The Debra Milke Lawsuit – A Perspective

More dastardly deeds from Maricopa County AZ. Litigation for wrongful conviction compensation always taxes the taxpayers. This seems of little concern to the “tough on crime” government advocates who are cloaked in immunity by the US Supreme Court.

Phil Locke's avatarWrongful Convictions Blog

Camille Tilley, whose daughter Courtney was wrongfully convicted in Maricopa County, was kind enough to post a link to the lawsuit recently brought by Debra Milke against a number of Phoenex and Maricopa County, AZ officials regarding her wrongful conviction for the murder of her 4 1/2 year-old son. This post was contained in a comment to our recent story about the Debra Milke case.

If you haven’t had a chance to read the lawsuit, I think it deserves some special comment. You can access it directly here:  Debra Milke-lawsuit. It’s very interesting to note that Milke is represented in her suit by the firm of Neufeld Scheck & Brustin. You probably know that Peter Neufeld and Barry Scheck are the founders of the original Innocence Project.

I’ve read the suit, and if you think this kind of thing can’t happen to you, you need to…

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False forensic bitemark case gets another CA high court look

William Richards’ newest attempt for freedom centers on this application of a new law expecting the judiciary to know something about junk forensic science.
http://www.latimes.com/local/lanow/la-me-ln-bite-mark-court-20150318-story.html

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Debra Milke Case — She Remains Free — and IT’S DONE !!

Another Maricopa County conviction gone bad with an exoneration to match Ray Krone from 2000.

Phil Locke's avatarWrongful Convictions Blog

Today, the Arizona Supreme Court refused to grant the prosecution a retrial for Debra Milke. Milke’s conviction had been overturned by the US 9th Circuit for prosecutorial misconduct, and sent back to the Arizona courts.  See the AZ Central story here.

We’ve covered this case extensively. See here, here, here, and here.

And …….. Debra Milke has filed suit against Maricopa County, AZ, the prosecutor (Bill Montgomery), the detective (Armando Saldate), and twelve other officials. See the Courthouse News Service article here.

All I can say is …. YOU GO, GIRL!

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Ray Krone’s Exoneration from bitemark evidence: THE INSIDE STORY @csidds

Nothing says junk science more than this forensic method that has no legitimate validation of methods, no QC, no internal or external audits, no calibration of its testing or personnel, no reproducible testing, multiple “approved methods,” no equipment requirements, no estimation of measurement error, no control standards reference samples, and mere assurances that what its examiners say is in accordance to a scientific basis. Im sure members of this group on the NCFS will ignore all this and promote themselves to the NIST governing committee. All the standards of competency noted above fall within the ISO Standards for Accreditation ISO 17025 and are considered the minima for scientific lab conformity and confidence. I doubt the US justice system understands any of this. Meanwhile, read this past blog piece about the case mentioned most frequently as the reason why bitemark IDs are synonymous with “junk” forensics.

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

ray krone Photo by: Heidi Huber/AP

This picture has Ray Krone ( left) immediately after his release from AZ prison in 2000. Part of his story is below, which develops the persona of the Prosecutor Noel Levy who put Ray on  death row. The article was written in 2013 about prosecutorial misconduct in AZ which focused on multiple cases including Krone’s. Ray is now a international public speaker on the subject of “win at all costs” prosecutors and junk forensic science.

He hates bitemark identification.

In fact, during the 10 year fight for freedom, his family reached out to the American Board of Forensic Odontology (ABFO), the “elite” dentists of the American Academy of Forensic Sciences (AAFS) for an official review of the bitemark aspects of Ray’s case.

The Preamble of the American Academy of Forensic Sciences is it’s public commitment to scientific integrity (and its subsidiary forensic boards like the ABFO). I…

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24 forensic exonerations and dismissals later: bitemark matchers still in control

Nothing says how messed-up forensics science reform is than this 4 part series on the “elite” of the AAFS.

http://www.washingtonpost.com/news/the-watch/wp/2015/02/20/the-path-forward-on-bite-mark-matching-and-the-rearview-mirror

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The myth of government-run crime lab impartiality is revealed

Former crime lab employee gets the boot for being a defense expert outside his state, sues the county government, its DA and police chief. So much for impartiality myth of police run forensic labs. The courts expect the “whole truth” from experts. Law enforcement expects partisanship in this case. This individual was qualified in a separate court system as a verified expert.  He was hired to evaluate evidence being admitted against a defendant. Apparently no trouble would have occurred if a DA was the employer. Reasoning behind this is obvious. To prevent contamination of some sort. Aggressive partisanship amongst forensic experts is a quiet fact though-out the US criminal justice system. This separatism is a negative factor and creates pit fall of undo influence into an already subjective environment.

Florida judge reverses jury guilty verdict in murder case.

Montana crime lab lag time binds-up everyday “war on drugs”

Fingerprints do not “have a time-stamp’ revealed during cross-examination.

 

 

 

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A modern example of the Inquisition and Devils Island

An unprecedented response to a botched conviction occurring on chronic_jordan on Twitter. Read the comments.

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

Once convicted, the state of Nevada tries to ignore or deny evidence and even the inmate from public scrutiny.

https://firstlook.org/theintercept/2015/03/12/murderinvegas/

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A modern example of the Inquisition and Devils Island

Once convicted, the state of Nevada tries to ignore or deny evidence and even the inmate from public scrutiny.

https://firstlook.org/theintercept/2015/03/12/murderinvegas/

Posted in Bad Forensic Science, Civil rights, criminal justice | 1 Comment

NC Governor proudly pardons white collar over those found factually innocent and incarcerated for decades

Nothing speaks louder than the blind eye of politicians who care little to nothing about men and woman needing financial assistance after being exonerated after years of incarcerated.

NC Governor McCrory takes all the credit for using his pardon powers yet ignores two mens’ need for pardoning before they can receive compensation.  They have been waiting for 6 years.

[Excerpt]

McCollum and Brown, you’ll recall, are the half brothers who were found innocent last year of crimes for which they were imprisoned for more than 30 years. In other words, they didn’t commit a terrible crime and then later get their lives together; they were wrongfully and horrifically railroaded into prison and served decades for crimes they didn’t commit. McCollum was sentenced to death!

Meanwhile, tomorrow marks the six-month anniversary of the pardon requests the men submitted — a period during which the men have received no compensation for the terrible injustice inflicted upon them by the state of North Carolina. As Raleigh’s News & Observer reported last month:

“The men, who are half-brothers and who are intellectually disabled, were each given $45 in cash when they left prison in September – the sum total of help they have received from the state. They live in Fayetteville with their sister, who struggles to pay the rent and keep the light and water bills paid. They have depended on the kindness of supporters for all their money.

A Superior Court judge declared them innocent in September. North Carolina law authorizes payment of $50,000 a year, up to a maximum of $750,000, to incarcerated individuals later proven innocent. But the brothers first need to obtain a pardon of innocence from the governor.”

– See more at: http://pulse.ncpolicywatch.org/2015/03/10/governor-brags-of-pardon-while-request-from-exonerated-brothers-languishes/#sthash.5HfkhdJN.dpuf

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Who says politics isn’t in Forensics? DAs in DC expect too much from DNA lab

Update on DC Crime Lab. Now there are 3 separate panels reviewing DNA statistics. The DA, the DC government, and the lab itself. Max Houck, the lab director, reemphasizes the amount of stat disagreement amongst equally qualified experts. Im sure this scenario is not an isolated event.

WashPost March 11, 2015

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

DNA mixtures (multiple person DNA blood samples) interpretation disagreement raises DC prosecutors to backlash against respected DC crime lab director Max Houck and his $200 million facility. He says different statistical methods produces varying opinions and he has setup a 4 member review panel. “Nothing is broken” he says in response. These agendized prosecutors want to make a big deal about this mixture issue but blithely ignore the fact it is well known within the appropriate scientific community and already is under extensive scrutiny and ongoing adjustment. They would rather make the entire lab suspect. Obviously, there are backroom politics in play. Somebody in the media should dig into this one.

http://www.washingtonpost.com/local/crime/dc-prosecutors-criticize-city-crime-labs-handling-of-some-dna-cases/2015/03/05/b5244f88-bea4-11e4-b274-e5209a3bc9a9_story.html

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