How to Hold Bad Prosecutors Accountable: The Case for a Commission on Prosecutorial Conduct

Why not create a standing commission on Forensic Science Integrity in New York as well? One  exists in Texas and is auditing the effects of flawed microscopic hair and bitemark matching in past cases. Much to the chagrin and ire of a few Texan bite mark matchers. The recent hearing in Texas had two renowned Texas Medical Examiners quoting their position on bitemark evidence.

“Commenting on the broad scope of the investigation, Presiding Officer Dr. Vincent DiMaio said, “we’re talking about the whole field, the validity of the field of bite marks.”

“Dr. Nizam Peerwani, a commission member and the chief medical examiner in Tarrant County, said his agency abandoned the practice more than two decades ago. He recalled one instance in which a dentist identified a bite mark that turned out to be an injury from a crow bar. “We have no respect, absolutely no regard for bite marks,” Peerwani said.”

Onto the prosecutors in NY.

From the The Daily Beast.

“Plagued by misconduct, New York is considering the establishment of independent review boards for prosecutors, just like the one for judges. Its about time.

American prosecutors are powerful officials. They have the power to deprive people of their liberty, destroy their reputations, and even take away their lives. They have virtually unlimited discretion in how they exercise their powers.”

Comment: This theme runs parallel to a recent csidds post on the same subject of pros misconduct the feds are working on. Some DAs wandering afar from their ethical guidelines

 

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Forensic dentist defends the Innocence Project against “Anti Forensic Science” AAFS/ABFO Accuser

The California Dental Association Journal, in its July 2015 publication presented a multi contributor article on forensic dentistry. Having good PR for the efforts of largely volunteer dentists doing human identification cases and being trained and available in mass disaster responses is gratifying. The only hitch in the piece was the portion from a bitemark reader of this California contingent praising the method’s contributions to criminal justice and society in general. Needless to say, I had some objections to that part which I published here.

It’s only a handful within this California forensic dental group (30 in all of 32,000 dentists in CA) whom are bitemark dentists. To put a context to what shows up in the media about bitemark’s “relevant scientific community,” the number  in the United States and Canada purveyors of bitemark dental services can be determined to be 39. This is based on the number of participants taking a recent reliability test administered by the ABFO (out of a total of 100 members of the “elite” ). The 2015 test results were embarassing. The numbers of bitemark readers become even more scarce in Europe and Australia as media accounts indicate only a handful of cases occur. One Aussie dentist advised a journalist last week that a 1954 bitemark in cheese is the “best case in forensic dentistry.”

That said, an experienced dentist in both clinical and forensic dentistry wrote a response to the CDAJ about statements contained in its July article. Here is his letter to the editor in the September 2015 edition.

“I always look forward to the Journal’s occasional entry into the world of forensic odontology. From John Doe identification to mass disaster assistance and victim identifi cations, these dedicated practitioners are accomplishing many worthwhile things. The one facet of this specialty that I was most interested in reading about in the June 2015 issue, however, was bite-mark analysis. Considering the many exonerations recently of persons whose convictions were based solely or partially on bite-mark evidence, I was anxious to see how this practice would be presented to our membership. While “Bite-Mark and Pattern Injury Analysis: A Brief Status Overview” did initially at least acknowledge that there have been some instances where bite-mark evidence has led to false convictions, its author, Gregory Golden, DDS, seemed to spend a good portion of his article belittling the Innocence Project and its proponents as a fringe group to whom no one should pay any attention. The Innocence Project is an admirable group of individuals dedicated to correcting false convictions, regardless of the reasons. They are not trying to get guilty people out of prison. I think it would have been prudent for CDA to have had an opposing viewpoint alongside Dr. Golden’s piece in view of how controversial bite-mark evidence has become. JAMES KENT HOLLENBACK, DDS Santa Paula, Calif.”

The author of the CDAJ bitemark section responds:

Comment: in this following response, the author (a past president of the ABFO and a long-time Fellow of the AAFS) is trifling about the number of cases where District Attorneys use of bite mark evidence contributions have led to convictions which later became exonerations based on DNA. He should re-read this Washington Post article from Feb 2015. The number is 24.

“Thank you, Dr. Hollenback, for your response to the article on bitemark and pattern analysis — fi elds that by nature are controversial and deserve discussion on their respective roles in forensic investigation. What you described as a “belittling” of the Innocence Project (IP) was a compilation of my experience working with that organization at its request and its subsequent contempt for the forensic sciences in general. Every statement in the article about the IP is accurate and verifi able. In May of 2015, an IP lawyer sent his letter of resignation to the board of directors of the Innocence Project of Texas, saying that the national outfi t “… went from being a small nonprofi t to an organization with a multimillion dollar budget. As its size grew, so did its appetite for money …”2 In November of 2014, the Chicago Innocence Project was investigated by the Cook County State’s Attorney who found coercive and unacceptable tactics were used to unlawfully acquire a confession from a man who had served 15 years for the same crime for which an IP exoneree was released from death row.3 On the IP’s website, one of the most interesting statistics provided shows that 235 of the 325 exonerations to date were from eyewitness misidentifi cation. 4 Its data also shows that of the 154 “invalidated/improper” forensics cases cited, bite marks were tagged for only 1.7 percent (fewer than three cases), yet the IP claims at least two dozen cases exist where faulty bite-mark evidence was part of the conviction process. I don’t expect IP lawyers to change their views on bite-mark evidence in the near future. The American Board of Forensic Odontology will hopefully continue to search for ways to improve the science through validation testing and research.”

[references omitted] but are here within the CDAJ article on page 6.

 

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Stats on CSIDDS forensics and law blog – Thanks so much for your interest!!

Going to reach 20,000 for 2015.

statblog2 copy

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Fabrication of bitemark evidence by dentists not proven according to 7th Circuit dismissal of Stinson civil suit

“Fabricated opinion evidence, for which the expert might not have qualified immunity, must be both wrong and known to be wrong by the expert,” Sykes explained (an appellant judge recently wrote this in WI).

Its quite clear in Wisconsin that incorrect expert opinions must derive from “falsified or made-up” opinions intentionally created for use by the prosecution. Illinois thinks the same.

There exists no remedy for mistakes, exaggerations of certainty opinions unsupported by science,  or incorrect assumptions used by forensic experts to form conclusive opinions of a defendant’s criminality in the United States. A recent opine (also dismissing expert liability for AAFS dentists hired by the prosecution) in another civil case brought by DNA exoneree Bennie Starks from Illinois, concluded with the trial judge’s ad hoc statements assessing the prosecutorial use of bitemark dentists akin to “palm reading and astrology.”

Harm was heaped upon both men (both African Americans), but appellate case law accepts this as not a foul.

A legal opinion from my POV. 

There is  a gaping disconnect between forensic “inaccuracies” ( or worse ) affecting the outcomes of criminal cases and the defendant’s much judicially lauded “civil rights” to a fair trial  etc etc. Judge Sykes found “no constitutional” basis in Stinson’s  complaint of wrongful conviction. Loss of liberty (his was not a capital case demanding execution, but others have been put on death row) gets a pass. Even if the White House Office of Science an Technology Policy and the National Academy of Science have discredited the “bitemark matchers” in toto.

Thus, the Stinson v. Gauger, Nos. 13-3343, 13-3346 & 13-3347 (Aug. 25, 2015) civil suit against AAFS/ABFO dentists Tom Johnson (the WisBar author incorrectly calls him Lowell Johnson, which in itself is humorous to some experienced ABFO forensic dentists) and Raymond Rawson by an exonerated Robert Lee Stinson failed on its appeal to a Seventh Circuit Court of Appeals 3 judge panel. Both dentists are super-icons of the AAFS, the NIJ (Johnson received a record-breaking $715,000 NIJ grant for bitemark research a few years back), and the elite of the ABFO. Rawson was at the epicenter of exoneree Ray Krone’s death row conviction in Arizona in the 1990’s.

The term “qualified immunity,” as applied to district attorneys, police and their hired experts in criminal cases, is their  cornerstone of liability protection according to the US Supreme Court and state courts. Exoneree from Texas Michael Morton (25 years in prison) may have obtained some satisfaction when the DA from his conviction finally experienced some comeuppance a couple years ago. In Morton’s case the DA misdeeds were deemed intentional.

Note: The Stinson conviction from more than 23 years ago, regardless of it becoming a DNA proven exoneration, still appears in certain state’s case law as proof of bitemark “matching” continuing acceptance in courts.

Does this sound like an episode from The Twilight Zone? I may be dating myself.

Full article from Wisbar.org

 

 

 

Posted in AAFS, ABFO, Bite Marks, Civil rights, costs of wrongful convictions, criminal justice, CSI, death penalty | Tagged , , , , , , | Leave a comment

Its all about cheese for this bitemark expert

An overview of forensic dentistry in Australia. The author uses a 1954 cheeze bite case as a standout. Some what wrong as it misses all the faulty expert opines helping wrongful convictions. The remaining info on identifying human remains is spot on.

http://m.goldcoastbulletin.com.au/news/crime-court/dentists-urged-to-keep-records-of-patients-history-to-solve-crimes/story-fnje8bkv-1227495503548

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US Army Crime Lab enters the realm of “personal DNA” sequencing looking for hair an eye color

Battele Inc’s research leader used to run the FBI DNA nuclear DNA unit. Now his company is coming into the big game of identifying human physical traits from genomic DNA “markers” (ie.e alleles) not used in current criminal science systems.

Having received a $880K grant from the NIJ, this company announces that the US military’s forensic center (ex CID crime lab) has signed on to purchase their EactID methods.

Now thats a name worth copyrighting. “exact’ is gold in the forensic business. They do have decades of legitimate DNA progression to rely upon. This is not unlike medical researchers searching the entire human genome for disease creating genetic sequences.

“ExactID provides the information needed to determine specific, identifying traits — such as hair and eye color, race, who a person may be related to, where they may live — from an unmatched DNA sample. This has not been possible before.”

Thus the company has entered the “personal genetic trait” business much like labs connected with Ancestry.com, deCODEme, and Family Tree DNA.

Their full pr article.

Battele is urging other law enforcement to join up. But I’m curious about implementation as their pr blog says this “As use and reliance on the data produced by ExactID increases, Battelle experts expect other law enforcement agencies to adopt it in their investigations.”

It appears that the US Army will be a “proving ground” for this company’s product.  That means the rules of evidence regarding this product’s accuracy rate, error rate, etc., will be reviewed by the military UCMJ rules and a very limited case history on admitting expert testimony. Seems problematic to me regarding “next generation” DNA sequencing (Battele’s phraseology) as the military courts are weak on “new science” the admissibility front.

 

 

Posted in Crime, CSI, DNA profiling | Tagged , , , | 3 Comments

Deep into false forensic science from the FBI

Hair analysis ‘should be abolished,’ says wrongly incarcerated man

 

1978 Double murder.

37 years in prison.

“He said that the pubic hair was microscopically similar to mine—microscopically similar.”

Joseph Sledge was no saint, and the police knew it. Then the FBI got involved.  Once DNA got to be very popular, he then ran into the not unusual resistance from law enforcement to get crime scene and biological evidence tested and brought forward  into appellate level exoneration litigation.

In “Under the Microscope: The FBI Hair Cases,” Fault Lines looks at how, for decades, the FBI used the flawed forensic method of microscopic hair analysis to convict thousands of criminal defendants. The film airs on Monday, August 17, at 10 pm Eastern time/7 pm Pacific on Al Jazeera America. | Click here to find Al Jazeera in your area.

 

 

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Some DAs wandering afar from ethical guidelines

Leaking prosecutors seem to be getting some attention from the FEDS. But they ultimately get slapped on the pinky finger. As in prosecutor Mike Nifong in the Duke rape railroad case getting one day in jail.

Its even worse when the wrongfully convicted (mostly African Americans) get exonerated from years in prison, get no compensation from both those who prosecuted them an their junk forensic science experts. 

USNEWSOPINION

 

Posted in AAFS, ABFO, costs of wrongful convictions, Crime, criminal justice, criminal justice reform, CSI | Tagged , , , , , | Leave a comment

PRADE: Ohio defendant gets a 2d evidentiary hearing regarding DNA from coat sleeve over a bitemark

Douglas Prade was previously considered for release in 2013,  “….. based on advanced DNA testing that excluded Prade from crucial crime-scene evidence — a bite mark under a lab coat worn by Dr. Prade [the defendant’s wife] on the morning of the slaying.” This was immediately appealed by the prosecutor who convinced the higher courts “arguing that her [the judge in 2013] findings were meaningless because the lab coat most likely was contaminated over time, and Akron’s 9th District appeals court strongly supported the government’s argument.”

I love it when lawyers use “most likely” as an argument against scientific evidence that doesn’t support their arguments. Its like they can pull facts and conclusions out of thin air at the drop of a hat whenever they need it. Its a lawyer’s opinion, not a scientific one.

Note worthy is the prosecutor’s silence about the State’s bitemark dentist’s opinion of Prade’s teeth making the bitemark (another total guess). Maybe that dentist might need to re-review the latest judicial opinion out of Illinois aligning bitemark experts with astrologers. Plus the White House director of Sci and Tech Policy very recent public statement that bitemark evidence should be “eradicated.”

Full article from Akron OH

 

 

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Bitten by Experts: Forensic Science at its worst.

The Intercept copy

An in depth analysis of the Bill Richards case now re-litigating before the CA Supreme Court. From The Intercept by Jordan Smith @chronic_jordan.

A previous CSIDDS blog on this case. 

 

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