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

Posted on July 10, 2014 by csidds

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:

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“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

Posted on July 4, 2014 by csidds

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

Posted on July 2, 2014 by csidds

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.

Posted on July 2, 2014 by csidds

‘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

Posted on July 1, 2014 by csidds

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…

Posted on July 1, 2014 by csidds

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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

Posted on June 30, 2014 by csidds

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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 – Data-driven forensic science versus the Sherlock Holmes “ipse dixit” version in use today

Posted on June 24, 2014 by csidds

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Personal experience tells us that being a “smart consumer,” means we should use products and goods that have been tested at the factory, retested by the government (FDA, Dept. of Transportation, Consumer Digest, Ralph Nader (sorta ) and other independent means rather than the seller’s promises of ” use XXY toothpaste and get the cleanest teeth ever.” As we found out that the Chinese cleaning agent is leadbased substances. Even after proper scrutiny the public gets the short end of the reliability stick. Some even die from defective machinery (GM) where allegations of cover-ups still appear in the media.

Using the above scheme in a criminal justice context, I would say the general public is our consumer market for justice. Our Constitution and its progeny (subsequent amendments, interpretive case law and statutory regulation)  acts as a road map (blue print) for public and individual protections from overbearing an insensitive state or federal governmental structure. Of course all of this social policy stuff takes a few centuries to even things out. Science is generally not a part of this recipe. Until maybe 1993 or so when the fed courts came up with a quasi “scientific” threshold for the courts to use (the Daubert standards) that has been legally interpreted (or ignored or misunderstood) since in so many jurisdictions as to make one’s head spin.

A fairly recent trial scenario involved the clash between (1) “ipse dixit” forensics, (2) a newer technique that allows measurements which creates “data” and (3)  this technique being used to distort the  “data.”

All in one case. All three were accepted in the same court room.

This boils down to:

(1) having no data the first forensic expert says “trust me, I can see what I am talking about,” (2) a second expert, using a validated commercially used photo program  creating  data in opposition, (3) a third forensic expert, using the same program, “cooking” the data to support expert (1).

The trial judge chose (1) and (3) to be “credible.”

Now, whose fault is that? Read the following Law Review article on this question.

USC Law Review_Murphy holds the opinion that the  judiciary has been inept (or at least unprepared to handle “First Generation” forensics (the “believe what I say” kind)  and is pessimistic the “Second Generation” forensics conversion, which is the 1G  struggling to achieve quantifiable, measurable, and reproducible opinions (the scientific method). Added by me.  1G and 2G are  still “fakeable.” See this week’s latest on that last part……. 

DNA technician allegedly tampered with records at Houston crime lab

DNA Lab Fraud in TX. Fast forward to just past the 80 minute mark

 

 

 

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Republican Governors Association and The South Carolina GOP Launch Campaign Demonizing Candidate For His Work As A Criminal Defense Lawyer

Posted on June 23, 2014 by csidds

More on revoking a defendants right to a fair defense.

jonathanturley's avatarJONATHAN TURLEY

396240_10150561221141731_1338208520_n220px-Vincent_SheheenWe have recently discussed attacks on lawyers for simply doing their jobs in representing accused individuals. It is truly vile and McCarthyist trend that seeks to punish professional working within our criminal justice system. It is particularly offensive therefore when a large, presumably respectable organization unleashed such an attack. However, that is precisely what the Republican Governors Association has done in the attack ad below against State Senator Vincent Sheheen (left) who is being opposed because he represented people accused of crimes. To its credit, the South Carolina Bar Association has stepped forward to denounce the ad as containing “uncivil, misleading political rhetoric.” It is a shameful and shocking ad that attacks the very notion of due process guaranteed by our Constitution. The ad is designed to help Gov. Nikki Haley in her reelection campaign.

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How NOT to do a forensic interview. From 2004.

Posted on June 23, 2014 by csidds

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Sometimes being interviewed can result in unexpected consequences. Try one of my best, from 2004. The Q and A format is trite but provided me with some opportunities. 

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“Dr. Bowers has an amazingly good sense of humor. We requested him to answer some questions in short, so our readers could know him better. Here is what he has come up with:”

 Calling in life :The phone is busy

First award :Driver’s license

First book:Cat in the Hat for Dummies

Greatest inspiration:Bill Gates

Greatest love of my life: Judy Garland in Wizard of Oz

I am most sensitive about: My feet

I am passionate about:My sleep

I am superstitious about: It is bad luck to be superstitious

I don’t compromise with: You decide

I hate: Squeaky chalk boards

I look forward to: Waking up

I Love: Sleeping in late when I am 4 time zones from home.

I would like to be marooned on a desert island with: Satellite TV.

If I could change one thing about my family, it would be: I would be younger than they are.

If I could change one thing about myself, it would be: Have more choices

If I could change one thing about the world, it would be: Make it a happier place

My biggest assets: What’s that??

My biggest fear: Doing this interview

My Birthday: Seems to be every other month.

My current state of mind: The State of Confusion which is next to Rhode Island.

My favorite bedroom line: Nylon or hemp.

My favorite food: Any

My favorite one-liner: I don’t do jokes

My favorite possession: Commemorative underwear from Super Bowl XXIX.

My favorite quote: Do this over (inside joke from Dental School)

My favorite journey/holiday: Occurs frequently due to my mind drifting off somewhere without me.

My greatest extravagance: Eye shadow from Mary Kay Cosmetics.

My greatest necessity: Daily bathing.

My greatest regret: Weekly bathing.

My Hero: The guy who invented peanut butter.

My idea of perfect happiness: Guilt free peanut butter; extra crunchy.

My life’s mantra: When in doubt, go to sleep.

My most treasured possession: Any money my wife leaves in my wallet.

My sex appeal: Appears to have already been peeled and eaten.

My spice: Old

My strength: A determination to finish this interview.

My wildest fantasy: Any one actually reading this.

Place Of Birth: Hearsay statements place this in California sometimes after the Gold Rush of 1849.

Real Name: Ferdinand Marcos Jr

The move/case/book that kick started my career: S. Holmes

What touches me most: Generally my belt buckle.

When or where was I happiest: Getting overly wine tested in Switzerland.

Where do I see myself five years down the line: Standing looking at the other end of the line.

Who or what would I like to be born as in my next life: A sentient being

 

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