FORENSICS: Time to Look Back 5 years. Scientific Status and NRC (NAS) Comments in “Identification from Bitemarks”

Nothing can more chilling than what is going on in forensics over the last 5 years.   Certain national forensic organizations have and are still being investigated by US federal, Congressional or executive agencies or committees.

Certain forensic disciplines are no different. Interestingly, some groups step up to the plate and become proactive and participate in public discussions (as in the National Commission on Forensic Science), while others deny faults and object or become mute or nasty.

I’ve been getting nasty looks and comments for years from the pro-bitemark ID groups around the world. It seems to all have begun in 1999 when I was asked to co-author a chapter called  “Identification from Bitemarks.’ This chapter is  in a series of volumes published by West (law) Publishing Inc. It is still being updated and available. The total compendium is called “Modern Scientific Evidence: The Law and Science of Expert Testimony.” Both were a mainstay reference of the 2009 NRC (NAS) report.

This link MSE_Ch_37_Bitemarks will allow the reader to a previous iteration of Ch 37 “Identification from Bitemarks.” Hot topics include:

Legal Issues.

37:7 erroneous identification and convictions

Scientific Issues. 

37.11: NRC (NAS) Report on Odontology.

37:12: Scientific status and proficiency testing.

37:13: Error rates.

37E: National Research Counsel Comments.

 

 

 

 

 

 

 

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Bitemarks and Wrongful Executions: Law Prof Considers the Connection

One of three of the most popular CSIDDS posts on the hoax of bitemark experts and the AAFS ignoring evidence of forensic failures.

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

A law professor has an impressive blog post that elaborates on the dangers of bad forensic science leading to executions of innocent defendants.  Read it here. He also has a few things to say about bitemark identification. A recent bitemark case interests him and he’s got some  points similar to mine. A synopsis of my bitemark travels follows below. I wish I could find a prosecutor with enough savvy to figure this stuff out and be just astute enough to be reasonable about it. One must go to Australia to find a judiciary that has learned from its mistakes  (starting in 1986).

I have been involved in multiple cases where bite mark identification was admitted by prosecutors  as “scientific” evidence to convict. Many have been at the trial court level where I have opposed the “elite” members within the forensic bitemark association connection,  AAFS/ABFO. I…

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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

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? One problem. The American Academy of Forensic Sciences still considers bitemark identification a science. An AAFS audit of the American Board of Forensic Odontology’s casework tragedies would surely cause them trepidation. Here’s another trepidation they are experiencing.  ===================================

Delaware Medical Examiner fired after mishandled evidence.

“Registry of Prosecutorial Misconduct” project is launched. In response to courts lack of disciplinary oversight.

Excellent blog from the California Innocence Project . Cases explain why the “Registry of Prosecutorial Misconduct” was created. One case has a miscreant DA being found protected from censure because “a conviction would have ended her career.” The defendant had been in prison for 13 years.

Inside the judicial cloakroom. Prolific and outspoken 7th Circuit judge Richard Posner talks about judging.

In one study, judges allowed DA experts 95% of the time, but allowed defense experts 7.8% of the time. Bias much?

UK: Mobile forensic science units prevents botched crime scene collection. Lowers pendings from 75,000 to 13,000

Discussion on dishonest prosecutions, factual innocence and capital punishment.

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Forensic Science White Wash: Why do US forensic associations continue to ignore the risks of more erroneous convictions ?

Answer: Its not in their agenda to admit mistakes and they most assuredly hate criticism.

The  National Commission on the Forensic Sciences is the effect of the AAFS and other groups in failing to  initiate their own investigations of these exonerations and the forensic disciplines implicated in false convictions.

But their excitement about so many of their members being placed on the NCFS is truly joyful.

Watch this PBS show. It is very relevant today.

With major contributors from the forensic science community, this in-depth PBS from 2012 presentation discussed the strengths and weaknesses of forensic examiners and their effects on the US judicial system. Erroneous convictions involving bite mark identification and other “impression evidence” are one of its points of focus.

Here is an excerpt from the opening page:

=============================================

“Program Description
There is a startling gap between the glamorous television world of “CSI” and the gritty reality of the forensic crime lab. With few established scientific standards, no central oversight, and poor regulation of examiners, forensics in the U.S. is in a state of crisis. In “Forensics on Trial,” NOVA investigates how modern forensics, including the analysis of fingerprints, bite marks, ballistics, hair, and tool marks, can send innocent men and women to prison—and sometimes even to death row. Shockingly, of more than 250 (note: the 2014 number exceeds 310)  inmates exonerated by DNA testing over the last decade, more than 50 percent of the wrongful convictions stemmed from invalid or improperly handled forensic science. With the help of vivid recreations of actual trials and cases, NOVA will investigate today’s shaky state of crime science as well as cutting-edge solutions that could help investigators put the real criminals behind bars.

http://www.pbs.org/wgbh/nova/tech/forensi

 

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Bitemark Case Law: The Judicial failure by accepting bitemark experts as “qualified to identify” defendants

Risks to public safety from bad forensic “science” has the US courts system partly responsible. Courts allow over-reaching prosecutors to use these experts in order to convict.

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

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“Bitemark Identification” acceptance stems from this list of appellate cases starting in 1975 (Marx). This is a short list of the seminal cases (allowing the jury of decide the evidence declared to be science) that flowed from this first appellate decision from California. The glaring inability of the courts to separate these dentists’ mere opinion from science-determined practices is truly the story of how junk science gets into our criminal and civil court system. Many of the dentists listed as experts are/were members of the AAFS/ABFO consortium of forensic “scientists.”

Excerpts from 25 Appeal Court decisions in which appeal of bitemark evidence admissibility was denied.

People v. Marx, 54 Cal. App. 3d 100 – Cal: Court of Appeals, 2nd Appellate Dist., 5th Div.

Three dentists testified on behalf of prosecution. One dentist testified on behalf of defendant. The three prosecution experts were: Reidar Sognnaes, a dentist and professor at UCLA…

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#Forensics : DAs insensate arguments in compensation hearing for wrongfully convicted Damon Thibodeaux: Louisiana

I think DA Harry Connick’s argument opposing this guy’s $250,000 for 15 years in prison boils down to a few bullet points DA’s must learn in law school.

“Once a suspect always a suspect.”

Or, “once in prison, he must have been guilty of something.”

Or, “this exoneration looks bad, and how do you spel exoneration?”

To read further  

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More junk fire evidence under review in TX.

‘Junk Science’ Bill Could Overturn Fort Stockton Woman’s Murder – KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com http://www.newswest9.com/story/25909404/junk-science-bill-could-overturn-fort-stockton-womans-murder-conviction#.U7QVo8sPIC0.twitter

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New #forensic fire science debunks old convictio

The ghost of Todd Willingham. New science may cause father’s murder conviction in presumed 1989 arson to be revisited http://po.st/u7RXW8 via @phillydotcom

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#Forensics – Body part snatchers in Norway, faked DNA results in Houston, and more…

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Shades of Burke and Hare in 1800  Edinburgh. Body snatching in Norway. Or maybe its “body part” snatching.” Researchers removed organs from 1,000 dead Norwegians without consent http://tinyurl.com/oz3o7u8  via @allvoices

Criminals leave no prints behind. Over 30,000 PA suspects and felons unrecorded by police chiefs.  

Brooklyn DA Thompson Confirms Ex-Prosecutor Hynes Shredded Documents 

San Jose case casts doubts on DNA evidence. Cross contamination from paramedics at scene. 

Inside a crime lab. Report: Lab tech knew procedures weren’t heeded 

The sad saga of Ernest Cloud. The Louisiana Supreme Court issues another horrendous ruling. Thank you Andrew Cohen.

Funds Help Baby Blown Up In Crib By Grenade Hurled By SWAT Team

Massachusetts SWAT Teams Claim They’re Private Corporations To Get Out Of Transparency Requests 

With a history of crime lab mismanagement, this may be the wrong guy to promote. 

LA; Lawyers say man freed after wrongful conviction is tip of the iceberg. Innocence Project New Orleans  has 4000 applications needing help. 

Ex-crime lab analyst told Houston lab colleagues of wrongdoing 

Time for the bite investigators. Some Photoshop reel gud. 

Private lab may have mixed up 100s of DWI samples. “People do make mistakes, but….seems a little bit more systemic,” 

Another $40 million wrongful conviction settlement. This time in Illinois. Again. 

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#Forensics – Body Snatching in Norway, Dishonest ex-Brooklyn DA, Crime Scene DNA Contamination, Faked Crime Lab Results

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Shades of Burke and Hare in 1800  Edinburgh. Body snatching in Norway. Or maybe its “body part” snatching.” Researchers removed organs from 1,000 dead Norwegians without consent http://tinyurl.com/oz3o7u8  via @allvoices

Criminals leave no prints behind. Over 30,000 PA suspects and felons unrecorded by police chiefs.  

Brooklyn DA Thompson Confirms Ex-Prosecutor Hynes Shredded Documents 

San Jose case casts doubts on DNA evidence. Cross contamination from paramedics at scene. 

Inside a crime lab. Report: Lab tech knew procedures weren’t heeded 

The sad saga of Ernest Cloud. The Louisiana Supreme Court issues another horrendous ruling. Thank you Andrew Cohen.

Funds Help Baby Blown Up In Crib By Grenade Hurled By SWAT Team

Massachusetts SWAT Teams Claim They’re Private Corporations To Get Out Of Transparency Requests 

With a history of crime lab mismanagement, this may be the wrong guy to promote. 

LA; Lawyers say man freed after wrongful conviction is tip of the iceberg. Innocence Project New Orleans  has 4000 applications needing help. 

Ex-crime lab analyst told Houston lab colleagues of wrongdoing 

Time for the bite investigators. Some Photoshop reel gud. 

Private lab may have mixed up 100s of DWI samples. “People do make mistakes, but….seems a little bit more systemic,” 

Another $40 million wrongful conviction settlement. This time in Illinois. Again. 

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