Federal court opens door for “new” DNA tests

Posted on July 18, 2015 by csidds

Forensic science advances get another boost. This quashes DAs disingenuous arguments that appeal litigation for additional DNA testing is bound by a time “statute of limitations.” The rub are states’ laws that require a standard of proof of innocence that is higher than what is used for gaining a conviction. California DA Association is on board to battle the application of a new CA law addressing this issue. Seems that “finality of guilt” is their motto.

http://www.allgov.com/news/top-stories/federal-court-rules-that-improved-dna-testing-technology-means-forensic-samples-from-past-crimes-must-be-treated-as-new-evidence-150717?news=856984

Just published. Seems like a form of unionized form of job protection.

DAs rally for more drug enforcement and prisons to protect us from a lowering crime rate.

http://www.usnews.com/news/articles/2015/07/17/prosecutors-rally-against-sentencing-reform-say-build-more-prisons

Posted in criminal justice, criminal justice reform, exoneration, Forensic Science, wrongful convictions | 1 Comment

Bizzaro lawsuit claims ex crime lab tech driven to suicide.

Posted on July 17, 2015 by csidds

I had no idea 1980s crime labbers used their own semen as referenced control samples. This one’s ended up found in a cold case murder investigation.

http://www.cbs8.com/story/29569783/widow-of-ex-sdpd-crime-lab-employee-files-wrongful-death-lawsuit

Posted in criminal justice, CSI | 1 Comment

DC crime lab gets ex-FBI lab manager as its new chief.

Posted on July 17, 2015 by csidds

http://www.washingtonpost.com/local/crime/district-expected-to-name-new-head-of-embattled-dna-lab-officials-say/2015/07/16/e4379528-2bf5-11e5-a5ea-cf74396e59ec_story.html

Posted in criminal justice, CSI, DNA mixtures, DNA profiling | Tagged | Leave a comment

Forensics: Causes of death stranger than seen on CSI

Posted on July 16, 2015 by csidds

Forensic Science International

Death by “microwave.” A Forensic Sci Int abstract of a paper on human carbonization by drug traffickers. Subscription needed 24 hour access costs $31.50.

Strangulation homicide staged as a suicide by hanging. Cost the same as #1.

For those so inclined for more on this subject, here’s a recent on dying in the middle ages.

Posted in CSI, Forensic Science | Tagged , , , | Leave a comment

Frye Rule still lives in NY: Judge rules disagreement of DNA experts boots NYCME LCN DNA

Posted on July 15, 2015 by csidds

New York justice is an amazing blend of wildcard judicial decisions about what are “scientifically” reliable methods in order to allow expert forensic testimony. I’m amazed that a NY judge in a 2 1/2 year (!!!) Frye hearing on the issue surrounding a 10 year long use of “new age” highly-sensitive DNA (LowCellNumber aka HS) matching by law enforcement just ruled that:

……………including live testimony from 11 scientists, Acting Brooklyn Supreme Court Justice Mark Dwyer decided not to admit so-called “lower copy number” or “high-sensitivity” analysis and the DNA “Statistical Tool.” Dwyer said that the New York Medical Examiner is the only public laboratory in the United States that employs the technique in criminal cases. Read more. This DNA admissibility battle reflects what is going on in the large industry of crime lab DNA about disagreement on stats, DNA matching algorithms (“the tool”) and personal attacks at the Innocence Project’s  co-directors by the New York State crime lab.

Back to the ruling on the NY office of the Medical Examiner as a conudrum about “science and the law.” 

Another NY judge using the Frye Rule, in the Dean case of bitemark/murder, ruled against excluding a “bitemark-reader” after hearing from Prosecutor Melissa Mourges massaging the truth about “bitemarkers” abysmal reliability, their history of…..

1. helping convict or incarcerate innocent defendants, and not needing empirical research to support “soft forensic science,” (24 cases to date),

2. “only real-world” bitemark dentists (there are only about 4 left in the US) rather than legitimate researchers being credible scientific witnesses, and

3. that the infamous bitemark evangelist Michael West and myself are “thankfully no longer testifying” in US courts.

Radley Balko blew up (using facts rather than personal attacks like the good DA lady) Mourges and her 2 bitemark experts in this excellent piece from February 2015. A bite mark matching advocacy group just conducts a study that discredits bite mark evidence. 

 

Posted in Bite Marks, Bitemarks | Tagged , , , , , , , , | Leave a comment

Philippine Forensics: Dust-up over 1995 manner of death of a US Naval Officer

Posted on July 15, 2015 by csidds

The officer’s family disputes suicide findings of multiple US and Phil criminal investigators. They brought in a “US forensic expert” who has an interesting pedigree. I wonder how much he charged the family for services?

Full article

A massive PR piece by a forensic artist who is unrivaled in her success with a Guiness World Record.

Full article

Former PA judge stole cocaine from drugs brought to court by police.

Full article

Posted in criminal justice, CSI | Tagged , , , , | Leave a comment

At what price, freedom? The moral challenges in forensic testifying. Some win and some fail miserably.

Posted on July 14, 2015 by csidds

At what price, freedom?. An opinion article about expert witness integrity and examples of some total failures in the forensic science industry. From Dr. Mary Beth Hauptle, the most experienced forensic investigator dentist in the US. I am serious.

Posted in AAFS, ABFO, Bite Marks, criminal justice reform, CSI | Tagged , , , | Leave a comment

Mini-police crime labs sprouting up all over thanks to the American Soc of Crime Labs

Posted on July 14, 2015 by csidds

Digging deeper into the “forensic mini-lab for cops” topic, here is some more infomation on who will be providing tech help and possibly lab analyses of forensic specimens for the Winston-Salem police department. A private contract company that is well-respected according to ftg (@ForensicToxGuy). This out sourcing of more common toxicology testing speaks of the “slow response time” that has been often reported of local and state run crime labs

 

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

Somebody needs to tell this Winston-Salem police chief how “speedy crime lab tests” (to avoid huge delays from the state lab) might not work out so well in some circumstances. The “speedy trial” reward for being “speedy” in that his mini-lab needs regular calibration and proficiency testing that no one learns at the local police academy. Last I heard some of the large regional crime labs are not doing so well.  And here. And here. And here.

Rountree [the Chief] said being able to process tests faster will be better for investigators and the accused.

“It will allow citizens to have a speedy trial,” Rountree said.

“It can potentially save money as far as jail space,” he said. “People that couldn’t afford to get out on bail can now have their day in court.”

“This swift turn around should also provide an expedited resolution to all interested parties in a criminal…

View original post 70 more words

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Mini-police crime labs sprouting up all over thanks to the American Soc of Crime Labs

Posted on July 14, 2015 by csidds

Somebody needs to tell this Winston-Salem police chief how “speedy crime lab tests” (to avoid huge delays from the state lab) might not work out so well in some circumstances. The “speedy trial” reward for being “speedy” in that his mini-lab needs regular calibration and proficiency testing that no one learns at the local police academy. Last I heard some of the large regional crime labs are not doing so well.  And here. And here. And here.

Rountree [the Chief] said being able to process tests faster will be better for investigators and the accused.

“It will allow citizens to have a speedy trial,” Rountree said.

“It can potentially save money as far as jail space,” he said. “People that couldn’t afford to get out on bail can now have their day in court.”

“This swift turn around should also provide an expedited resolution to all interested parties in a criminal case,” said District Attorney Jim O’Neil.

Police are going through the final approval processes through the American Society of Crime Laboratory Directors and the Laboratory Accreditation Board. The anticipated opening is Aug. 1. 

That’s the very same forensic certification company whose members seem a bit miffed with the two NY Innocence Project lawyers being members of the NY State Forensic Commission.  They don’t like “outsiders” being involve with forensics.

http://www.journalnow.com/news/local/winston-salem-police-chief-speedy-lab-tests-lead-to-speedy/article_0b9523eb-8158-5412-a65e-80ac228d0e6f.html

Posted in AAFS, CSI, Forensic Science | Tagged , , | 2 Comments

Multiple US forensic pathologists run afoul of “hired gun” syndrome and double dipping

Posted on July 13, 2015 by csidds

This associate ME in Montana thought he ran the entire show but found that overdoing it on SBS and overstating the same thing for private car companies all the time can catch up with you. A loose cannon. 

And this CA Chief ME gets the boot for having nearly two full time jobs at the same time. He was only allowed 4 hours per week of outside consulting by his primary employer, Ventura County, but built up a approximate 1/2 time job next door in Santa Barbara County. Woe is him. 

 

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