Forensic Bias? Did an autopsy doc get wind of a suspect’s confession now considered coerced?

The interplay of homicide death investigations conducted by medical personnel employed by the same agency investigating a suspect is fodder for doubts concerning undo influence. Its the subject of this The Intercept article just out from Jordan Smith.

It is no fallacy that forensic experts not happy with their less than “she/he did the crime” results (like some bitemark people I know) will cheat towards stronger opinions when other evidence comes out from the police. I have had a couple judges actually agree with this tactic. Both times, while in court, my explaining what the “scientific method” says about such activities got me into dispute with the “gatekeeper.”

https://theintercept.com/2016/01/19/richard-masterson-did-a-dubious-confession-sway-a-medical-examiners-autopsy-in-a-texas-death-penalty-case/

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Forensics: Make sure you get all the case records and photographs before you testify

Sometimes, decisions must be made by an expert on the spur of the moment. One cannot prepare for all unexpected events. Here is an example.

Nothing is more embarrassing or potentially catastrophic to any forensic expert than to find out while in court that additional documentation or evidence  relevant to your opinion has just shown up. This case involves Werner Spitz (pathologist) in South Africa experiencing such a scenario. Here is Spitz in SA. 

I’ve had this happen a couple times. I once didn’t receive evidence vital to my opinion until the night before testifying. Later, after eventually testifying a month later, my opinion had changed due to this evidence. The opposing counsel dreamed up a scenario that I had only changed my opinion in order to get more money. The truthful answer I gave was “No.”

Years later, some scoundrels came up with the scenario that I had said “Yes.” They admitted such tripe into their courtroom arguments in a number of criminal cases.

Twisted minds indeed exist.

 

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How politics enters the crime lab from the front door: Cops influencing technician reporting

Forensic Fraud: Scientists Say State Police Gave In To Political Pressure With Crime Lab Policy

As much as the major forensic organizations (AAFS and state run lab associations and their accreditors) don’t object to the association of crime labs and police by saying it is a logistical match, the news keeps popping up with stories to the contrary. Its amazing how over-reaching police and police lab managers (who get defendants to plead guilty about 95% of the time) aid prosecutors on a regular basis and few seem to care other than defendants.

This time it is a continuing story in Michigan state whose labs have promulgated that any THC recovered by police will be recorded as synthetic rather than plant-based absent any testing. This article explains why.

A major voice in forensic science for 40 years says its not science that is the result. Some others seem to believe that “Criminal Justice” has developed a new biased meaning in certain applications.

http://wemu.org/post/forensic-scientists-say-state-police-gave-political-pressure-crime-lab-policy#stream/0       and

http://michiganradio.org/post/forensic-scientists-blast-state-police-crime-lab-thc-policy-man-fights-get-son-back#stream/0

Associated articles about the Michigan crime lab:

http://fox17online.com/2015/10/29/emails-spell-out-alleged-scandal-in-state-crime-lab-testing-falsely-reporting-marijuana/

http://fox17online.com/2015/11/05/drug-felonies-without-credible-proof-allegations-of-politicking-in-state-police-crime-labs/

 

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Forensics: The vagaries of determining the Time of Death (TOD) during autopsy

The recent ABC 20/20 show “Her last chance” on California Innocence Project’s client, Kimberly Long, put in perspective how some police agencies get help or by omission, no help, from pathology information. In Kim’s case, her conviction being vacated is based on both the DA and defense avoidance of TOD evidence and clear proof of her exclusion by blood spatter “dynamics.” From those, logic should move forward from this evidentiary level to  “a reasonable person”  and beyond a doubt (also ignored by some DAs) conclusion that the police theory, only supported by an “anti-alibi” interview wit statement, is contradicted.

A good story on why TOD is so important in determining circumstances of accidents, unsupervised deaths, suicides and suspected homicides. Plus, it’s always nice if the body temperature is taken at the scene. That mostly only happens on TV, however.

“The Living Dead” From the New York times magazine.

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Is Forensic Science Capable of Correcting Its Woes?

The seminal theme of the US forensic community professes that it can solve its own problems.

I doubt it.  The public sees in the media these negative forensic themes: undo police/DA/politico attitude influences, the imbalance of drug testing predominating over rape kit testing, weak to non effective critical problem planning, underfunding by the NIJ, and thin accomplishments of QA oversight by forensics’ major organizations participating in various national commissions.

I’m not talking about the Texas Forensic Science Commission or the National Academy of Sciences.

I am talking about aspects of forensic science reform, where it comes from and the shadow world of resistance to it by first highlighting a forensic reform denier who poo poos (for a profit) the necessity of facing serious problems within this law enforcement managed industry. He will be a guest speaker (correction: presenting in a Workshop) at the upcoming American Academy of Forensic Sciences Plenary panel titled “Transformation: Embracing Change” meeting this February. He is the self-employed administrator of the Forensic Foundations Group. This tidbit is impressive as it confirms American Academy of Forensic Sciences is a good old boy club to its core. Influencing “change” by this group is at glacial (and shrinking) pace or maybe never has existed in advancing much support for decreasing wrongful convictions. Being in front is not in the AAFS mantra. Ironically, the forensically independent American Chemical Society, is an example of being in front of forensic policies.

I should balance the above by saying the White House has just taken the initiative to showcase the absolutely vapid  bitemark dentists sponsored by the AAFS. This supports my thesis that the NAS, WH and the Texas Forensic Science Commission have accomplished more in outing forensic failures than those “stakeholders” within the forensics industry. The NAS came out with it’s cutting edge “strengthening forensic science” recommendations and exposed glaring forensic weaknesses. Texas skewered the arson “science” myths. It has recently tread upon aspects of DNA matching as well. All accomplished from OUTSIDE the forensic science communities.

For reference: Take a look at how science generally sputters at “auto-correcting itself” provided by this The Economist 2013 article, “Trouble at the Lab.” 

 

 

 

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Taking bitemark evidence to the White House: Video speaker provides no answers to wrongful convictions

When you have no scientific proofs to contradict years of unreliable expert testimony and false forensic education on the subject, this speaker just blames everyone but himself. He doesn’t dare answer the scientific inquiries of this White House panel on Forensic Science last Friday. He laments how the public “good” will be damaged by not believing his flammery. Sorry, I mean, his opinions as a “non-academic” will save lives. Right?

This blog article by Professor Iain Pretty, from the UK, explains how practitioners of unreliable forensic opinions can be likened to fraudulent medical practitioners who kill people in the operating room.

http://www.forensicdentistryonline.org/senn-at-presidential-committee/

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The fight to eliminate the use of bitemarks turns nasty as usual : Manhattan DAs sniping response

In a angry, defensive memo, Manhattan DA’s office withdraws bite mark evidence.
https://www.washingtonpost.com/news/the-watch/wp/2016/01/13/in-angry-defensive-memo-manhattan-das-office-withdraws-bite-mark-evidence/

 

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Forensics: The White House Office of Sci Tech investigates Bitemark Believers on Jan 15

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

The Obama Administration offers a potpourri of forensic practitioners at a public hearing scheduled for  Jan 15th. Among them is one of the pro bitemark witnesses who pled for mercy before the Texas For Sci Commission a month ago. Here is the WH program and public comment registration site: https://www.whitehouse.gov/administration/eop/ostp/pcast/meetings/future

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Forensic lab autonomy in Mexico way ahead of US counterpart labs managed by police

Police have no jurisdiction in Mexican forensic science laboratories and investigations. DNA crime scene collection is done by civilian investigators.

Fascinating. My county has made at least four attempts, in the last 30+ years, to put the Ventura County ME’s office under control of law enforcement. Our new ME, Dr. Ann Bucholtz is adamant at retaining her independence.

In Jalisco, home to the cartel that last spring shot down a military helicopter with an RPG, venality runs deep and the violence is heinous: corpses cut to pieces, fingerprints burned away with acid, bodies stacked on top of bodies. Indeed, as the narco wars have reached new depths, it’s been hard to see any light through the blood and despair. But 18 years ago, amid recalcitrant corruption, officials decided to partition forensics from police and prosecutors, giving the Instituto Jalisciense de Ciencias Forenses complete autonomy. Independence, they believed, would prevent conflicts of interest, promote scientific integrity and restore public trust.

Full article

Thanks to @maxmhouck

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Read the Manhattan DAs total nonsense regarding forensic science reform

Here is the correct linkage to Manhattan ADAs Mourges ( a link to some more of her shenanigans) and Robert Ferrari’s flaming rhetoric and bile about why bitemark matchers are as good as fingerprints in identifying suspects of crime. I suppose that’s why scientists do not become Prosecutors.

https://drive.google.com/file/d/0B63uKGLlvkRRNkIyTVZ6Uzl1T0E/view

 

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