Category Archives: Editorials/Opinion

Will They EVER Fix Forensics ?

We (I) haven’t posted here about forensics for some time, and the pot is long overdue for a stir. This post was triggered by a recent piece in the NY Times – Fix the Flaws in Forensic Science – see that NY Times story here. The Times story was in turn triggered by the recent “announcement”  (admission) by the FBI that FBI agents had been giving scientifically unsupportable testimony regarding microscopic hair comparison in thousands of cases for decades.

Because of a belief and fear that much of forensics was flawed, the NAS Report (National Academy of Sciences), Forensic Science in the United States, A Path Forward, was commissioned by Congress in Fall of 2005. The report was published in 2009. The report issued a scathing condemnation of the current state of forensic “science.” It was, of course met, with a firestorm of resistance from the forensic and prosecutorial communities. Regardless, the US Department of Justice and the National Institute of Standards and Technology announced the joint creation of a National Commission of Forensic Science (NCFS) in 2013 – see previous WCB posts here, and here.

The NCFS did not hold its first meeting until February, 2014. The Commission released its first nine drafts of policy statements for public comment in October, 2014. In January, 2015, it officially adopted three of those statements. The adopted policies are highlighted in the list below:

ncfs recs

While this has been going on, the sole federal judge on the commission, Jed Rakoff, resigned just last January in protest over the Justice Department’s position on an issue that would continue to favor prosecutors at the expense of full pretrial evidence exchange. There has since been an accommodation reached, but I suspect this is indicative of the Justice Department’s opposition to truly changing anything. This also causes me to wonder greatly about the objectivity of all the commission members.

Keep in mind also, that the commission is only empowered to make policy recommendations. It has no powers of oversight or enforcement, and no way to administer the adoption of its recommendations. My reading of the “tea leaves” here is that the advocates for the Justice Department and the existing forensic community have successfully kept the commission mired in politics and committees. So … there you have it. Six years after the publication of the NAS Report, a federal commission with no powers has adopted three policy recommendations.

In the meantime, the traditional forensic science community has been motoring along as if the NAS Report never happened. At the most recent American Academy of Forensic Sciences meeting, there was an active session on forensic odontology (bite mark analysis); a discipline for which the NAS Report states there is absolutely no scientific basis.

Do you wonder why I ask, “Will they EVER fix forensics?”

The Innocent Citizen’s Justice System Survival Guide

“Ours is a world in which justice is accidental, and innocence no protection.”     Euripedes, 400 B.C.

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I come from a legal family, so even though I did not go into law, I’ve had a closeup view of the justice system my entire life, which is, I think, one of the reasons I decided to devote my post-corporate life to innocence work. I saw too many things happening that were not congruent with my view of what a fair and just system should, and must, be. For the past seven years, I’ve been deeply involved in innocence work, and have become knowledgeable about the details of many, many cases (100’s) of wrongful conviction and wrongful imprisonment. Consequently, I’ve seen many ways in which actually innocent people become tragic victims of what we call “justice.” There are just so many ways the justice system can get it wrong. This has caused me to think about what it is that an innocent person can (and should) do when accusatorially confronted by this thing we call the justice system. [You might want to also read my previous post Why I Think the US Justice System is Broken, and Why It’s Not Getting Fixed.]

If you think being wrongfully charged, indicted, convicted, and imprisoned can’t happen to you, think again. It can happen to anybody. Just ask Debra Milke. The ways this can happen are countless, and despite the system’s best efforts, there are just too many ways the system can possibly get it wrong. I could give you lots of examples, but we won’t try to detail them here – just take a look at the National Registry of Exonerations, and keep in mind these are only the ones that have been so far successfully overturned within the system – there are magnitudes more. This article will try to give you some “suggestions” for what you might do if you find you’re being wrongfully suspected or charged with a crime. For those of you who have had no close interaction with the justice system, you might well think that I’m being radical and that I must come from somewhere in outer space … and you can think that right up until you get scooped into the meat grinder. Let me me just say, “Forewarned is forearmed.”

This article will be in six sections:

I.  Have a Lawyer You Can Call

II. Don’t Talk to the Police

III. The Plea Bargain

IV. Be Ready for Trial

V. Shaken Baby/Child Abuse (Abusive Head Trauma)  [This requires special attention and treatment.]

VI. If You Are Wrongfully Convicted

DISCLAIMER: I am not an attorney, and so cannot give you legal advice. These suggestions are only my personal opinion, and are solely the result of my exposure to the justice system and wrongful convictions over a period of years. They come with no guarantee. Every situation is unique, and you must always exercise your own judgment given the circumstances. They are just intended to get you thinking about how you would handle the situation of being wrongfully accused, and to give you some information about how the system works. I am certain that they cannot cover every possible situation, but hopefully, they will provide an overall, general guide for how you might deal with this. 

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Is Shaken Baby Syndrome the New Satanic Panic?

LA Weekly has just published an article titled ‘Is Shaken Baby Syndrome the New Satanic Panic?‘ The article highlights many frightening parallels between today’s SBS prosecutions and those of so-called satanic ritual child abusers in the 1980’s.

The article also features information from the recent documentary film by Susan Goldsmith ‘The Syndrome.’

Having closely followed the satanic ritual abuse panic of the 80’s, I found reading this story to be downright creepy. If you follow the SBS situation at all, this is a must read.

See the LA Weekly story here.

Hannah Overton Capital Murder Case Dismissed

See our previous post on the Hannah Overton case here.

Hannah Overton was convicted for murdering her 4-year-old stepson by salt poisoning. Given the evidence that the prosecutor had early on, and did not disclose to the defense, Overton never should have been charged in the first place. This was a “crime” that never happened.

See the KRIS TV (Corpus Christi, TX) story here.

Thanks to Camille Tilley for passing this story along.

Interview With Debra Milke’s Attorney

Here is a 25 minute interview with Debra Milke’s attorney.

It is fascinating and riveting.

And keep in mind, while you watch this, that our justice system did this.

See our previous post on the Milke case here.

And thank you to Camille Tilley for posting this in the comments. I felt it deserved ‘headline’ status.

 

Higher Courts Let Prosecutors Get Away With Murder

Mara Leveritt is an Arkansas journalist and author with whom you may already be familiar. She wrote the book Devil’s Knot that chronicles the story of the West Memphis Three, and which was subsequently made into a critically acclaimed movie.

She has recently written an article for the Daily Beast outlining her personal attempts to get the Arkansas Supreme Court to take some kind of action against a prosecutor who convicted, and sentenced to death, an innocent person by withholding evidence from the defense. Her efforts have so far been in vain.

See Mara Leveritt’s article here.

Death Row Inmate Anthony Ray Hinton Freed after 30 Years in Alabama Prison

Yesterday, April 3, 2015, Anthony Ray Hinton, 58, emerged from a Jefferson County Jail (AL) after serving thirty years on death row for crimes he didn’t commit. Equal Justice Initiative (EJI) Executive Director Bryan Stevenson, author of the national bestseller “Just Mercy – A Story of Justice and Redemption,” had represented Hinton for the past 16 years.

One could make a strong argument that Hinton should never have been indicted for two 1985 murders at Alabama fast-food restaurants. The evidence presented against Hinton, who had no history of violent crime and who always proclaimed his innocence, was scanty. Perhaps even worse, when authorities — prosecutors Continue reading