Forensic News
Texas: Criminal Appeals Court Considers Legal Sufficiency of Dog Scent Evidence (7/29/10)
Although methods like dog scent lineups were not mentioned in the National Academy of Sciences report on forensic science, this forensic technique has provided an example of how unreliable techniques can be used in criminal proceedings. The Court of Criminal Appeals, Texas’ highest criminal court, is currently reviewing the legal sufficiency of the dog scent evidence used to convict a defendant. Despite the fact that courts in multiple states have set aside convictions based on dog scent lineups and determined the technique to be untested and unreliable, San Jacinto County Criminal District Attorney Bill Burnett continues to argue for its use. Burnett believes that scent lineups have evidentiary value and should be admissible under less rigorous standards than those that exist for “hard sciences”.
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National: Marijuana Field Test Saves Money, But Is Not Sufficiently Specific (7/28/10)
Duquenois-Levine test is a field test used by police officers to identify marijuana. It is increasingly relied upon as an inexpensive way to test for the drug, but without a confirmatory laboratory test, the D-L test can lead to wrongful convictions because its results can be easily misinterpreted to give positive findings for a variety of non-cannibis plant sources.
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California: Civilian to Take Over Non-Violent Crime Investigations (7/25/10)
In a controversial move, the San Francisco Police Chief is implementing a $955,000 pilot project to introduce civilian investigators to respond to non-violent crimes (like property crimes and break-ins) to free up sworn officers to focus on serious crimes. The civilian i investigators will be trained to interview victims and witnesses, write reports, take crime scene photos and collect fingerprint and DNA evidence.
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Texas: Forensic Science Commission Cites “Flawed Science” in Arson Case (7/24/10)
Members of the state commission investigating a controversial Corsicana arson case in which the man convicted was subsequently executed, acknowledged at a meeting that state and local arson investigators used "flawed science" in determining the blaze had been deliberately set. At question is the duty of the Fire Marshall’s office to correct instances in which faulty determinations of arsons were made after the acceptance of the current modern standard. The Commission plans to return a decision on the inquiries regarding the arson case in October.
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Alabama: Judge Considers Bite Mark Evidence in Capital Case (7/23/10)
A judge will rule whether the prosecution can introduce bite mark evidence in a child murder case. District Attorney Steve Marshall said the bite marks don't directly confirm the identity from where the marks came from, but it can exclude someone as the biter.
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Texas: Forensic Science Commission Examines Arson Case and Others (7/23/10)
The Texas Forensic Science Commission met on July 23 in Houston and discussed the forensic evidence used in the arson convictions of Cameron Todd Willingham and Ernest Willis. Willingham was executed in 2004 for allegedly setting a fire that killed his three children. Before and after his execution, leading experts found that there was no scientific basis for deeming the fire an act of arson. Willis was convicted of arson on very similar evidence but his case took a different direction from Willingham's: he was exonerated and released in 2004.
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National: Leaders of the Forensic Science Community Opine on Change (7/22/10)
The Director of the FBI Laboratory and the current and former presidents of the American Academy of Forensic Sciences opine on the capacity of the forensic science community to change in this Nature Magazine article.
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India: Forensic Techniques Gain Popularity in Settling Marital Spats (7/19/10)
Urban Indian couples are approaching both government and private laboratories to apply polygraphs and DNA profiling to settle marital disagreements. Among the disputes these techniques are to settle are determining a spouse’s loyalty, resolving paternity, and screening a person before an arranged marriage. In addition to the low cost of these services, another reason for this trend in settling marital disputes is the lack of faith that Indians have in their legal system’s ability to resolve issues in a time-sensitive and accurate manner.
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National: Forensic Experts Conclude Mel Gibson Tapes Were Altered (7/17/10)
Forensic audio and video experts hired by a celebrity gossip website determined, after examining the infamous recordings, that the tapes had been tampered with. The experts concluded that the tapes have stops, spaces and gaps and are spliced together and pieced together from multiple conversations. While one of the tapes did appear to contain an entire conversation, the rest pieced together to construct a conversation.
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Australia: National Government Seeks Forensic Science Standards (7/17/10)
The Australian Minister of Home Affairs announced a $454,000 initiative to commission the National Institute of Forensic Science to devise national forensic science standards and a method of implementation. There are currently no uniform Australian or international forensic science standards and the Home Affairs Minister stated that it has led to variations in forensic practices between agencies and laboratories. National standards lead to consistent practices and would ensure uniform approaches, especially in cases that may be drawn from several jurisdictions.
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New York: DNA Sought in Ballot Fraud (7/16/10)
After some Troy voters confirmed their signatures and some information listed on absentee ballot applications had been forged without their knowledge, a special prosecutor is seeking a search warrant to obtain DNA evidence from a number of public officials, suggesting they may be involved in ballot fraud.
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Texas: Deaf Inmate Points to Fingerprint Evidence to Prove Innocence (7/14/10)
In the early 1990’s, a series of sexual assaults in the Dallas area were attributed to a “North Dallas Rapist”. In one case, a 5 year old girl was sexually assaulted when an intruder entered through her window and abducted her. Stephen Brodie, a deaf teenager, was convicted of the crime and has served over 10 years in prison. Police said a fingerprint from the crime scene matches another suspect.
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Minnesota: Mathematical Error May Have Lead to Wrongful DWI Charges (7/12/10)
A calculation error led a Minnesota crime lab to report inflated inflated blood alcohol concentration (BAC) levels in 111 DWI cases. The errors were reported to county prosecutors offices – who must notify defense attorneys.
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North Carolina: Docket Changes to Address Melendez-Diaz Ruling(7/11/10)
Courts in North Carolina’s Forsyth County have been slowed by the U.S. Supreme Court’s ruling in Melendez-Diaz v. Massachusetts – a decision that gives defendants the right to call lab analysts when the results of tests are being presented as evidence. To avoid a serious slowdown, a district judge has streamlined the docket so people charged with driving under the influence are called to appear fewer times in court.
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Kansas: Judge Rules that Fingerprint Cards Cannot be Tested for DNA (7/10/10)
A man convicted of a 1977 murder requested that fingerprint cards from prints found at the crime scene be tested for DNA. The fingerprints do not match the man who was convicted of the crime and has not been matched to anyone else. Based on testimony from a DNA analyst, the judge ruled against the request for DNA testing on the fingerprints after an expert testified that the tests could not produce viable test results. However, the judge also ruled that the fingerprint cards be protected until an expert could complete such testing.
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National: iPhones Act as iWitness for Police (7/9/10)
Because very few people know how to effectively erase data from their smartphone, these devices are becoming increasingly valuable sources of information for police when recovered from crime scenes or suspects. iPhones lend themselves to data extraction while the RIM BlackBerry is considered to be on the other side of the spectrum. It is believed that the new Android phones will also facilitate forensic investigations.
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Illinois: Kane County to Consider Replacing Coroner with Medical Examiner (7/8/10)
Kane County officials will hold a special meeting to discuss whether to replace their elected coroner with a medical examiner. Although the county began researching the idea of going to a medical examiner system several years ago, the discussion has been accelerated due to alleged misconduct by the current coroner. If approved, the referendum will be put on the November ballot and changes will take effect in 2012.
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Pennsylvania: Canine Bite Mark Evidence Introduced in Court (7/8/10)
Forensic experts presented dog behavior and canine dentistry evidence to persuade the court that an accused pit bull dog was not the dog that bit pop star Vanessa Carlton while she was jogging near her parent’s home.
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National: Forensic Anthropology Technique can Identify Sex of a Skeleton (7/7/10)
A new study from North Carolina State University finds that forensic anthropologists can determine the sex of a skeleton based on the size and shape of its pelvic bones. While accurate, the technique is not without its limitations, especially when only fragments of the pelvis can be found. The technique utilizes 3-D imaging technology that allows for specific characteristics of the pelvis to be quantified using more than 20 anatomical “landmarks”.
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Nebraska: Shield Law Protects Pathologists from Lawsuits (7/7/10)
A Lincoln day care operator who was cleared after being charged with involvement in the death of a child recently sued a forensic pathologist and the Nebraska Forensic Medical Services for their alleged role in the false charges. The lawsuit was thrown out, however, because Nebraska law shields pathologists and their opinions under "absolute testimonial privilege."
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Connecticut: Arson Evidence Under Review in 1987 Case (7/7/10)
Defense lawyers are seeking a new trial for a Connecticut man accused of committing a rape/murder and attempting to cover up the crime scene with an intentionally set fire. At issue are the fact DNA from the scene did not match the mentally disabled defendant and the confession that police took did not match the details of the crime.
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Indiana: Purdue Forensic Etymology Students on Television Show (7/7/10)
Forensic Etymologists will be featured on an episode of the show “Dirty Jobs”. In the episode, forensic etymology students from Purdue demonstrate how they the maggots that infest dead pigs to determine time of death.
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International: Mystic Uses Ear-Based Virginity Test (7/6/10)
A practitioner of traditional medicine in Vietnam testified at a rape trial that the three defendants could not be guilty of a sexual assault because they passed the “ear test” for virginity. According to the mystic, if a man has a red dot behind his ear, he has never been sexually active. She testified that she was taught to ascertain virginity using pulse rate, but developed the ear technique on her own. Her testimony resulted in the government’s release of the defendants.
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Michigan: Detroit Crime Lab May Return Under State Police (7/6/10)
The Detroit Police Department Crime Laboratory was closed last year after it was discovered that the firearms testing unit was operating at a 10% error rate. A proposed $53-million plan would convert a Detroit casino into new police headquarters and build a new state-of-the-art crime lab. The crime lab, however, will likely continue to be run by State police which took over forensic analyses when the city lab was closed.
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National: Statistics For Lawyers (7/5/10)
Statistical evidence, in the form of expert testimony, is now found in an increasing number of cases ranging from torts to criminal law. For this reason, it is important that lawyers understand basics of statistics. In a story in the National Law Journal, Abigail O’Connor explains the basics of legal statistics.
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