FORGET CSI: A Disaster Is Happening In America’s Crime Labs

Media reports about 2 crime lab scandals per month.

Its all about “stealin an cheatin and liein”

Headline story from April 2014. Its about bungling in crime labs all associated with law enforcement and the criminal justice system. By Jordan Smith

From this weekend

Cheating scandal fouls NEW YORK state Police test. 

Stealing dope from the crime lab or maybe just drylabbed? Delaware

Miami

National Public Radio: 2014 “Despite Scandals, Nation’s Crime Labs Have Seen Little Change”

A compilation that is not current but shows alarming trends.  Its a combination of thefts of drugs, drylabbed (i.e. faked) lab results, incompetent or ? crime lab workers, and decades use of unvalidated forensic “science” in criminal courts.

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“False or Misleading Forensic Science” and “Official Misconduct” Leading Factors in 1523 Exonerations

The op-ed excerpted below from the HuffPost’s Radley Balko makes the case that prosecutorial misconduct is a major factor in exoneration cases and exists in other criminal convictions. I have added a second category of interest which raises my concern with forensic science’s contributions.

The prosecution category has to do with Brady violations. The judicial and legal organizational responses to violations of Brady are nil. Legal research at the University of Santa Clara in California indicates over 700 cases of prosecutorial misconduct in California courts are on the books  but never punished by either the law profession or the criminal courts where this misconduct occurred.

Here is a chart and statistical data from the National Registry of Exonerations website that identifies “factors” involved in over 1500 exons in the United States. You will see “Official Misconduct ” and ” False or Misleading Forensic Science” as major contributors. Click the chart to enlarge.

Factors-Exon copy

 All areas of contribution.

Among exonerations in specific crime categories:

  • The rate of Perjury or False Accusations is highest in child sex abuse cases (82%) and homicide cases (67%).
  • The rate of Official Misconduct is highest in homicide cases (59%) and child sex abuse cases (46%).
  • The rate of Mistaken Identifications is highest in in Robbery cases (83%) and adult sexual assault cases (73%).
  • The rate of False or Misleading Forensic Evidence is highest in adult sexual assault cases (33%) and child sex abuse cases (23%).
  • The rate of False Confessions is highest in homicide cases (21%).

It is telling that 1/3 of assault cases and 1/4 of child abuse cases leading to false convictions have forensic testimony containing false positive identifications or interpretations of physical evidence. One anecdotal study confirms that a certain type of forensic expertise admitted in homicides and child abuse presents evidence that is nothing more than opinion. This suggests subjective interpretations are occurring in these cases.

But in contrast, the American Academy of Forensic Sciences keeps a “hands-off” approach to such issues. This certainly undermines its approach as a bastion of forensic science standards. It did accept all 13 recommendations of the 2009 National Academy of Sciences regarding “forensic reform.”

The op-ed starts with: 

One of the Supreme Court’s most celebrated criminal procedure decisions turns 50 years old Monday. By a 7-2 vote, the Court ruled in the 1963 case Brady v. Maryland that under the 14th Amendment’s due process clause, prosecutors are obligated to disclose all exculpatory evidence to criminal defendants. “A prosecution that withholds evidence … which, if made available would tend to exculpate him or reduce the penalty helps shape a trial that bears heavily on the defendant,” wrote Justice William O. Douglas in the decision. “That casts the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice.”

Like many of the controversial criminal-justice decisions issued during the tenure of Chief Justice Earl Warren, the popular perception of Brady over the years has been that a prosecutor’s failure to disclose the most minor and insignificant of details to defense attorneys has often resulted in violent criminals “getting off on a technicality.” But a number of studies conducted since the onset of DNA testing in the early 1990s have shown that not only is that not true, but the Brady decision itself — renowned as it is — may have been mostly symbolic and had little practical effect on the day-to-day justice system.

“It simply hasn’t worked,” says Steven Benjamin, president of the National Association of Criminal Defense Lawyers. “Brady violations are a system[atic], everyday problem in the courts. I would say they affect a majority of criminal cases.”

Full article here.

 

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Quality of Forensic Training and Education can be Sketchy

 

Short article on using ISO standards to pick quality continuing education for crime lab personnel. Sometimes what is available may  be no more than “I do it this way” approach. This is apparent in the less than science-based  presentations seen in the American Academy of Forensic Sciences’ program coming up in Orlando, FLA in February, 2015. 

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US Crime Lab woes = police indifference + weak budgets + slow results + privatization in some States

Just a  cross-section of today’s news feeds on the intersection of crime, crime labs, police and justice. Here are the issues.

This entire state’s police force keeps ignoring rape kits. Article from West Washington State.

The police and crime lab lost DUI evidence in a 2 fatal car crash. Defense wants case dismissed. Article from Toronto., Canada.

Merging smaller labs with bigger = ? Larger problems? Article from Omaha.

Money is the root of the crime lab existence. Article from Louisiana.

The future of crime labs. UP to now, this crime lab “doesn’t pay. Same lab in Louisiana Skip the initial pop-up about plumbers.

Hope for crime lab to “speed-up justice.” Details include dumping the state run crime lab for private company. Article from Winston-Salem. 

Fixing up the crime lab roof. Article from South Africa. Remember Pistorus?

 

 

 

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This is endless. Another DA argues that freedom eliminates a man’s attempt to ID the real rapist.

” The revolving door of criminal justice means that once you are in, you can never get out “- ANON

NY Innocence Project attorney, Vanessa Potkin, takes on a DA who objects to post conviction DNA testing of Potkin’s client. The DA thinks “convictions are final” and excuses that, having been released from jail years ago, Harrell is not a candidate for exoneration.  In part, Potkin argues:

“Despite that, Potkin said Harrell’s conviction on the sexual assault charge has thrown up roadblocks to his finding housing and employment because he is on the state’s sex offender registry. His address is displayed readily on the online registry, she points out. And Harrell has twice been incarcerated since serving his sentence because he failed to register his whereabouts with police, a requirement for certain sex offenders under Megan’s Law, Potkin said.” Read the full article here.  via @WrongConvBlog

Readers should remember that the DA works for the county government which would be on the hook for compensation litigation should the rape kit DNA exclude this now ex-con claiming innocence. Costs of wrongful convictions. 

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Another DA hopes to support bad Shaken Baby “science” with legal mumbo-jumbo during appeal

Game of Lawyers: Another DA hoping to support bad forensic sciences with legalistic mumbo jumbo. DA to Appeal Shaken Baby Conviction Reversal  via @WrongConvBlog

The Wrongful Conviction Blog article correctly opines that a higher court’s supporting the banishment of medical support for SBS from this specific case could set a precedent.

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Don’t drink the foxglove tea, slow crime lab production and more police involved shootings being investigated

700 year old murder mystery gets a forensic ending.

700-CNET copy

 

“Evidence data dump” by DA during  innocence litigation hearing not ruled misconduct. The judge was not happy.  

Another DA hoping to support bad forensic sciences with legalistic mumbo jumbo. DA to Appeal Shaken Baby Conviction Reversal http://wp.me/p2224n-50h via @WrongConvBlog

“Forensic dig” for two missing MA children underway. 

Officers fatally shot James Boyd, who was holding two knives, during a hours long standoff in March. Pictures here and here

Another police-caused death. This time by a bean-bag. Victim was 95 years old. 

Crime lab slow to process leads to cancelled prosecutions. 

NY man dies after being released in 2014  from prison after 21 years. Lawyer says he went into prison healthy and came out very sick.

 

 

 

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The unethical rule of politics in the US justice system described as “The Criminalization of Nearly Everything” + Forensic Science News

“The criminalization of nearly everything.” Podcast by journalist Radley Balko explaining the excessive amount and the maze of state and federal laws being overbroad, vague and nearly indefensible for defendants. This system can overwhelm the “presumed innocent until proven guilty” constitutional principle. This is apparent in the current news regarding agencies and organizations “pulling the prosecutorial trigger” without sufficient protections against bias and misconduct. The podcast opening intro is garbled, but Balko comes through loud and clear.  A slide show of talking points is included.

Just awful. Reports say this drug bust netted $60 worth of meth. Undercover cop unknowingly shoots other officer. 

City to Shell out more money ($17 million) in wrongful convictions in NYC by disgraced cop. 

The “boxing champ” of Sing-Sing gets a secret settlement from NY about his wrongful conviction.

2007 rape kit found in police refrigerator. 

Another case of police arresting for “obstruction” when they are filming law enforcement. DA later says there is no PC to charge photo-taking as a crime. 

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Disposable civil rights when Whites accuse Blacks

Seldom heard stories of lost freedoms caused by white eyewitnesses, police, forensic labs and prosecutors impuning constitutonal rights. This is from the black side of the courtroom.

10 Egregious Cases of White People Falsely Accusing Black People of Committing Crimes

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Forensics in Focus @csidds | Feb 24, 2014| Years Old DNA Testing vs Current DNA Testing | A case of first impression?

Followup from last post about DNA double-speak from myopic (or worse) District Attorneys.

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

 MONDAY FEB 24, 2014

CRIME LABs: New DNA TECH vs “outdated”  DNA methods

The history of DNA technology, its standards and population statistics use in criminal courts goes back to the time (and earlier) of this original trial. This should be interesting to say the least. According to this appellate litigation strategy, early DNA claims of specificity (using RFLP, I assume) may vary when compared to PCR and STR profiling in use today. Any variance could be ruled not material by the judge (a true “non-science” kinda guy) and fail to overturn the conviction (i.e. this variance “would not have changed the outcome of the trial). The article, however, does not describe the DNA method being scrutinized but “retesting the test” theory seems thin, absent the scenario where the crime lab itself flubbed up.

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THE CASE WITH LEGAL ARGUMENT FROM BOTH PROSECUTION AND DEFENSE COUNSEL.

A…

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