#Disputed : #Ferguson Policeman Darren Wilson received injuries during encounter with #Michael #Brown: Facial Fractures

Forensic aspects of the Mike Brown officer-involved shooting predominate this post.
Effort by US DOJ in Mike Brown shooting actually unprecedented in a domestic single incident criminal investigations. 
 Officer Darren Wilson injured during encounter with Mike Brown. Please note: This blogger uses no attribution to this information other than a 3rd party “source. As of today, Aug 20, 2014, some folks do not buy it. General proof used is that Officer Wilson was seen walking around Ferguson after the shooting. This won’t be cleared up for a while.
My Opinion: Three autopsies, the US DOJ, FBI, and at least 3 LE agencies will create amazing courtroom stories of “who has the evidence?”

Multiple autopsies like those in Michael Brown’s death are unusual, but not unprecedented 

Some background on pathologist Michael Baden 

Michael Baden, celebrity med exam: Cases include OJ, Phil Spector, Savio, Von Bulow, even JFK – & now Michael Brown. 

John Jay forensic Ph.D expresses opinions on “excessive force” issue in Ferguson case.  Similar court cases don’t often agree with his “1 vs 6 shot” idea. 

All out FBI blitz of Ferguson should bring the local police in full view re: recognition and preservation of crime scene evidence.

Now we will have a fed appointed ME do the next post. We still havent seen the first post. Expect a battle of experts soon. DOJ will not release its report until the entire civil rights investigation is finished (this is how the feds got into the case: via a possible  Sec.1983 civil rights violation).

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Forensic Science Misconduct, Deceit and Solutions

PrintandBook

Within the following excellent article are examples of how forensic experts can mislead juries by using, either intentionally or by simple error, incorrect statements “couched” as ‘science.’  I would add that there are examples where experts address the courts and juries with pure fabricated falsehoods. These people sound legit, many times self-cite their own “work” or “work” from a single source  and hide from their audiences any semblance of honest academic and research. Readers can expect, in the near future, an expose on this specific topic via use of court transcripts of a criminal case. You will read the absolute truth of what happens in courts when a forensic ‘science’ takes root in the legal system using decades of non-science assumptions and now objects to criticisms of their failures, technical obsolescence and scrutiny of their ‘work.’

In the meantime, here is the opening paragraph of an excellent piece about false forensic science written by the Minnesota Innocence Project.

False testimony, exaggerated statistics, and laboratory fraud have all led to wrongful convictions. Jurors often give forensic science more weight, because it is provided by “experts.” However, when misconduct occurs the added weight is damaging and can lead to wrongful convictions. In some cases, labs and their personnel are not impartial, because they are too closely tied to police and prosecutors. Other times, a criminologist who lacks necessary knowledge may exaggerate findings and does not have to worry about being caught because the lawyer, judge, and jury have no background in the relevant science. In many cases, critical evidence is destroyed making re-testing to uncover the misconduct is impossible.

Read the entire article here. 

 

 

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Just what IS ‘malicious prosecutorial misconduct? How about “criminally negligent?” Plus more on #Forensic #Science

PrintandBook

Brooklyn 36-win 0-loss DA getting heat for a mega-list of alleged misconduct thats ugly but probably not “malicious” http://nydn.us/1mDXPLk

Here’s what “non malicious” prosecutors are all about. They are “negligent.” How about “criminally negligent?  See next.

“altho committing misconduct, the actions of the DAs amount to “negligent rather than malicious.”. http://www.davisvanguard.org/eye-on-the-courts-the-pernicious-specter-of-prosecutorial-misconduct/… via @DavisVanguard

A forensic first in the US! Both sides agree on allowing ballistics assessment in Aaron Hernandez murder case http://shar.es/1nsFeT via @sharethis

More on ‘Proper’ Forensic Science celebratory week. Look at the adjectives about ‘accurate’ and ‘reliable’ forensics.http://www.wbiw.com/state/archive/2014/08/gov-pence-issues-proclamation-declaring-aug-10-16-forensic-science-week.php…

Followup op-ed about the Miami-Dade crime lab’s “little” dust-up. http://smithforensic.blogspot.com/2014/08/broward-crime-lab-kelli-mcdonald-miami.html

The “dust-up” itself. The Start of CSI Effect week. Inside PR look at Miami-Dade’s forensic lab http://m.local10.com/news/inside-look-at-miamidades-forensic-lab/27383532 … Seems to be missing some info on their latest efforts to cleanup their act in certain units.

FedEx’s Drug ‘Conspiracy’: Justice targets another law-abiding business on dubious charges. http://on.wsj.com/1uDPLj5  via @WSJ

Forensics: See how the Sacramento Police Department’s CSI unit do their ‘crime scene’ thing. http://on.news10.net/1oqOUm5  via @news10_ca

Judge tosses murder/arson conviction because the science now “conceded to be little more than superstition” http://huff.to/1B65qfu

Australian forensic team likely to return to E. Ukraine when it is safe. http://www.abc.net.au/news/2014-08-12/mh17-investigation-continue-when-safe-abbott/5664028

Forensic investigators identify 23 MH17 crash victims using fingerprints and dental records – http://www.smh.com.au/world/forensic-investigators-identify-23-mh17-crash-victims-using-fingerprints-and-dental-records-20140809-1027c4.html… via @smh

 

 

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It’s “Proper” Forensic Sci Week, FBI celebrates Dahmer case, and more

tweetThe article is here. 

Forensics | Gov. Pence Issues Proclamation Declaring “Proper” Forensic Science week. That is an interesting disclaimer. I guess its not “Improper” forensic science week. Uhm, there must be a story behind who writes for the governor of Indiana. http://www.wbiw.com/state/archive/2014/08/gov-pence-issues-proclamation-declaring-aug-10-16-forensic-science-week.php …

A couple of US legislators speak  simple truths about  the disconnected  process of forensic science progress. www.washingtonpost.com/opinions/evidence-in-criminal-trials-must-be-based-on-sound-science/2014/08/06/083d940a-1bde-11e4-9b6c-12e30cbe86a3_story.html

More crime lab problems, this time in Columbus, Ohio. http://www.dispatch.com/content/stories/local/2014/08/08/lab-error-might-affect-38-cases.html …

Forensic Testimony: Science, Law and Expert Evidence. For those “CSI” types and those who hire them.

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“FBI – Serial Killers, The FBI and Jeffrey Dahmer.” It all started with a victim escaping Dahmer’s clutches. Not about the FBI tracking him down like J. Edgar Hoover. Most of his victims were homeless and poor. http://www.fbi.gov/news/stories/2014/august/serial-killers-part-7-the-fbi-and-jeffrey-dahmer/serial-killers-part-7-the-fbi-and-jeffrey-dahmer …

California Innocence Project: “See our client Timothy Atkins on the BET show Vindicated tonight at 10pm Pacific.” #XONR8 pic.twitter.com/0hEBEdhvPW

Atkins copy

 

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Doubtful testing in Miama crime lab, lying jail house snitch in Willingham execution, tricky DAs and a really stupid burglar

Its not CSI Miami. Broward Crime Lab Scandal Could Taint Many Cases – http://www.browardpalmbeach.com/2014-08-07/news/broward-crime-lab-scandal-could-taint-many-cases/ …

The FBI crime lab managers might learn from this case. FBI having its own forensic probs and goes after Mingo, WVA with a vengeance in “FBI – Violation of Public Trust”

Digital/Cyber Forensics – Google defends child porn tip-offs to police 

U.S. military ID team in Ukraine to help airliner crash probe – So far only 2 victims identified. 

1938 stand-off between the KKK and African American residents of Lakeland, Florida.

KKK copy

Dredging the Prosecutorial Muck in Orange County http://wp.me/p2224n-4Id  via @WrongConvBlog

Former Arizona prosecutors call for an independent review of Joseph Wood’s two-hour execution: http://azc.cc/1rZFqj3  via @azcentral

A Blog on Junk Science Forensics – At Last! http://wp.me/p2224n-4I0 

What TX did to convict man of arson and murder and then execute him. http://www.themarshallproject.org/2014/08/03/did-texas-execute-an-innocent-man-willingham/ …

Whistleblowing Federal workers tell of retribution by office relocation http://wapo.st/1udqYBY 

Home made booby trap nabs suspect. Think of Laurel and Hardy. http://www.wwltv.com/news/Booby-trap-nabs-suspect-268897221.html …

Ballistics’ “bullet uniqueness” concept to get Daubert reliability hearing in triple murder case – http://goo.gl/alerts/G8NU  #GoogleAlerts

… deputies at the (OCSD) jail “engaged in abhorrent conduct and were derelict in their duties” http://blogs.ocweekly.com/navelgazing/2014/08/thomas_m_goethals_dekraai.php … via @ocweekly

Expect this coming our way? Legislators Ban Media from Crime Scenes in Western Mexico http://shar.es/Lkop7  via @sharethis

Inmate in AZ 2 hour execution got 15x expected dose of meds. http://www.abajournal.com/news/article/inmate_in_two-hour_execution_got_15_times_the_standard_dose_of_drugs_record/ …

 

 

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Top 9 examples of what junk forensic science is all about

Video Shows Controversial Forensic Specialist Michael West Fabricating Bite Marks via

Australian grad student says she can narrow down bullet lead components to specific companies = 97% accuracy. So what? The FBI decommissioned “bullet lead” (actually a misnomer) a few years ago. This research only purports to identify brands of ammunition. How many bullets does Remington etc. make a year? Millions. But m.phys.org calls it a “bullet fingerprint.” 

A new low: potentially thousands of convictions tainted by flawed forensic hair evidence at FBI .

“FBI hair examiners exceeded the limits of science. Over & over again. System issues, not bad apples.” So says UCLA (now under water) Law Professor Jennifer Mnookin. @jmnookin.

FBI refusal to act fairly by not correcting their own mistakes comes down to this: Who “certifies” the FBI lab? I googled “Whitehurst + FBI” for you to show the decades of backstory on this FBI culture. Don’t let anyone  believe their “bad apple” excuse used back in the 90’s. Plus, don’t believe its only limited to the FBI. Bad apples excuse in  bitemarks used to identify perps. 

Bitemarks: Dentist using non existent statistics in a very sad baby case in order to help convict.

The ultimate in non-scientific forensic double speak.  Juries are tasked to understand this?

A cautionary editorial on forensic science misconduct and dirty tricks. 

Hot off the press and popular. The “Forensic Science Avoidance Syndrome” and the “Time traveling Medical Examiner.”

 

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Other stuff:

Must read for baby Whistleblowers. How vague claims in defamation suits are used to shut them up.

Kudos for the current Brooklyn DA and his Conviction Integrity Unit. Well deserved.

 

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Forensics Case of the “Time Traveling Medical Examiner” plus the “Forensic Avoidance Syndrome”

I will lead off with the “peripatetic in time” Mississippi non-forensic pathologist Steven Hayne’s continuing mis-steps in finding ways to express himself in an academic manner. Which nevertheless, always seems to lead to a conviction for murder. A new friend of mine, Ken Melson of the AAFS, I’m sure would call his testimony “vague and inarticulate.” Here is Radley Balko’s latest piece on Hayne.

This is my small contribution to the psychology literature associated with some forensic sciences. I am calling it the “Forensic Science Avoidance Syndrome.” FSAS is a form of cognitive disablement leading to coma when some AAFS recognized  groups (and the AAFS itself) are confronted with proofs that some “science” within their midst is “not science.” The coma phase may dissipate when someone really important calls them out about it. Then speech returns to rather robust CYA topics. It is notable that this can be infectious to the larger population. The final stage requires palliative treatment. The AAFS/ABFO members on the hot seat may be invited to join and/or form various committees which talk into the night. This one group has merit but possesses no enforcement function. Here’s a real  example of FSAS: 

Two false convictions  get no $$ relief from the 3rd Circuit. Judges trying to save government budget and taxpayers saying there is no cause of action for a miscarriage of justice. Something about good faith “juries” thrown in for good measure in the opine. The system protects itself once again.

Calif Innocence Project (at San Diego Cal Western Law)  in action. Video of Tim Atkins’ exoneration.

Bertillon for the 21st C: Facial-recognition tech catches suspect based on similarity to relatives. h/t @elizabeth_joh via @jmnookin.

Child to child bitemarks leads to caregiver’s felony plea bargain. Bites “life-threatening.” I have never heard of anyone being hospitalized for a human bite. Outpatient care, yes.

More on DA integrity units. Brooklyn ‘ground central’ for wrongful conviction claims. One of my most favorite DAs offices. Right next to Forrest Allgood’s in Mississippi. He is the capital punishment icon in that region.

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Forensic Integrity Units: A call to the AAFS for an audit of bitemark cases which have led to false convictions and incarcerations

All I hear from the AAFS is silence on this subject of ABFO bitemark case audit. That’s not good.

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

I have a brief editorial and then this week’s lineup of news links.

For most of us, a defendant’s “right to a fair trial” is a sacrosanct right “arising” from the US Constitution’s 6th Amendment (i.e. the Bill of Rights). It has been modified from the original Framers’ version to include such things as legal representation in criminal matters (Gideon v. Wainwright), discovery of material evidence to be used in any judicial proceedings, Brady, etc. These principles also extends to administrative proceedings using a “fair process” determination. What about this “fair trial” concept when outmoded and improperly tested forensic “science” is used to prosecute which leads to a conviction?” Another way to put it, “Is there a Constitutional right for a defendant to be protected from unvalidated forensics at trial?”

Barry Scheck of the New York Innocence Project speaks on much the same audit topic regarding Prosecutors. How about forensic science?…

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FBI hair comparison fiasco proves non DNA innocence cases are viable, when forensic science advances

CSIDDS JUST ARRIVED AT 7,000 VIEWS. THANKS FOR FOLLOWING!

There are some who think that only DNA testing after criminal convictions can generate an exoneration. Well, that is not exactly true. The FBI has admitted that their decades long use of comparing hair characteristics was faulty. The aftermath to this is threefold: 1) lack of relevant testing within some police sciences and bitemark identification is initiating a slow but assuredly steady march towards standards and limits of use for certain forensic sciences. 2) the public is watching, 3) review of cases of misuse and faulty forensic assumptions are being vigorously reviewed by very dedicated Innocence Projects and similar advocacy groups.

This blog from the Wrongful Conviction Center in Chicago explains what is going on. 

The author Martin Yant describes a case where hair and DNA collided and DNA won again. He suggests that some just consider cases like these as outliers or the “bad apple effect.” Ive heard that before. BITEMARK BAD APPLES. 

* CBI lost piece of evidence in Aurora theater shooting trial 

* How dental records will help identify bodies from MH17 – 

* Remains identified by teeth as teen who disappeared in 2005 

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Forensics : NL experts and Interpol in Action: MH 17 Forensic Recovery Update and More….

*Interpol DVI (Disaster Victim Identification) team and NL team begin initial MH17 victim processing outside rebel Ukraine territory. 200 body count does not match pro- Russian statements on body recovery. Its obvious the crash site needs full processing. Doubt that will happen.
+ MH17 bodies out of rebel area to be prepared for transport to NL. 
*Rebels release train with bodies from downed jet to unknown location, Dutch experts on site find more body parts. 
Aurora mass shooter wants judge to rule on ballistics evidence reliability. 
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