Judge tosses out two types of DNA evidence used regularly in criminal cases

Judge tosses out two types of DNA evidence used regularly in criminal cases – Forensics in Focus

EXCLUSIVE: Justice Mark Dwyer has ditched the results of low copy number DNA testing and Forensic Statistical Tool from the cases of Andrew Peaks and Jaquan Collins, who are charged in unconnected violent felonies in Brooklyn. Local prosecutors say the DNA tests have help prosecute dangerous criminals and exonerate those found to be innocent. But Dwyer said these techniques don’t belong in the courtroom if forensic scientists are unable to agree that these tests are reliable.Read the entire story.

Comment: This is entirely the reverse opinion from a judge also from the Brooklyn bench whom last year determined that bitemark comparisons “comported” with the NY Rules of Evidence. This judge must be a different breed of cat.

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From the UK.

Exonerees in the UK: left penniless and abandoned. By Carole McCartney

Were it not shocking enough that we continue to wrongly convict people in England and Wales and make it ever harder for them to win their appeal, we are abandoning those individuals who manage to win their freedom, penniless, often homeless, and always damaged. With the recent showing of a compelling TV documentarly that investigates whether there has been a number of health professionals wrongful convicted of murder, concerns are once again being raised about what happens to victims even after they win their freedom. Full article here. 

 

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Junk Forensic Science Shows Up at the 2015 American Academy of Forensic Sciences Meeting – Again

2015 AAFS copy

Forensic science fails in specific controversial areas of wherein “classic” investigation methods, never brought forth by the scientific method, are still posing as “business as usual.”. Think of the “matches” you hear about on TV.  Ignore DNA and Toxicology.

This is never so true than looking at the AAFS Advance Program for its Feb 2015 meeting in Orlando, FLA. There is little to nothing about forensic mistakes which led to wrongful convictions. For the bitemark “matching” clan, it is all about “moving” ahead, and don’t “look back.”  More on that below.

This failure focuses on pattern methods such as fingerprints (as is “how many matches does it take to assure a reliable “positive match” ) and bitemark “science.”

Hair comparison and bullet lead comparison s have been taken off the books as legitimate forensic evidence.

NIST/IAI/ AAFS are posing to help solve some of the gaps in legitimate testing, standards and practice. Too bad NIST setup their bitemark committee with some of the same people  presenting in Orlando.

Overview on science and its “research”  problems. These symptoms exist in forensics and are obvious. 

Below is an excellent overview on this  topic of scientific “spinning” of research results and their proclamations of success.

www.economist.com/news/leaders/21588069-scientific-research-has-changed-world-now-it-needs-change-itself-how-science-goes-wrong?fsrc=scn/tw_ec/how_science_goes_wrong

Now, onto a look at what the forensic bitemark section of the AAFS has to offer in Orlando. As expected, the match-up of topics is one-sided. It’s business as usual. No one discusses the NAS in 2009 statement that there is no underlying science to what these folks have said for 50 years. The NAS happened to use some of my papers to support their conclusions. They don’t even attempt their typical personal attacks regarding this 2014 article putting their 1st commandment of “dental uniqueness” (aka: a dental fingerprint) into the dirt forever. Here’s my blog opinion on the subject. 

If attending, please go to the Jurisprudence (legal) section, and the other true scientific disciplines ( Anthro, Criminalistics, Path/Bio and Tox ) to find topics such as error analysis, research verification, reliability testing and terminology. There is one surprise presentation at the end of this article.

This link will send you to the entire AAFS Advance Program.

COLLATION OF THE BITEMARK SESSION OF THE ODONTOLOGY SECTION AT THE 2015 ORLANDO MEETING.

8:30 a.m. – 8:45 a.m. G9 Methodology and Interests of 3D Modeling of Bitemarks

8:45 a.m. – 9:05 a.m. G10 Bitemarks From the Emergency Room to the Courtroom: The Importance of the Expert in Forensic Odontology

9:05 a.m. – 9:20 a.m. G11 An Objective, Dynamic Bitemark Overlay Technique

9:20 a.m. – 9:40 a.m. G12 Bitemark Evidence

9:55 a.m. – 10:15 a.m. G13 Paradigm Shifts on the Validity of Bitemark Evidence and the Dramatic Connection With Best Practices in Forensic Technical Analysis Via the Poma Murder in Rome: A Case Report

10:15 a.m. – 10:35 a.m. G14 Construct Validity of Bitemark Assessments Using the ABFO Bitemark Decision Tree Note: I have previously taken an opposing view that this is NOT the “science” the NAS was expecting. Take a look.

The TREE copy

10:35 a.m. – 11:05 a.m. G15 Bitemarks: To Profile or Not to Profile — So What’s the Question?

11:30 a.m. – 1:00 p.m. G21 Chronological Evaluation of Bruising in Bitemarks and Blunt Trauma: Validation of the Nuzzolese-Neri-DiVella (NNDV) Colorimetric Scale

THEN AT THE END OF THE DAY

4:45 p.m. – 5:00 p.m. G58 The Implications of a Guilty Verdict for an Innocent Defendant

NOTE: I have retired from speaking at the AAFS meetings. Last time I showed up, I presented a paper on erroneous bitemark opinions that led to wrongful convictions. Soon after, I was sued for defamation for over $750,000. I hope this next presenter is protected.

 

Posted in AAFS, ABFO, Bad Forensic Science, Bitemarks, Forensic Science, forensic science reform, junk forensic science, Uncategorized | 1 Comment

2014 in review

The WordPress.com stats helper monkeys prepared a 2014 annual report for this blog.

Here's an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 9,200 times in 2014. If it were a concert at Sydney Opera House, it would take about 3 sold-out performances for that many people to see it.

Click here to see the complete report.

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New strategy in exoneration litigation: The Nullification of Innocence

Nothing is ever over in exoneration litigation, be it from exonerees’ difficulties in re-entering society, or when some DAs and police, with help from their lawyers, continue to chase after the men and women who have wrongfully endured imprisonment from acts of public officials.

This flies sideways to overoptimistic opinions that DAs are have a true bead on conviction integrity investigations and “more accepting” of exonerations these days.

There is a really odd tactic rising in recent headlines giving us examples of “innocence nullification” being posed in two separate venues of Justice in the state of Illinois.

One is in civil court.

The other is in criminal court.

One is in Lake County and the other in Cook County. (just a few miles apart).

Avoidance of the costs for wrongful convictions and loss of status certainly may be involved in both cases.

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The first is under civil litigation in federal court against state authorities and their experts by exonoree Bennie Starks. Actions of the lawyers for these “authorities” ( Waukegan Ill. police and experts) are covered in this previous blog. are clearly suspect (pun not intended).   Now they have reissued their failed strategy used during their failed exoneration litigation.  Get ready for it: here it is:

Although their rape case had died on the steps of the courthouse because of DNA, they still have proof of an assault.  A doubtful bitemark supports this claim. Brilliant.

Therefore, these civil defendants want Starks’ exoneration voided  in order to extinguish his claim against them for compensation.

In the prior criminal litigation, the Lake County Illinois DA (called a State Attorney) eventually dropped this ploy and declined to retry Starks. Dead in the water with this claim of guilt, a full exoneration resulted. Now some of these same players have polished it up again for re-use. Brilliant

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The second case is another SA (Anita Alvarez, the Cook SA chief) moving  to provide a judicial determined exoneration for one man in a case where previously, another man had been exonerated for the same crime by testifying against this “new” exoneree.

This is the same SA , who in other exoneration litigation, has said “DNA evidence is a red herring.” This approbation of fish is insulting.

This first man, through the efforts of the Medill Innocence Project’s then director David Protess, was the reason for the second man’s release. SA Alvarez, citing misconduct of the IP investigators has not recharged this first exonoree. Wonder what the evidence she has for this. It seems the ex-law prof, private investigator an a bunch of rag-tag law school school student have been Alvarez’ target for a number of years.

Here’s a quote on this:

At a news conference, Alvarez questioned the integrity of David Protess, then a Northwestern University journalism professor whose students initially investigated the murders. She also criticized the private investigator, Paul Ciolino, who obtained Simon’s videotaped confession using an actor to falsely implicate Simon, saying that his tactics were “coercive” and “unacceptable by law enforcement standards.” ‘

This is a reverse play of the much used “prosecutorial misconduct” arguments that usually have little effect in most convictions. Misconduct has to be “pervasive and egregious” in most cases asking for reversal.  The SA is now waving “exoneration investigation misconduct” in her own behalf.

At the end of this day, I can say none of this speaks well of the Lake County and Cook County progress towards a consistent public policy towards wrongful convictions.  No wonder Illinois has spent hundreds of millions over wrongful convictions.

Posted in AAFS, ABFO, Bitemarks, criminal justice, Exoneration costs, wrongful convictions | Tagged , , , , | 1 Comment

Illinois police dept and experts’ defense theory attempts to thwart legally innocent man’s compensation suit.

Let nothing surprise you when lawyers are involved in opposing  litigation involving wrongful conviction disputes.

There is a civil case in Illinois, that has an exonerated man, Bennie Starks, suing the Waukegan police department and their 2 member panel of bitemark experts for $$ damages related to his legally vacated conviction for a rape in the 1980s. His exoneration is explained in this Chicago Tribune article written by Dan Hinkle (see below). You should note that the past DA of Lake County is immune from this legal action thanks to the US Supreme Court’s determination in Connick v. Thompson.

The current DA hasn’t said a word about this lawsuit, according to this new ChiTrib article.

This tactic is being used in a civil court opposing the reasons Mr. Starks was exonerated in a criminal case. As mentioned in the ChiTrib article, this vapid strategy assumes that the underlying exoneration can be still be questioned and somehow re-litigated in this case against the mentioned “authorities” described in Hinkle’s article.

Of course, This motion by the defendants in this court is all about the money. They can raise any sort of motion they want. The federal court judge decides and should vaporize it with a laser.

For decades, the ChiTrib has been following Starks’ case. To be transparent, readers should know I have some personal knowledge of this case as well. I did a de novo review for Starks’ appellate attorneys in 2006 regarding the bitemark evidence used by the prosecution’s experts in the 1986 conviction. Let’s just say I didn’t agree with them. Other evidence, plus additional reviews later independently done by other dentists familiar with bitemark “science” led to Starks’ being released from prison.

The myth of bitemark pattern evidence as being reliably reproducible forensic “science.”

Disagreement between forensic dentists on the reliability, validity and forensic testimony in courtroom conclusions has been symptomatic of this forensic method since its inception in US courts in 1954. I’ve written extensively, published papers peer reviewed forensic journals, (AAFS and IOFOS and FSI) and presented public papers on this aspect. More recently, the prosecution’s dentists now being sued by Bennie Starks sued one of Stark’s defense experts for presenting an opposing opinion during an AAFS presentation. Such is the world of forensic bitemark analysts. Personal attacks still continue to be the go-to strategy against those who attempt to raise public safety concerns in public, professional venues and in criminal court cases. Starks’ lawsuit is shining a bright light by the opposition to avoid compensation for wrongful convictions. Strange accusations  such as seen in Illinois, targeting forensic reform, are occurring elsewhere. Singularly, the one forum that might influence this bad behavior and push it to a more academic or collegial level is the above mentioned AAFS. That hasn’t happened. I have concluded that if you are a criminal defense expert, then the AAFS doesn’t give a damn.

In essence, the public debate and legal chaos regarding forensic reform and wrongful convictions continues to be very real.

Posted in AAFS, criminal justice, Exoneration costs | Tagged , , , | 1 Comment

Another Shaken Baby Syndrome Acquittal

Phil Locke's avatarWrongful Convictions Blog

An Iowa District Judge has dismissed the case against Peter Ranke, who was accused of injuring his 3-week old baby by shaking.  And further, the judge sharply criticized the diagnosing doctor for mishandling the investigation into the child’s injuries

This case highlights the proclivity of child abuse pediatricians to jump immediately to an SBS diagnosis; without giving due consideration to possible differential diagnoses.

See the Iowa City Press-Citizen story here.

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“Worst miscarriages of justice in British law from grossly misleading forensic science” – Scotland

“Some of the worst miscarriages of justice in British legal history have come from cases in which the forensic science was later shown to have been grossly misleading.”

Media Hype

Typical second-hand and incorrect quotation regarding a Science article on microbial profiling from public hair developed by Murdock University in Australia. The author at this link doesn’t have the time or interest to state what Max Houck’s (in Science) full consideration of the limitations from this initial publication of the researchers. Seems like the media has a need for introducing “silver bullet” findings of “incredible proportions” when anything on “forensic science” shows up.

Junk Forensic Science : An opine on “how to get rid of it.” Bon chance on that.

Junk Forensic Science : From the Psychology department about detecting “lies.”

Wrongful Convictions: One of six from Nebraska gets money for 1985 erroneous conviction. She is homeless.  DA argued against compensation.

 

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US Exonerations at a Record High; Cost of one wrongful conviction from 1992 is $4.75 million while others go without

The continuing end game for the people erroneously convicted (usually for homicide) and released after decades in prison continues to be clouded.

One man in New York gets $4.75 million.  NYC paid another man $10 million in April, 2014.

US exonerations at a record high level.

California rejects its own laws in refusing to compensate its exonerees. This resistance parallels the state’s governor, Jerry Brown, being mute regarding 12 prisoners the California Innocence project is representing the gov for clemency as being factually innocent. One was recently released pending a DA decision on a possible trial. Similar clemency petitions are happening in Illinois. 

As glimpse of the nationwide taxpayers costs can be seen in Illinois. from 2011.  I have not been able to discover any national surveys dealing with what all 50 states have spent in compensation.

FOOTNOTE: Innocence Projects in the US have 30% of their DNA exonerations ending up identifying the real perps. 50% of these cases contained faulty forensic science. Prosecutorial misconduct rate is almost the same.

The need for LEGITIMATE Forensic science reform is obvious. What else is obvious is that the panel of bitemark experts empaneled by  AAFS/NIST  reform effort is largely illegitimate. 

Meet the 325th exonoree in the US. Three victim witnesess ID’d him. 31 years in prison. He refused a plea deal of 5 years in 1980. DNA wasn’t his.

 

 

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More on the CSI myth in forensic science

The case described in the first link is Gerard Richardson, not Henderson. I have written past articles on his conviction aided via a small cadre of bitemark experts. The second link is today’s op-ed from the Huff Post about similar issues of overstated or outright junk opines. The American Academy of Forensic Sciences still maintains its veneer as a pinnacle of “forensic truth” despite some members getting a free pass for their faulty representations in court. Faulty forensics contributes to nearly 50% of the Innocence Projects’ exonerations.

DOUBTS ABOUT CRIME LABS 

HUFF POST blog 

Posted in AAFS, exoneration, Forensic Science, junk forensic science | Tagged , | 1 Comment

New Australian law on “new” forensic evidence releases man after 20rs in prison

Forensic opine by Patholgist at 1995 conviction appears to have been mere theory. Does that sound familiar? Unlike California Supreme Court’s recent pathetic statement that opinions on forensic evidence is “not true or false.” What a dumb legal basis to resist litigaton arguing “factual innocence” should exonerate. Follow CA_Innocence about the “California 12” as examples of this sophistry.

http://m.theaustralian.com.au/news/nation/murder-verdict-in-doubt-henry-keogh-to-walk-free/story-e6frg6nf-1227162426707

Posted in criminal justice, Forensic Science, forensic science reform, William Richards Exoneration Case | Tagged | Leave a comment