UK Forensic Science Regulator getting statutory powers may affect current SBS “witchhunt”

FSR Dr Gillian Tully

Dr. Gillian Tully, the UK Forensic Science Regulator

The US should take heed of whats happening in the UK in reorganization of its forensic science industry in order to standardize forensic methods and outcomes. In the US, this would circumvent all the agonizing slow and merely “suggesting” National Forensic Sci Commission’s two years of tap dancing with serious forensic science issues.

Having heard Dr. Tully speak at the Plenary meeting of the AAFS in Feb, she personifies an organized approach and seems immune to the back-room backstabbing that accompanies major controversies in forensic “science” as evidenced by this last week UK Shaken Baby expose’. Dr. Waney Squier (a pediatric pathology person )……

Consultant pathologist Waney Squier

Dr. Waney Squier

got slammed with a finding of “dishonesty” by some medical peers for her legitimate criticisms (accompanied by research) of SBS experts who dislike her logic and courtroom presence. The administrative medical licensing “court” finding cites her opposition to specific poorly-researched assumptions (of course not admitted to by the tribunal) used by Prosecutors and some of her colleagues to confirm baby homicide convictions, “as misleading” and offers absurd details to the foundation evidence which she misrepresented “science.” Things like biomechanics, and other aspects of medical science that are multi-disciplinary. They are false preaching that SBS testimonies for years haven’t been brought forward by experts with less than Einsteinian credentials in every aspect of medical practice. There is no medical specialty available in the subject of SBS.

This “justice” comes comes from certain parties who have filed complaints against her to the medical tribunal”who are not responding” to media requests. One of her supporters was more vocal:

“This is clearly a witch hunt against a physician who has done society a great service by levelling the playing field for parents and caregivers who face allegations of child abuse when their infant presents with unexplained brain injury,” says Marvin Miller, professor of paediatrics at Wright State University in Dayton, Ohio, in a submission to the tribunal supporting Squier. “Regarding her professionalism, she has unimpeachable integrity.”

Sounds familiar. Maybe Forensic Science Regulator Dr Tully can take up a review and bring the critics out of their little professional cubby-holes.

One more article on her professional honesty rankling the prosecutors. 

 

 

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DNA ruled contamination from “unknown persons” over bitemark now ineffective for new Prade trial

Nothing but eyewitness testimony was used to convict Prade of murdering his wife. The court refuses to concede that neither unknown DNA taken from the “bitemark area” nor the pseudo-science of the prosecution’s bitemark expert would be grounds for a new trial. It uses the off-topic reasons listed in OHIO case law that are silent regarding  junk forensic identification (the bitemark on skin) used to identify Prade as the killer. The court says new objections to bitemarks are nothing new. What the judges refuse to consider is that new research supports bitemark identification as being a psuedo-science. In TEXAS, this conviction would be held as compelling evidence of prejudice and considered evidence of an unfair trial.

http://www.newsnet5.com/news/local-news/akron-canton-news/convicted-akron-officer-douglas-prade-request-for-new-trial-due-to-additional-evidence-denied

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Los Angeles leads in staggering financial effects of wrongful convictions in CA ; $221 million

This chart is from the Chicago-based Center on Wrongful Convictions parallel study on WC costs from about five years ago.

This article is from California. Los Angeles leads with $93.3 million. 

“Released Wednesday, the analysis says mistakes in the state’s criminal justice system cost Californians at least $221 million (adjusted for inflation) from 1989 through 2012.

That represents the grand total of incarceration expenses ($80 million), trial and appeal costs ($68 million), legal settlements ($68 million) and state compensation for wrongful imprisonment ($5 million) for 607 people who had their felony convictions overturned, then were acquitted in retrials or had their charges dismissed. The total cost rises to $282 million when the 85 exonerations in the Rampart police corruption scandal in Los Angeles are added.”

BY THE NUMBERS

The number of wrongful arrests and convictions and legal settlements and fees for selected cities and counties, 1989-2012:

  • El Dorado County: 21, $570,000
  • Fresno County: 22, $3.4 million
  • Los Angeles: 370, $93.3 million
  • Los Angeles County: 99, $29.5 million
  • Merced County: 23, $445,000
  • Oakland: 364, $49.5 million
  • Placer County: 14, $357,000
  • Sacramento: 39, $482,000
  • Sacramento County: 193, $7.7 million
  • San Francisco: 97, $12.6 million
  • San Joaquin County: 8, $477,000
  • Stockton: 45, $1.5 million

Source: Earl Warren Institute on Law and Social Policy, UC Berkeley

http://www.sacbee.com/opinion/opn-columns-blogs/foon-rhee/article65053097.html#emlnl=Todays_Top_Stories

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Forensics : Montana State crime lab gets some positive PR, then this happens.

Prescription drugs

Here we go again….

Local media loves PR releases from chief Prosecutors and crime lab directors who talk about improvements to their response times for forensic analyses.  It’s titled “The Reality of the Montana State Crime Lab.” It was first posted March 11, 2016 at 1:52pm MST.

Then this comes out the same day at 2:35pm MST. It is titled “Montana crime lab technician suspected of stealing pills for nine months.” 

Some days it pays to just stay home.

 

 

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Forensics : Streaming Presentation on Flawed Forensic Science and Innocence

Flawed Forensics and Innocence

This comes from West Virginia School of Law’s recent weekend symposium with some heavy hitters of sci evidence law, forensics, innocence litigators, and the media. Thanks to Brandon Garrett.

Entire program on Youtube. Needs some editing.

But, here is the agenda and the players which might help in tracking people you want to observe in action.

Panelists

Panel 1 — True Injustice: A Discussion of Wrongful Convictions
Prof. Russell Covey (Georgia State University)
Prof. Mark Godsey (University of Cincinnati)
Ms. Vanessa Meterko (The Innocence Project)
Ms. Liliana Segura (Journalist)

Panel 2 — The Science of Forensic Evidence: Use and Abuse in the Courtroom
Prof. Kelly Ayers (West Virginia University)
Dr. Simon A. Cole (U.C. Irvine)
Prof. Meghan Ryan (Southern Methodist University)
Prof. Sandra Thompson (University of Houston)

Panel 3 — Crime Labs, the FBI, and Federal Oversight of Forensics
Dr. Suzanne Bell (West Virginia University)
Dr. Glen Jackson (West Virginia University)
Prof. Dave Moran (University of Michigan)
Mr. M. Chris Fabricant (The Innocence Project)

Panel 4 — Litigating Change in Science: Shaken Baby Syndrome and Arson
Mr. Paul Bieber (The Arson Research Project)
Prof. Imran Syed (University of Michigan)
Prof. Keith Findley (University of Wisconsin)
Prof. Kate Judson (University of Wisconsin)
Ms. Maria Cuellar (Carnegie Mellon University)
Dr. Ron Uscinski (Georgetown Medical School and University Hospital)

Panel 5 — Disclosure and Reliability: Forensic Evidence in Pre-Trial and Post-Conviction Proceedings
Prof. Valena Beety (West Virginia University)
Prof. Jessica Gabel Cino (Georgia State University)
Prof. Brandon Garrett (University of Virginia)
Prof. Jennifer Laurin (University of Texas)
Judge Anthony Mozingo (15th Circuit Court of Mississippi)

 

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Forensic Science Reform naysayer takes a jab at the US DOJ for further scrutinizing forensic “error”

 

Here is a narrative by a fellow who spends money on PR releases about forensics. This piece is regarding the speech given last week by Deputy Attorney General Sally Yates at the annual meeting of the American Academy of Forensic Sciences. Yates outlined the reasons and logic for continued review of many other forensic “sciences” even after the FBI’s admission to a systemic dysfunction of scientific proofs over it decades of microscopic hair comparison.

Yates strongly implies that the USDOJ does not consider the hair blunder as an outlier. She must have read the 2009 NAS Report cover to cover. This PR-forensics guy has spent years disclaiming its relevance. Whatever. I’m sure this reveal by Yates made some in the forensics-law enforcement industry shudder. On to the subject at hand.

This author does short shrift about bad “hair” and gains momentum for the remainder about doubting the efficacy of “high” costs versus benefit of going past the what he hoped was a closed chapter and scope of forensic reform.  Here is a nugget of his predictable scoffery.

One quote:

“Reasonable people can disagree about whether or not spending scarce taxpayer dollars on these case reviews is actually necessary – or whether or not it really helps to identify and rectify miscarriages of justice.  What is not acceptable, however, is failing to establish reasonable, responsible criteria for what actually constitutes an error.  Unfortunately, when Deputy Attorney General Sally Yates claimed that 90% of hair-testing reviews found some form of error, she may have fallen prey to the same temptation for which forensic science professionals have been criticized in recent years.”

Here’s the rest. 

 

 

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The Locard Fallacy: “Unique” impression evidence fails statistical tests once again : Ballistics

Considering that the Innocence Projects database (almost 350) of DNA exonerations shows a 46% contribution from unvalidated or faulty forensic testimony, this featured article focuses on bullet “matching” and by association extends to tires and bite marks. From my last post, footprint evidence has its own experts leaping at conclusions similarly skewed in numerous cases. Most all stem from the false belief (myth?) of uniqueness being a strong possibility existing in material transferred as trace impression evidence. This might be called the “Locard Fallacy.” (I just made that up. Locard never spoke of “uniqueness.” I’m probably not being original.) Here is an extensive review of Locard by Jerry Chisum and Brent Turvey  from 2000.

From Science (AAAS)

Reversing the Legacy of Junk Science in the Courtroom

 

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UK: Typical PR ad about a lukewarm improvement in looking at shoeprints

 

Its great to know that university people are looking to improve imaging for impression evidence. This time its shoe prints. Too bad the experimenter thinks that “gait” leads to a “somewhat distinctive” pattern which then begs the question about false positive results or exaggeration. I still remember the shoes OJ owned were “somewhat distinctive.” And “they fit.” (this last is from the FBI expert in 1997).

http://physicsworld.com/cws/article/news/2016/mar/07/new-forensic-shoeprint-system-relies-on-total-internal-reflection#comments

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Messing with drug evidence gets a DA reviewing 300 closed cases in Oregon

Tampered drug evidence in Oregon crime lab investigation continues. So far, 7 cases will be dismissed. More work will be needed for DA to finish hundreds of case reviews. Defense attorneys probably will run big objections to cases not dismissed by the DA’s task force.

http://www.bendbulletin.com/localstate/deschutescounty/4071869-151/da-dismiss-cases-where-osp-analyst-reviewed-evidence#

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Monday’s Quick Clicks…

Def Atty candidate for Lake County Ill. DA spot talks about “confusion” of Republican incumbent’s record and lack of a full-time Conviction Integrity Unit. Lake Co has had a handful of very expenses exonerations. The public’s interest seems lackluster.

Mark Godsey's avatarWrongful Convictions Blog

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