“A Public Safety Issue” | US Cops would rather bust pot users and issue traffic tickets than investigate years old rapes

This all boils own to lack of $$  incentives for police agencies to do real and thorough policing.

Instead of swatting marijuana users (recreational and medical pot criminalization) , the cops need to get off the drug-war-gravy-train (Fed$$) and their asset forfeiture bonanza ) and protect countless victims of sexual assaults. Missouri is the latest example of how distorted police priorities are regarding “public safety.” Read more.  Notable in this abhorrent failure to investigate, is the fact that cops have to re-open years old rapes and assaults, and then track down the victims, many of whom are still traumatized and have feelings of abandonment and shame since being attacked. Other jurisdictions, which have cleared their backlogs, found numerous examples of serial rapists left to roam the streets for years. It is apparent there is little to no concern about this until the media started embarrassing law enforcement (LE) around the entire US. Here is the a lady who poked a stick at the slumbering policemen on duty.

Read this new NPR interview with a journalist who has spent over a decade dragging the truth out of LE agencies about their failure to prosecute real crime. She talks about where the real resistance to investigate and the challenges police face when this evidence is properly handled.

Judge tosses case over prosecutor misconduct

An assault case in Jefferson Circuit Court was dismissed Tuesday by a judge who ruled an assistant commonwealth’s attorney “altered” evidence that was “deliberately not disclosed and concealed” from the defense counsel. Read more.

A novel defense in UK rape case. Frequent sex with girl friend in public park. 
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Court tosses convictions but won’t say couple is innocent

This case shows the “Finality of guilt” in the US Judicial system being alive and well. When the prosecution can’t fairly convict, they then wrongfully convict, then they cover-up their lack of evidence by smearing the defendants.

Martin Yant's avatarWrongful Convictions Blog

No matter how much evidence of innocence might exist, it is sometimes next to impossible to get the courts to fully admit error. That’s what happened yesterday, when Dan and Fran Keller, who were convicted on “satanic daycare abuse” charges in 1992, finally had their convictions overturned by Texas Court of Criminal Appeals. While the court ruled that the Kellers were wrongly convicted, the Austin American-Statesman reports here, it just couldn’t come around to admitting the Kellers, who were released in 2013, were actually innocent.  The Kellers plan to continue their fight.

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Politicos start talking about flawed forensic sciences

Five US Senators weigh into flawed forensic methods exemplified by the FBI hair comparison fiasco. More.

US Senate hearing on backlogged rape kits. $1B spent so far over ten years, the end is still not in sight. More. 

Sweat from fingerprints elicits cocaine evidence according to Euro researchers. More. More.

DNA gets Miami man exonerated of murder charge after spending 10 months in jail. More.

Massachusetts high court tries to deal with thousand of criminal drug convictions tainted by misconduct at state’s crime lab. More.  Innocence Project call it “risk free re-trials.”

Another exoneration story

Exoneree Kirk Odom’s experience is but one example of flawed forensic science from the pre-DNA era, a problem apparently far more widespread than once thought. The Innocence Project, which works to exonerate the wrongly accused, has identified 74 overturned convictions in which faulty hair evidence was a factor. And the FBI says experts gave erroneous testimony on hair analysis in more than 250 trials before 2000 and suggests that number could rise dramatically. More. 

An even stranger exoneration story.

NC well known defense litigator gets an ethics complaint filed for a “surreptitious collection of DNA from a water bottle (from within a private home)  which lands lawyer for later exonerated inmate in hot water.” Seems to boil down to ‘does a person have a reasonable expectation of privacy regarding his/her DNA on a personal object?’   Note, the DNA from the bottle did not aid in the exoneration. Could it be theft? The Bar ethics committee calls it “dishonesty, fraud, deceit or misrepresentation; and was prejudicial to the administration of justice.”

Here is an excerpt from the local ABC affiliate article about the complaint:

The complaint says that during a visit to the home of family members of possible suspects, Mumma left with a water bottle that didn’t belong to her. When she realized this, she didn’t return the bottle to the family, who declined the next day to provide DNA samples of her relatives.

She submitted the bottle for DNA testing anyway, the complaint says. In November 2013, she learned the DNA didn’t match evidence from the Davis crime scene.

Mumma then called the family member back and asked if anyone else had been in the home during their earlier interview. She again requested DNA samples, which the relative again refused to provide, the complaint says.

“Mumma never mentioned to (the relative) that she had already obtained a DNA sample that may have been … family DNA that was tested which did not match DNA from Davis crime scene evidence,” the complaint says.

Her attorneys, Alan Schneider and Brad Bannon of Raleigh, issued a statement: “We are proud of Chris Mumma’s contributions to our state’s criminal justice system and honored to represent her in this matter. We look forward to working with the State Bar to resolve it on her behalf.”

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1,600 U.S. Exonerations Highlight Unacceptable Error in Criminal Justice

You gotta read the comments. Some think these statistics and cases are mostly a hoax.

Nancy Petro's avatarWrongful Convictions Blog

The National Registry of Exonerations has announced a chilling milestone, the 1,600th known exoneration in the United States since 1989. The tally of persons known to have been convicted of crimes they did not commit has grown rapidly from the Registry’s launch three years ago. The 1600th exoneration, that of Michael McAlister, occurred last week.

Maurice Possley’s Registry report on Michael McAlister (here) provides the telling details — case unique and yet familiar — of a tragic miscarriage. Police and prosecutors would come to doubt McAlister’s guilt and subsequently joined a long effort to correct this stubborn error.

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Forensics: In South Africa its “CSI bunk”, in Great Britain its “flaws” and “crisis” | Boston has paid out $36M for mostly bad policing

The “CSI Effect” discussed in the Republic of South Africa. Judge’s opine is that wrongful convictions should be studied for faulty forensic methods within the criminal justice system. Says judges should study fingerprint analysis. Author says defenants cannot afford to hire experts.

British Media investigative series named “Why forensic science is in crisis.”

The City of Boston’s costs from settling officer involved shootings AND wrongful convictions = $36 million in ten years. Half of costs charged directly to Boston Police Department the rest to wrongful convictions.

 

This “bacteria ID” idea has been floating around for quite awhile. All I can say, is that it still has a long way to go. Of course, this doesn’t mean that some prosecutor won’t try to get it admitted in court soon.

Virginia cases under review for confidential informant use by a single detective. Over 100 cases involved.

Case example of how eye witness false IDs as core evidence in convictions produces unreliability. Shown in over 75 percent of DNA exonerations.

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Forensics: More disputes within another DNA crime lab | Its police managers vs lab scientists again

Nothing describes the police/forensic science interface better than this short article primarily about the reinstatement of a lab technician after taking responsibility for leaking a DNA proficiency test to 12 other colleagues. These same 12 still remain suspended. After that part, the writer uses internal “confidential information” about deeper disagreements going on about management proposed changes to the DC lab’s methods.

This parallels the Washington DC crime lab controversy in May 2015, where the DC mayor and district attorney went after their own crime lab director via a mayoral appointed crime lab certifying org manned by some of the director’s critics. The FBI had previously criticized DNA stats in use at the lab.

This seems to have started in the public forum in 2013, the year after its new director, Max Houck took over. DC spent $22M for a new facility.

I have written previously on this here and here and here.

Houck has published in Forensic Magazine, apparently in 2013, a preamble of his philosophical standing and the organizational structure at  this lab. Its all about why forensic science labs should be independent of police. Here…. The crime lab/law enforcement/ASCLD industry isn’t happy with this idea which is a primary pillar of forensic reform meant as a preventive for factors such as bias and undue influence in forensic analysis. In fact, the last AAFS meeting spent an entire 1/2 day on this subject in February 2015.

Now, after 2 1/2 years as director, (he resigned April 30), I believe Houck has learned there is a down-side of being outside the culture of law enforcement and prosecutorial managers  and control.

Here’s the paper trail:

1) 2013 Photos sent to DC authorities showing evidence room disarray. At that time, Houck disputed their authenticity and also stated that the police that department. More……

2) 2015 March 5. The prosecutor complains. More…. Its all about DNA statistics of RMP numbers (random match probability). This is a pdf presenting how numbers affect DNA matches. generalpopulationstats

Another person in the CJ system says there is no proof that cases have been affected, other than one, according to the opinion of the DA.

Houck is quoted in this article.

“Max M. Houck, director of the Department of Forensic Sciences, said that the lab follows the same protocols in place at many city and state labs across the country and that experts may disagree on how to interpret evidence. The lab has made recent improvements, he said, but he stands by the work done before those changes.”

3) 2015 March 6. The mayor “chooses” the certifying board.

4) 2015 April 27. DC crime lab certification suspended by certifying board. Methods “inadequate and incompetent.” More…

5) April 30, 2015.  Houck resigns.

6) 2015 May 4. Interim director gets hammered by the politcos. 2000 DNA cases described as “botched” More…. Since Houck took over the job in October 2014.

What is most concerning to me is that the media has not taken the time to drag this particular profiling dispute within DNA forensics out into the open. I also see that no one in the forensic community is volunteering a thing.

Quite possibly, the Amanda Knox case in Italy sheds the best light in the media about what confusion of opinion exists in low cell count DNA evidence.

 

 

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See the protectors of public safety who use the death penalty as a deterrent to crime.

These are not the only ones. Some seem to revel in it. Remember, prosecutors have absolute immunity for making mistakes or committing crimes within the court system.

http://www.slate.com/articles/news_and_politics/jurisprudence/2015/05/america_s_deadliest_prosecutors_death_penalty_sentences_in_louisiana_florida.html

I also would add from my personal experience:

This fellow Forrest Allgood has had many death penalty convictions overturned by the Mississippi higher courts. No deterrent to his activities exist. There is no judicial deterent as well. His re-election Facebook page had an overwhelming number of “likes.”

Here are two articles which talk about three of his worst.

“It started as a witch-hunt.”

And this article goes deeper into DA Allgood’s use of his cadre of “silver bullet” experts. “Killed on a technicality.”

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These Are the Wrongful Conviction Cases That Haunt Me

Anyone else had cases like this? As a forensic expert, I have my own list.

Phil Locke's avatarWrongful Convictions Blog

I’ve been doing “innocence work” for seven years now.  So …. just what is it that I do? I am Science & Technology Advisor to the Ohio Innocence Project at the University of Cincinnati College of Law and to the Duke Law Wrongful Convictions Clinic at Duke University. This means I advise on cases that include factors involving science and/or technology – usually forensics. I will also advise any innocence organization or agent that requests my input, and I do this pro bono. I do some other stuff too, like write for this blog, but those are the roles in which I get involved in case work.

During this seven year period, I’ve had personal involvement – meaning I’ve actually done work – in 63 cases in eight states and two foreign countries; and have had exposure to the details of probably 100 more cases on top of that. I’ve…

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How new DNA system creates added challenges with profiling

This company’s PR article tries to calm concerns about DNA-17 results which requires adjunct software to unravel what is called “background” DNA. This issue is directly related to the Washington DC crime lab (and earlier here) credentialing suspension three weeks ago. Question to be answered is “whose software to use?” The scientific community appears to be wrestling with it. Little media coverage available. This article expresses commercial DNA forensic providers concern.

 

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Unprecedented review of faulty forensics starts state by state

A great example of what happens when amateur and self validated forensic opinions get loose in the US court system. And runs amok for decades. Massachusetts sets up its own review board. Just 49 states to go.

http://m.wcvb.com/news/state-launching-review-of-convictions-to-find-faulty-hair-forensics/33031382

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