An example of the “finality of verdict” mentality of police and DAs in the US : They ‘deep six’ the evidence

Sorry to use the “deep six” phrase (verrry unprofessional) but it surely applies to this growing track record of the various Innocence Project Network (IPN) investigation cases litigating suspected wrongful convictions.

They are told the evidence used to convict no longer exists. Any sense of the “chain of custody” concept evaporates after trials.

25 states have recently instituted statutes demanding prosecutors to maintain post conviction evidence. This is no solace for those convicted over prior decades. Read about the hodgepodge manner of the state by state process of “preservation.”

My conversations with IPN attorneys, law students, staff workers and volunteers affirm these stories of back tracking these cases to retired police officers, district attorneys and government staffers in order to circumvent obstacles of “vanished evidence.”.

22% of requests to the IPN for investigations are closed because of lost or destroyed physical evidence.

Here is the latest case.

Cops and DAs can’t find their own evidence, affirm they don’t have any. Then the Innocence Projects  show up and find it.

Also………..

 

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#Forensics in Focus : US experts not helping in Mexico Massacre, more forensic inaccuracies in the media …………

New DNA test can specifically identify the difference between identical twins. 

Where are the US forensic experts in this? Austrian forensic experts may shed light on Mexico massacre  via @reuters

Once more, so much for media accuracy in forensics. Security experts doubt North Korea hacked Sony

DNA Collection pursuant to an arrest is thwarted in CA. Mandatory DNA collection during arrest is unconstitutional, court says. Article says investigating wrongful conviction DNA of unknown perps will be affected.

Bitemark Opinion leads police investigators and DAs astray. What was a “solid” homicide conviction 20 years ago is now a “cold case.” DNA is now available for CODIS profiling but the DA seems to be in shock over the exoneration. DNA versus ABFO bitemark opinion and the FBI CODIS gaff denies chance to find the real murderer   

I still do not understand what this logically or legally means. Despite DNA, California Courts say Expert testimony is “merely an opinion” and “can’t be false” 

In LA on 12/13?  Head to LA City Hall at 6pm for #InnocenceMarch Vigil to encourage Governor Brown to free the CA 11! 

Richard III probably was a ba…rd 

 

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DNA versus ABFO bitemark opinion and the FBI CODIS gaff denies chance to find the real murderer

DNA Exonerates NJ Man Imprisoned for Nearly 20 Years image

Click picture for Gerard’s post exoneration video

The NY Innocence Projects’s fight to identify a murderer is blocked by a ridiculous FBI rule about “lawyer lab certification.” All this started with another wrongful conviction ( N=1480 at the National Registry of Exonerations). Gerard Richardson spent 20 years in prison because of a bitemark matching opinion. DNA proved the dentist was wrong.

 

As is typical in these usually rancorous exoneration cases, the article states the “Somerset County Prosecutor’s Office refused repeated requests for comment.” They can’t face the fact of Gerard’s innocence and ignore the glaring fact that the real murderer could still be at large. Never mind  the possibility that other crimes and homicides may have occurred by this unknown man.

Is this shocking anyone?

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#Forensics in Michael Brown shooting : Chaos, uncertainty and confusion in the Press and now….Silence?

The Watch talks about the shady “Professor” of Michael Brown’s autopsy and reveals ALOT of politics behind the real pathologist Michael Baden. Saga of Shawn Parcells, the uncredited forensics ‘expert’ in Michael Brown’s case + Media doesn’t care about facts. http://wapo.st/1CC29Yp

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

Summary and comment: The staid demeanor of most forensic science CSI shows and public conventions has been contradicted  by the explosion of news media coverage of forensics related to Michael Brown’s shooting in Ferguson, MO. Who says forensic scientists always agree? In my personal experience forensic Pundits of all types rise to the surface when the cameras are on. The big Pundits hate it when someone disagrees with them. This occurs even when equivocal or incomplete evidence shows up in a case. Retaliation is not unheard of as an aftermath. Fear of such keeps others quiet.

Added comment: I have not seen anything substantive on the Net/Media about forensic commentators reviewing any of the relevant data released since the Ferguson Gran Jury release. I wonder what’s going on?? I’d think the AAFS would offer itself as a arbiter of what true. Many of the forensic path types involved so far are…

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Despite DNA, California Courts say Expert testimony is “merely an opinion” and “can’t be false”

FIGHTING FOR FREEDOM

This past year has been a tremendous success for the California Innocence Project on many fronts, from successes in the courtroom to increased media and public awareness of our cause and mission.  2014 also saw success in another arena: legislative reform.

The California Innocence Project helped draft and sponsored two pieces of key legislation addressing issues relating to wrongful convictions and the innocent.  The first is a comprehensive bill which completely overhauled California’s post-conviction DNA testing statutes, leading to more efficient, more thorough, and more consistent DNA tests for those claiming actual innocence.  As a result of this legislation, those who have been wrongfully convicted-and who believe DNA can show their innocence-will be able to get DNA testing more easily, avoiding the sometimes years-long battles to determine whether testing should be granted.  Innocent individuals will also be able to have unknown DNA profiles-profiles matching neither the defendant nor the victim-to be entered into the national DNA database to see whether the profile is a “match” to the actual perpetrators.

The second law deals with false scientific testimony.  In one study, invalidated or improper forensic science was a factor in more than half of the wrongful convictions later reversed through DNA testing.  Although false scientific evidence is often the cause of wrongful convictions, California’s legal standards made it functionally impossible to challenge a conviction based on faulty or junk science.  The reason: a 2012 court decision from the California Supreme Court determined that expert testimony (the testimony from scientists, doctors, and the like) is simply an opinion, and as such, can never be disproved or rejected as “false”-because it is merely the opinion of the expert, and so was never “true” in the first place.  The bill remedied this backward-thinking decision, allowing for expert testimony to be challenged through later scientific or technological advancements.

 The full article from the CIP is here. 

 

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Forensic science review : 40 years of assuming “unique dental profiling” now considered unproven – AGAIN

The vagaries of what is “science” is a topic of interest to historians and those in the science business as part of their training. “Scientific advance” is what is expected to be the outcome. An odd variant is when some “science” is considered to be faulty, incorrect, or outright fraudulent. In others words, in the health sciences, it would be “we are killing people instead of curing them.” This mirrors the truest medical cliche of all time which is “physician do no harm.”

When a “relevant scientific community” (taken from the Frye Rule seen in the US Rules of Evidence) takes upon itself to debunk its own previous beliefs or assumptions, then they shouldn’t be used. In medicine, that means treatment should discontinued.

When the method involves forensics, the effects of a faulty method  has people falsely accused still in prison or as in Todd Willingham’s sad case, actually executed by incorrect arson “science.”

A event of singular importance has occurred within the forensic dental community. 13 full text articles presuming to have proven “dental uniqueness” relative to human identification from bitemarks have undergone another university-based peer review (The Catholic University of Leuven, Belgium). These articles were previously negated within the 2009 findings of the National Academy of Sciences report on odontology. They also have been criticized by researchers at the U of Buffalo School of Dentistry. The conclusion of this latest review substantiates the NAS which has been reviled or ignored by “elite” members of the  ABFO. Yet,  in opposition to pro-bitemark literature, the Leuven researchers have determined the “bitemark mantra” of profiling each suspects teeth as unique is unproven.

Odontology practitioners still go into courts and take the stand in favor of bitemark identification. In fact, Brooklyn ADA Melissa Mourges  and  ABFO past president Frank Wright are giving a presentation at the next AAFS convention about “how to take  bitemark evidence from the crime scene to the court room.”

Read Professor Iain Pretty (From the U of Manchester) blog on what this new finding really means.

OBFO Button

Once convicted to death, this is Exoneree Ray Krone’s opinion of the ABFO

Posted in Bitemarks, criminal justice, forensic science reform, Ray Krone bitemark case, Wrongful Conviction | Tagged , | Leave a comment

More on the physical evidence from Ferguson from WaPo

This opinion includes graphics and an observation that protestors and others don’t seem to care what the forensic evidence suggests and affirms.

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/28/the-physical-evidence-in-the-michael-brown-case-supported-the-officer/

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#Forensics in Michael Brown shooting : Chaos, uncertainty and confusion in the Press and now….Silence?

Summary and comment: The staid demeanor of most forensic science CSI shows and public conventions has been contradicted  by the explosion of news media coverage of forensics related to Michael Brown’s shooting in Ferguson, MO. Who says forensic scientists always agree? In my personal experience forensic Pundits of all types rise to the surface when the cameras are on. The big Pundits hate it when someone disagrees with them. This occurs even when equivocal or incomplete evidence shows up in a case. Retaliation is not unheard of as an aftermath. Fear of such keeps others quiet.

Added comment: I have not seen anything substantive on the Net/Media about forensic commentators reviewing any of the relevant data released since the Ferguson Gran Jury release. I wonder what’s going on?? I’d think the AAFS would offer itself as a arbiter of what true. Many of the forensic path types involved so far are members.

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This week , Robert McCullough, the Ferguson District Attorney released the testimony and evidence list and most documents (no autopsy pix)  presented to the Grand Jury since September 2014. Among his statements, was “all the autopsy reports agreed with one another.”

For a while, the “talking” heads on TV certainly didn’t imply that the pathologists agreed at all.  McCullough  statement implied that all the other forensic evidence was clearly in agreement (aka: “the physical evidence never lies.” )

I thought doing a quick web search (over 500K pages on “Michael Brown autopsy’) on the news releases about the path reports an evidence analysis might be interesting.  What I found is not the final answer. Just more questions in alot of areas.

To recap: Three autopsies were performed by the St’ Louis Med Ex, the Brown family path consultant, and the federal ME the Armed Forces Institute of Pathology. All three investigations were originally reported as “collaborative.”

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It all started in August on Sunday August 17, 2014

And it wasn’t nice. Here’s a smattering of the blogosphere. Obvious trends and mis-statements and mis-interpretations abound.

Aug 18 “Brown autopsy indicates unarmed teenager may have been surrendering” says Brown family Attorney Daryl Parks.

Aug 18 Some TV station says autopsy reports “unlikely to solve dueling narratives.” 

Aug 19 Autopsy confirms execution-style killing of Michael Brown …

Parcells

Uh oh. “Professor” Parcells shows up. This didn’t help the credibility of the family’s pathology report. This interloper arrives who messes with everything to get some pr time. I’m not sure what Baden had to do with it. He probably got scammed by some attorney to allow this guy to “assist.”

Aug 21 My Blog on Michael Brown autopsy. “What the autopsies can and cannot tell us about Ferguson.”

Nov 22 This one is ridiculously wrong. Autopsy Report is NOT Inconsistent With Mike Brown Being Shot From Behind While Running Away .

rb chart copy

Oct 17 Brown family pathologist “misses” Gunshot Residue on Michael Brown’s hand, but says “GSR may showup on clothing.” Also statements from others about Brown being 20 feet from Wilson at final shooting is incorrect. Much later GJ was told 130 feet.

Oct 22 Talking head non-involved medical examiner goes on the record. .

“The St. Louis medical examiner, Dr. Michael Graham, who is not part of the official investigation, reviewed the autopsy report for the newspaper. He said Tuesday that it ‘does support that there was a significant altercation at the car.

Oct 22 NPR follows the St. Louis Dispatch quote

Oct 23  Autopsy of slain Missouri teen shows close-range gunshot. (Oct 23). Reuters gives us a glimpse of what was stated after the GJ evidence news release. 

Oct 29 Brown family pathologist, Michael Baden, in October gets aggressive about disagreement between his opine on GSR and the opine from the St. Louis Medical Examiners Office. 

Another non-involved medical examiner steps into the fray and gets a bit singed.

“Autopsy suggests Brown reached for officer’s gun”

Blogging at its best. “Stupidest Man on the Internet Proves Michael Brown autopsy in a Complete Fraud.”

More recently

Another non involved medical examiner speaks out. Pathologist Cyril Wecht in action video interview. This was just prior to Monday’s GJ “data dump.” He uses “absurd” regarding police officer Dennis Wilson’s defense.

PARCELS the autopsy professor gets more headlines (a bit of a pun).

The two talking head pathologists who either mis-spoke or were mis-interpreted in their public statements “explaining” pathology are still getting noticed.

Forensic Evidence: Blood spatter indicates struggle, THC in Brown’s toxicology panel. 

Another noninvolved expert, this time in ballistics, renders opinions and “explaining” about gunshot evidence. Given before GJ data release.

As of three days ago, a reporter in New Orleans says only 2 autopsies were performed, but properly focuses on the “data dump” provided by the Robert McCullough earlier this week with great links to its contents. http://www.nola.com/crime/index.ssf/2014/11/michael_brown_autopsy_report.html

And…….Maybe the best takeaway regarding forensics so far from the Brown tragdey.

How eyewitness reports change over time when influenced by news media, community pressure and ultimately, much delayed forensic facts. 

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#Forensics The trending myth of #science in Shaken Baby convictions

Another terrible example of non-research based forensic opinions. m.theatlantic.com/health/archive/2014/11/how-can-doctors-be-sure-a-babys-been-shaken/382632

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#Forensics DNA and Amanda Knox case. Defense perspective

Nothing more compelling than crime scene DNA. Problems occur when the cops cannot find any at first. Then do a poor job collecting it. And then the prosecution continues regardless. http://www.telegraph.co.uk/news/worldnews/europe/italy/10344492/No-DNA-evidence-to-place-Amanda-Knox-at-the-murder-scene.html

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