Courtney Bisbee Granted Evidentiary Hearing !

Posted on December 18, 2015 by csidds

The finality of guilt is some DAs’ mantra. They advance the belief of never doing or not doing anything calculably egregious enough to allow a defendant use of the appellate process. What a freakin myth. Total arrogance to boot.

Phil Locke's avatarWrongful Convictions Blog

Courtney Bisbee was a responsible, law-abiding, hard-working single mother working in the Scottsdale, AZ school system in 2004 when she was sucked into the criminal justice system by false allegations of “improper touching” of a minor.

For background, please see our previous post about this case: A Broken Justice System – Cases in Point – Part 2 – The Case of Courtney Bisbee.

There is recent significant news. Federal District Court Magistrate Judge David Duncan has granted Courtney not just a hearing, but an evidentiary hearing. The two day evidentiary hearing is scheduled for March 14 and 15, 2016.

As we have mentioned before, Courtney filed an absolutely compelling habeas petition with the court 3 1/2 years ago. At the time, former Federal District Chief Judge Roselyn O. Silver, who is now on the 9th Circuit Court of Appeals, reviewed Courtney’s initial petition for Writ of Habeas which was…

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Bickering Bitemark Analysts need to read this: Chemists’ guidelines and expectations on science

Posted on December 18, 2015 by csidds

American Chemical Society, Chemistry for Life ®

The American Chemical Society has taken a very proactive position in reinforcing scientific standards through its involvement in forensic reform and progress. A notable aspect of this group is its university and industrial component membership base that conforms to legitimate scientific standards.

In my opinion this short statement from the ACS paints a clear picture on its scientific thought and practice that stands as an excellent resource for non-scientists and judges who seek a seminal reference document when asked to evaluate forensic testimony.

I’m thinking the Texas Forensic Science Commission which is currently thinking critically about bitemark evidence and is facing a group of self-serving dental pseudo-“scientists.”

Similarly, the ACS has other policy statements on forensic science available on their site. The ACS has taken a notable stance on forensic science in a 2012 news release targeting scientific issues involve in wrongful convictions. It is titled “The Innocence Project: Science helping innocent people found guilty.”

Posted in AAFS, ABFO, Bad Forensic Science, Bitemarks, Forensic Science Bias, Forensic science misconduct | Tagged , , , , , , | 2 Comments

Nebraska County payout for crime lab director who resigned after fruitless investigation

Posted on December 18, 2015 by csidds

Results are almost $200K in settlement, rescinding a 30 day no-salary suspension, and a neutral job reference letter. One can only imagine what the real back-story is on this one.

http://www.kearneyhub.com/news/regional/after-settlement-douglas-county-crime-lab-boss-will-resign-and/article_02c51540-a41b-11e5-81bb-fb0462efa4f2.html

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Forensics: DNA retest eliminates convicted man. DA says he’s guilty anyway.

Posted on December 18, 2015 by csidds

This case is certainty bizarre for its facts. A now convicted man is arguing for a new trial. Post conviction DNA re-testing on a gun is the center point. But the guy who got shot was killed by a police officer named Kaufman.

“As Columbus Police Officer William T. Kaufman approached the building in response to the burglary call, he saw a man running with a gun pointed at him, so he shot the man — Thomas — twice, killing him. Kaufman was cleared by a grand jury in the shooting.”

Read the full article. 

 

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Fingerprint device captures prints as person walks past

Posted on December 17, 2015 by csidds

Commerical press release lacks much depth but suggests interesting privacy implications with this just FBI approved optical printing system.

“Each ANDI OTG system instantly captures four fingerprints from an individual as they walk past the device.”

Im not sure what the “world record” praise is all about.

http://www.in-the-loop.net.au/new-fingerprint-system-break-world-record-and-certified-by-fbi/

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The odd “reform” coexistence of law enforcement, criminal justice and private forensic orgs

Posted on December 17, 2015 by csidds

Taking some joy out of Xmas, the Wash Post columnist Radley Balko draws out the pattern of current forensic events focusing on methods review into a broader question. How difficult is it to change multi-governmental institutional culture? He describes how the odd blend of law enforcement, criminal justice and private forensic organizations co-exist to enable each other

https://www.washingtonpost.com/news/the-watch/wp/2015/12/16/forensic-science-reform-is-finally-here-but-will-we-get-it-right/

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Major US Forensic Lab Scandals by State : The DOJ takes a stab at solution

Posted on December 16, 2015 by csidds

Ad this to the list. This lab director was cleared of wrongdoing, however.
OMAHA, Neb. (AP) — The crime lab director for Douglas County is resigning, months after she was cleared in an investigation into some of her work.

The Douglas County Sheriff’s Office said Tuesday that Tracey Ray will resign effective Dec. 31. Additional information was not released.

The sheriff’s office initiated an investigation in January regarding alleged issues with Ray’s handling of certain evidence. An independent forensics expert concluded in June that Ray did not cross-contaminate or degrade evidence.

Chief Deputy Tom Wheeler said in a news release that the departmentregrets Ray was on administrative leave “for so long” during the investigation and that it received press coverage.

Ray was hired in 2010 after former county crime lab chief David Kofoed was convicted of planting evidence in a Cass County double murder.

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

Rumblings about mess-ups in US government-run  forensic labs has finally reached the US DOJ. The reliability aspects of who does the “accreditation” is another matter. Thanks to NACDL and @celiagivens at the DNA Newsletter.
DOJ to Mandate Lab Accreditation

The Department of Justice has announced a new policy which will require DOJ forensic labs to “obtain and maintain accreditation and will require all department prosecutors to use accredited labs to process forensic evidence when practicable” by 2020. The policy is an attempt to tackle numerous crime lab scandals that have been uncovered in recent years.

But the policy falls short of genuine reform. It only affects labs used by the DOJ and has an implementation date set five years in the future. Further, Frontline reports“the new policy seemingly has a built-in loophole” that only requires use of accredited labs “when practicable,” meaning non-accredited labs may be relied upon if there are delays or excessive…

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Innocence Projects’ praise for Texas Forensic Commission’s deep look into bitemarks

Posted on December 16, 2015 by csidds

The NY Innocence Project talks about this week’s New York Times article which has gone viral on the Net as an example of forensic science “reform” taking place in Texas. The bitemarkers are resorting to innuedos and red herrings to defend their artful opinions. The dentists never talk about DNA being obtained from bitemarks which seems strange to me.

The Commission has a long list of dubious casework involving bitemark aided convictions and at least 2 executions.

(excerpt)

“Over the weekend, the New York Times reported on the notable efforts that the state of Texas is taking to strengthen its criminal investigations by way of reexamining forensic methods that have come under scrutiny in recent years. At the forefront of those now-discredited methods being evaluated in the Lone Star state is bite mark analysis, an investigation tool that gained popularity in the 1950s with forensic examiners as a means to allegedly link individuals to crime scenes.

http://www.innocenceproject.org/news-events-exonerations/texas-forensic-science-commission-steps-up-to-investigate-bite-mark-analysis

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Major US Forensic Lab Scandals by State : The DOJ takes a stab at solution

Posted on December 15, 2015 by csidds
Rumblings about mess-ups in US government-run  forensic labs has finally reached the US DOJ. The reliability aspects of who does the “accreditation” is another matter. Thanks to NACDL and @celiagivens at the DNA Newsletter.
DOJ to Mandate Lab Accreditation

The Department of Justice has announced a new policy which will require DOJ forensic labs to “obtain and maintain accreditation and will require all department prosecutors to use accredited labs to process forensic evidence when practicable” by 2020. The policy is an attempt to tackle numerous crime lab scandals that have been uncovered in recent years.

But the policy falls short of genuine reform. It only affects labs used by the DOJ and has an implementation date set five years in the future. Further, Frontline reports“the new policy seemingly has a built-in loophole” that only requires use of accredited labs “when practicable,” meaning non-accredited labs may be relied upon if there are delays or excessive costs at accredited labs.
Posted in AAFS, ABFO, costs of wrongful convictions, criminal justice, criminal justice reform, CSI | Tagged , , , , | 1 Comment

Forensics: How Police actions can lead to a Homicide years after the incident

Posted on December 15, 2015 by csidds

Remember that when a medical examiner renders homicide as the manner of a death, there are three subcategories ranging from 1) murder 2) manslaughter and 3) justifiable. This article talks about a police-action-related injury (brain injury) evolving years later to death of the injured man. Of course, it is the law enforcement agencies who make the ruling regarding which of the 3 categories “fit” this specific case. The first two would be criminal indictments against the police officer. These have been extremely rare occurrences, but recently, The Atlantic’s “Killer Cops” article records 14 indictments against policemen for murder in past months.

http://q13fox.com/2015/12/11/christopher-harris-attorney-man-slammed-into-wall-by-deputy-in-2009-dies/

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