice 1000’s

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The genesis of forensic analysis or “testing in the field” probably goes back to…..

Sherlock Holmes 

Criminal sleuthing at a crime scene or during an investigatory “police stop” is a popular topic in the forensic science commercial laboratory R&D industry. Taking the “lab” to the crime is the essence of advertising news releases I’ve been following for years.

Its a very sexy idea for crime fighters.

There are multiple drawbacks. Mostly in the realm of over-enthusiasm by the commercial vendors, naive police departments telling the crime labs what to do, a mind-boggling lack of validity testing and prosecutors who offer plea deals to criminal defendants innocent of any crime. Here’s a recent blurb on a “learn in minutes” field mass spectrometer.

Of course the “latest” in field testing of substances are sold as being accurate in their results but that only part of this story. The context beyond other issues is that presumptive testing (assuming its accuracy) is NOT testing for conclusive proof of guilt. That can take place weeks or months after an arrest within an actual police crime lab already over run with backlogs.  Hence the popularity (in 90% of those indicted in criminal cases) of plea bargains in cases of actual innocence.

This is a case of a man being charged for possessing soap.

Here is Reason Magazine referring to ProPublica’s recent reporting of drug false positives affecting “tens of thousands of cases” involving field testing of suspected substances.

Another report from 2015 on failed field testing “kits.”

Here’s just a few more examples of these trends:

Mobile and very rapid at scene DNA testing. From 2012 saying the FBI is very eager and” the FBI is pushing to get it into the hands of law enforcement agencies as soon as possible.”

Mobile digital data “extraction.”  

Mobile fingerprint “matching.”

False positives using mobile Mass Spec to test for cocaine in hair. 

Gun shot residue (GSR) finding antimony, lead and barium nitrate is nearly perfect technique, according to a FBI newsletter, if a myriad of steps are followed by police lab workers. False positives are clearly looked at in the literature, but gets short shrift in the article. Here’s a chemistry journal article talking about environment and occupations that contain these substances, a simple and cheap laser spectrometer capable for field use and false positives.

DNA false positives. 

False testing results for marijuana. 

 

 

 

 

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Texas Symposium on Exonerations, bad forensics, bad prosecutions and the death penalty.

Houston Science Center

Anyone out there knowing a DA supporting the death penalty as a secure means of doling out proper justice in the US might do well to send him/her the information flyer showing the topics being discussed in Houston this August. You won’t read about them at the pro-death penalty campaign occurring for Prop 66 in California. This article links (via a .pdf) to the inflammatory language of promises for a better world as “reasoning” used by its proponents. In addition, Monday’s New York Times has an editorial calling out prosecutors as being protected from consequences when they infringe citizens’ rights to fair trials. Prop 66’s premise (if you read the .pdf) is that “some” of these protections are a “nuisance.”

See a summary of the Houston meeting below:

 

Houston Forensic Science Center Symposium: Exonerations and Backlogs

by BGarrett

The Houston Forensic Science Center is hosting a symposium as part of its celebration of National Forensic Science Week. The symposium will include two panel discussions designed to bring attention to some of the biggest issues in the forensic community today. The first panel includes an exoneree who faced two execution dates for six murders he didn’t commit. It will address the national issue of drug exonerations resulting from faulty field testing and laboratory backlogs and how this impacts minority communities. This panel will discuss the practical and ethical challenges faced by attorneys representing individuals arrested on drug charges based on faulty field tests and addresses the new procedures established to prevent wrongful convictions in the future. The second panel will tackle the national rape kit backlog, the challenges laboratories face when eliminating the backlogs and the obstacles rape victims face due to these hurdles. This panel will also provide guidance for attorneys handling cases involving DNA evidence. Debbie Smith, a sexual assault survivor, will share her story as the keynote speaker. Ms. Smith is the founder of H-E-A-R-T, Hope Exists After Rape Trauma, and the 2004 federal act that provides forensic laboratories with funding to battle DNA backlogs, is named for her. Tom Allen, HFSC’s general counsel, will provide a morning overview of the Michael Morton Act, and its legal benefits and challenges.

View Symposium Flyer

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Recuse San Bernardino’s DA Mike Ramos from pursuing a free Bill Richards

Its been 10 days since his abrupt release from state prison to an overnight stay at the San Bernardino West Valley Detention Center to then walking free into the California desert heat.  Bill Richards now is processing his new life in a very public forum. His latest venture is in front of Cal Western Law faculty and students.

http://www.nbcsandiego.com/news/local/Man-to-Thank-California-Western-Law-Students-Murder-Charges-San-Bernardino-384935041.html

While his future involves many small personal steps to some vestige of normalcy, Richards still is within “touching distance” of the San Berdoo prosecutors who claim to need more time to investigate whether he is innocent. Politicized prosecutors live in a world of spin and a dissembling persona of “fighting for justice for the victims.” Its clear that this DA’s office has no concept of its responsibility for creating actual victims from their own sloppy forensic work and over-rated faith in “convictions being final.”

I expect the Cal Western crew will pop SB DA Ramos’ continuing investigatory puffery through more litigation. After that, there will be efforts to gain Mr. Richards financial compensation for his wrongful conviction.

The backroom story to all this is that Ramos is teetering on the brink of being subject to a claim of abuse of discretion, capricious prosecution and conflict of interest. Capricious means “unreasonable.”

Ramos has publicly stated that criminal appeals are frivolous and circumventing California’s rightful use of the death penalty.  This objectively rejects defendants’ Constitutional rights and categorically rejects the US record number of 1831 exonerations  indicating innocence proceedings have been successful. This shows prosecutorial bias and egregious conflict of interest exists within the SB District Attorneys Office. Do the rules of California law allow a prosecutor to double-double down on re-investigating ad-nauseum to protect his “perfect” record of no exonerations during his current political campaign for State Attorney General?

Statutes do exist prohibiting capricious prosecution. Ramos will state that someone else in his office other than himself  is “reviewing” this announced-in-court re-investigation. This is no cure when the chief DA shows such conflicts to real justice in these attitudes which he so blatantly publicizes in his own county and on his statewide campaign trail.

A judge or the current state AG Kamala Harris could take this problem and appoint a special prosecutor.  Since Ramos is running for Harris’ governmental position, her getting involved seems slim. For political reasons of course. She probably will be supported in her rising campaign for the US Senate by California’s DA Association. What a twisted web we have surrounding William Richards’ freedom.

The California section on this has two requirements to succeed.

“Section 1424, the standard governing prosecutorial recusal, calls for a two-part analysis: (1) whether there is a conflict of interest and (2) whether the conflict is so severe as to disqualify the prosecutor. The trial court’s decision to order or deny prosecutorial recusal is reviewed for an abuse of discretion; the findings of fact are reviewed for substantial evidence, its conclusions of law are reviewed de novo, and application of the law to the facts is reversible only if arbitrary and capricious.

 

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TV Interview with Bill Richards on his 23 year conviction dismissal. #XONR8

See the KTLA TV interview with Bill Richards and his @CA_Innocence team minutes after San Bernardino DAs Mike Ramos and Michael Risley reluctantly dismiss all murder charges.

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