Forensics : NY ADA in Bitemark Case, Melissa Mourges, an advocate for Bitemarks IDs, Gets a Free Lunch.

The NY ADA promoting the “science” of bitemark aided convictions has accepted an invitation. The AAFS and the US pro-bitemark posse, the ABFO, will underwrite  her visit to the next annual meeting in 2014 in Seattle. You better get expenses paid in advance Melissa, the ABFO is NSF at their bank. Im sure you will be more professional than your last visit to an AAFS meeting in DC, where you heckled researchers whose scientific  findings did not agree with your brand of “science.”.

Posted in Bitemarks, Forensic Science | Tagged , , | 2 Comments

#Forensic #Exoneration in NJ rejects bitemark IDs but NY still uses bitemark proofs in upcoming trial.

Why does the US judicial system, (adhering to its fragmented and often contradictory judicial opinions) and still claiming to be the protector of human rights and life and liberty of its citizens, put up with a defective product known to cause erroneous judicial outcomes? Recent bitemark acceptance in a NYC court  allowed bite mark dentists into an upcoming murder trial. The NY judge stated bite mark evidence “comports” with the established rules of evidence for the state. New York courts use the Frye standard, which got rid of lie detectors in court in 1923. This was “cutting edge”  ………90 years ago….

That means the bitemark dentists will say the “bitemark matches the defendant’s teeth.”  Just as effective as a DNA match?  Yes it is unless the judge limits what these dentists can testify about in front of the jury.

Let’s take a short trip across the river from the Manhattan trial, and observe something about bite marks that has occurred in New Jersey criminal court.

A New Jersey criminal defendant has just been exonerated of murder after a post-conviction hearing. Its been decades since the original trial. The defendant in this new hearing demanded his release arguing new DNA evidence should exonerate him and release him from prison. The DA vigorously objected to the defendant’s attorney, Vanessa Potkin of the NY Innocence Project, claims of “actual innocence.” The DA had bite mark evidence (from the original trial) supporting the defendant’s guilt and criminality from a dentist.

19 years ago, a bitemark “match” was the equivalent of a DNA “match” in the forensic parlance. It is still being argued that way in the New York case which is coming to trial.

The NJ DA stated in rebuttal at the hearing  that unknown male DNA profiles taken from the victim’s body (fingernails and sexual assault kit) were insufficient to overturn a second conviction based on assault (remembering the bitemark). The NJ court of appeals had earlier accepted the DNA as exonerating proof of the murder charge regardless of the dentist at the original trial stating “Mr. Richardson bit the victim.”

It appears that in NJ higher court does not accept bitemark identification as independent proof of murder. Unless you are a District Attorney.

The NJ DA’s dentist is an ABFO member and a colleague of Dr. Lowell Levine of Albany New York. In fact Dr. Levine has recently been educating police investigators in particular cases using bite mark evidence. In this link, he describes to the audience about his method of “adjusting” bite  mark images due to discrepancies between the defendant and the bitemark evidence. That is absolutely a no no in the field of pattern analysis as there is no literature validating this technique.

The NY DA has also called upon the ABFOs finest to argue the validity of bitemark identification.

What a difference a few miles make in how the US judiciary interprets forensic “science.”

 
Read the comments from the NJ defendant now out on bail.
http://abcnews.go.com/m/story?id=20721283

Posted in Bad Forensic Science, Bitemarks, criminal justice, wrongful convictions | Tagged , , , , , , , | Leave a comment

#Forensic #Science: “Locard’s Exchange Principle” takes a hit from a New Jersey DA overwhelmed by #DNA #Exoneration

The scientific sleuths form the past and present must be rolling over in their condominiums. See Richardson. The transfer of physical or biological material between two separate sources (in biology think spitting on your hands before swinging at a baseball pitch) is a pivotal area of crime scene investigation. Crime Scene 101 curriculua always makes this the “holy grail” of CSI paradigms. In reality and fiction (as seen on ABC)  forensic investigation,  Locard’s principle holds that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and that both can be used as forensic evidence.

This snippet of knowledge is not the entire story. There are various scenarios of transfer “science.”

1) Mutual transfer: Two contacting surfaces, objects, or substrates (anything that can collect or retain the material) leave particulates (i.e., paint chips, skin cells, saliva from mutual kissing). This is the “exchange” aspect.

2) Unilateral exchange: Only one-way transfer occurs. In “trace evidence” parlance, the “source” (actually a person of interest or objects in his possession) suspected of a crime is compared to the particulate material recovered from the crime scene.

3) Multiple unilateral exchange: This is could be both hair and DNA from semen, sweat from skin, blood or saliva left at the crime scene or victim which is recovered. Each item is separately analysed for its DNA content.

4) All of the above scenarios can be made more challenging if analytical results reveal more than one source (i.e. a perpetrator’s profile) being  recovered from the crime scene indicating violent contact with a victim. This would be multiple DNA profiles from the same physical locations (i.e. blood mixtures) on the victims body.

In the best scenario, DNA evidence would be all that could be necessary to solve the case. Chaos ensues when all the testing (DNA, toolmark, bitemark, hair comparison, paint and fiber evidence derived from Locard’s historical observations conflict. Recall that Locard was silent regarding the power and reliability of analyses brought to bear on the “exchanged” or transferred material. He was only talking about the collection part of the puzzle.

The use aspect of conflicting forensic evidence in the Richardson exoneration litigation happening in New Jersey is testing the court’s scientific sophistication and critical thinking. In the lawyer arena, the New Jersey DA is claiming the mixture of DNA (from an unknown male) recovered from a bite injury (claimed to be the defendant by a dentist) is explainable and still favors a new trial for crimes against the victim.

In simple terms, the crime scene perpetrator (Richardson) had an accomplice who spit on the victim’s body, either BEFORE or AFTER being bitten by Richarson. It also assumes the biter (Richardson) could bite and someone else’s saliva is all that remains. Readers of crime fiction would read this blockbuster plotline and just laugh. A lawyer’s s response to a scientific conflict is to create a “phantom” criminal at the end of the story.  Really?

Mssr. Locard would be disappointed.

http://www.nj.com/somerset/index.ssf/2013/10/prosecutors_say_they_wont_oppose_vacating_nearly_20-year-old_murder_conviction_in_light_of_new_dna_e.html

Posted in Bitemarks, Community Dentistry, criminal justice, Forensic Science, wrongful convictions | Tagged , , , , | 1 Comment

#Forensic Fiction: A DA’s desperate attempt to save her case in #NewJersey #DNA #exoneration

News Release: Go to the link to read a New Jersey DA’s ridiculous statement saying the DNA from a bitemark injury (vacating a wrongful conviction) should NOT be used to “impune the reliability” of an ABFO bitemark expert and his “methods” which both helped convict this innocent man in original trial. The DA says “there is no authority” preventing use of the bitemark pattern in a potential new trial. She’s a scientific idiot and is not telling the truth to the court. The NAS report in 2009 informed the US Congress that bitemarks are unreliable for matching to a suspects teeth.

Now go the this link.
http://www.nj.com/somerset/index.ssf/2013/10/prosecutors_say_they_wont_oppose_vacating_nearly_20-year-old_murder_conviction_in_light_of_new_dna_e.html

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Despite unknown DNA from murder weapon: Other unreliable Forensic Evidence continues 20 year incarceration

The story continues of US judicial ignorance of scientific advances and what is “innocence.”  Judges continue to adopt prosecutorial advocacy themes of “guilt regardless.”  At the appellate level,  erroneous forensic testimony from over-reaching experts , once presented as “scientifically certain” at trial,  become “harmless error” or “merely opinion,” when the scientific truth comes out years later.

Bjerkhoel,-Alissa.jpg

Alissa Bjerkhoel is a staff attorney at the California Innocence Project and her presentation at the 2013 American Academy of Forensic Sciences about William Richards’ decades long litigation is the focus of this blog. Dentists involved in Richards’ conviction and his attempts for exoneration were present in the audience. Multiple cases of exonerations after mistaken bitemark assisted convictions are also presented. Beware: Actual crime science photos are within.

BJERKHOEL.presentation.AAFS.pdf

Posted in Bite Marks, Bitemarks, criminal justice, expert testimony, Forensic Science, forensic testimony, William Richards Exoneration Case, wrongful convictions | Tagged , , , , , , | 1 Comment

Is there something you’ve always wanted to ask someone who has been wrongly convicted?

Is there something you’ve always wanted to ask someone who has been wrongly convicted? This Thursday, October 24 at 7 pm Eastern / 4 pm Pacific, exoneree Raymond Santana will be on Reddit.com to answer your questions as part of their popular “Ask Me Anything” series. Raymond was one of the “Central Park Five” teenagers who was wrongfully convicted of raping a jogger in Central Park in 1989 in a case that drew national attention. The young men were exonerated in 2002 when DNA testing proved that another man was the sole perpetrator.

SantanaAMAEmailThe full Innocence Project blog article is here.

You can watch a video interview with Raymond here. This online event is a rare opportunity to ask questions of an exoneree about the experience of being wrongfully convicted and the long struggle to win justice. If you have questions for Raymond, we hope you’ll join us tomorrow night. You can find the URL for the conversation once it’s live at innocenceproject.org/SantanaAMA.

 

 

 

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Forensic Dentistry: Examination of Elder and Child Abuse

USC copy

A presentation showing population data and clinical cases of physical abuse on elders and children. The material has been used in the forensic science curricula at the University of Southern California Ostrow School of Dentistry in Los Angeles, CA USA.
Photo credits: Dr. John McDowell, Dr. Mike Bowers
Elder and Child Abuse – USC.pdf   (Its 14 MB and takes about 1 – 2 minutes to download).

51thlZGjvsL_003 Available here at Amazon.com (2013)

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Another DA ignores DNA exclusion results from a bitemark

News Release: Go to next link to read a DAs ridiculous statement saying the DNA from a bitemark injury (vacating a wrong conviction) should NOT be used to “impune the reliability of” an ABFO bitemark expert and his “methods” who helped convict this innocent man in original trial. The DA says “there is no authority” preventing use of the bitemark pattern at a potential new trial. She’s an idiot and not telling the truth to the court. The NAS report in 2009 informed the US Congress that bitemarks are unreliable for matching to a suspects teeth.

Now go the this link. Below on this page is a a previous blob on this case.
http://www.nj.com/somerset/index.ssf/2013/10/prosecutors_say_they_wont_oppose_vacating_nearly_20-year-old_murder_conviction_in_light_of_new_dna_e.html

When a DA’s case gets reversed based on DNA just call on an ABFO “valid bitemark scientist.”
http://blog.nj.com/perspective/2013/10/the_hard_road_to_innocence_opi.html
There is a growing but at the same time ridiculous list of responses by District Attorney’s facing conviction cases kicked back for retrial or release of the wrongfully convicted.  Some appellate courts take their science seriously (not in California), and when post conviction DNA from a victim’s body, (in the above Richardson case its a BITEMARK), the DAs (not always) tasked to save the day argue for retrials (obstructing the exoneration) based on the disingenuous hypothesis of a “phantom” accomplice present at the time of the crime. In other words, they ignore crime scene DNA they originally failed to collect and analyze.

Many times the defendant’s request for post conviction testing is held up for years. New legislation in some states have streamlined this process.

These prosecution “theoreticians” use whatever was left over from trial (after the appellate remand) as being sufficient to reconvict  “beyond a reasonable doubt.” 

This is where the convicting dentists are brought back to life to counter the DNA. Few dentists jerked back into this post conviction “penalty box” ever recant or admit over reaching with this unvalidated (NAS 2009) evidence. If anything, they are prone to “double down” on their original statements.

Noticing this common thread is easy, as the LIST of bitemark opinions quashed by DNA has grown to its own unacceptable (not for the ABFO leadership) level in recent years. Description of Bite Mark Exonerations and Arrests

Posted in Bite Marks, Bitemarks, criminal justice, CSI | Tagged , , , , , | 1 Comment

Forensic Testimony: New text book on ethical practices vs. wrongful convictions

51thlZGjvsL_003

Expert witness books tend to be dry and strictly formulative in style. Most provide lists of evidence rules (in mind-numbing legalese) and tips about being clever and convincing in court. You won’t find much of that in Forensic Testimony: Science, Law and Forensic Evidence.

This book focuses on the responsibilities of witnesses going into courts to speak on their forensic technical expertise and analyses.Forensic Testimony does have a broad view of legal terms and vocabulary available as a glossary, but each of the 12 chapters take on the hard subjects present in today’s cases, courtrooms, and news media. Information regarding “junk” versus “established or validated” forensic subjects. These topics are sharply discussed and cover subjects such as forensic fraud, forensic negligence, and incompetence. So expect the “good” with the “bad” as this book shows why the NAS 2009 report of “Strengthening Forensic Science in the United States” has been singularly ignored by most forensic practitioner groups. This is a true failure of effect never seen in the history of the National Research Council researchers of the NAS (formed in 1916 to provide independent scientific advice for the US government). Full documentation of failures of individual experts and some less than scientifically validated forensics are compared to proper conduct, attitude and presentation of actual “scientific data” versus personal opinion. The fallacy in forensic circles that “it’s not real science but we still do good work” is thrown against cases of criminal exonerations after erroneous convictions aided by misguided forensic experts and their “court-accepted” but “not so validated” methods.

In closing, Forensic Testimony should be an eye-opener for students studying criminal justice and forensic science. The old-guard forensic experts (and their progeny) are well described as they continue to preach their self-righteous claims of 100% accuracy and service to their communities as a substitute for proper validation. Prosecution lawyers and their opponents in the Criminal Defense bar will learn about how wrongful convictions are occurring throughout the US justice system when bad forensics or overreaching forensic experts participate in courts. Judges interested in education and legal research should find the book stimulating with its content of case-based critique of expert witnesses calling themselves “scientists” but lacking a grasp of the scientific method as support.

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Criminal Justice: Misconduct prosecutors are anonymous in higher court records

Since prosecutor’s can’t be sued because of the SCOTUS Connick immunity decision, redacted or  “confidental” higher courts’ rulings do not name a DA’s misconduct, (see Radley Balko‘s article below) is yet another prong of prosecutorial self protection. No wonder it takes on the average 13 years to exonerate an innocent defendant. The appellate opinions don’t identify who the bad DA’s are in the system.

TOTAL DNA exons are at 312. @cisdds

The Balko article is here.

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