Category Archives: Forensic controls

Prosecutorial Misconduct and Brady Violations – From a Forensic Perspective

Benjamin-Brady Viol

Dr. David Benjamin is a world renowned clinical pharmacologist and forensic toxicologist. Consequently, he has substantial experience involving forensic evidence and “expert” testimony. He recently gave a presentation at the American Academy of Forensic Sciences annual meeting in the Jurisprudence Section focused on Brady violations from a forensic perspective.

There is a mountain of material contained in the presentation, including some specific recommendations for how to combat and counter Brady violations involving forensic evidence and expert testimony.

If you would like to investigate this further, you can contact Dr. Benjamin through his website, and request a copy of the presentation by e’mail.

 

Dog Scent Arson Detection – and Charging

pointerWe’ve posted before about “dog scent lineups.”  See those posts here and  here.  They’ve been called “the worst of the junk sciences.”

I can do naught but shake my head.  I thought we had seen the last of it, but this stuff is still going on. In Maricopa County, AZ, not one, but two, people were charged with setting their own houses on fire, based upon bogus dog scent evidence which was solely the result of unethical conduct by the Phoenix Fire Department investigators involved. An independent, professional fire investigator confirmed without question that the fires were NOT arson.  The charges against both were eventually dismissed, but not before one of them spent 16 months in jail.

See the aol.com Inside Edition story here … it should make you angry.

And here’s the kicker.  Despite the recommendation of six felony charges, the prosecutor declined to bring any charges against the dishonest fire department employees, and they are both still employed by the department.

Looks like the “good ol’ boy” network is alive and well in Maricopa County.

Tuesday’s Quick Clicks…

Weekend Quick Clicks…

Update on the National Registry of Exonerations

In case you haven’t been able to check in on the National Registry of Exonerations lately, here’s an excerpt from the most recent data.  Note the total is now up to 1,512, and the trend line is definitely UP.

exon dna non

exon cont fact

exon fact crime

I won’t belabor you by pointing out some of the more obvious observations.  Just a few minutes of study will (should) lead you to some very clear conclusions.

It has been reported that the folks at the Registry are hard at work trying to incorporate the exonerations being generated by the newly formed “conviction integrity units” (CIU’s).  For these cases the prosecutors running the CIU’s may not be very motivated to have their exonerations logged into the Registry.

I can’t gush enough about how critical and important this data is.  It is this kind of HARD DATA that will provide the foundation for much needed and long overdue justice system reform.

Recent Rash of Exonerations Only the Surface: Many More Remain Wrongfully Imprisoned

By Jefferey Deskovic for The Huffington Post

Fernando Bermudez. Sami Leka. Jose Morales. Reuben Montalvo. Lazaro Burts. Kareen Bellamy. Anthony Ortiz. Frank Sterling. Roy Brown. Dennis Halstead. John Kogut. Eric Glisson. Jonathan Fleming.

Those are the names of 13 men that I personally knew and served time with who were exonerated either during my 16 years in prison or thereafter.

Last year there were 91 exonerations. This year there have been 90 thus far. To date there have been 1482 exonerations overall, only 321 of them being DNA related. Since taking office this past January, Brooklyn DA Thompson’s conviction integrity unit has exonerated 11 people.

Most experts estimate the percentage of wrongfully convicted prisoners to be 2 to 5% of the inmate population — that is 120,000 people. I deem the number to be closer to 15 to 20%.

In either case, what is causing the staggering number of wrongful convictions?

Rogue Law Enforcement. In Brooklyn, disgraced retired detective Scarcella was found to have used the same drug addict as the sole eyewitness in six different murder cases. Various news accounts say as many as 70 homicides he worked on are being reviewed.

Forensic Fraud. In Pennsylvania, forensic scientist, Annie Dhookhan, was sentenced to three to five years in prison and two years of probation after pleading guilty to 27 counts of misleading investigators, filing false reports, and tampering with evidence.

Additionally, forensic scientists are given financial incentives for giving prosecutorial favorable results that lead to conviction in North Carolina, Illinois, Alabama, New Mexico, Kentucky, New Jersey, Virginia, Arizona, California, Missouri, Tennessee, and Wisconsin.

Prosecutorial Misconduct. Lying to judges and juries about the existence of benefits and in some cases coercion to informants was a regular practice over the span of the 23 year tenure of former Brooklyn DA Hynes, as was withholding of evidence of innocence.

Junk science. For 40 years, FBI experts have testified in court about “bullet lead analysis” a procedure in which bullets found at a crime scene are tested for arsenic, tin, silver, and other contaminants or additives, and the findings were compared to analysis of bullets found in the possession of suspects. These experts claimed to be able to link one bullet to others from the same production run. For at least 20 years, FBI officials knew that there were no scientific underpinnings to this junk science — that in fact, there were no studies shown to determine how significant a “match” was.

Disgraced dog scent expert Preston came into courtrooms in Texas and Florida for over 20 years, stating that he had trained dogs which would bark if, after being given items to smell from a crime, the dog recognized the scent from a suspect’s item. Preston claimed that his dogs could smell human traces years or months after a suspect walked over the ground, on heavily trafficked streets, underwater, and even after hurricanes. He is not the only “expert” in this “field.”

In 2013, it was revealed that in 27 death penalty cases, FBI forensic experts may have exaggerated the scientific conclusions that were drawn from a so-called “match” between hair found at a crime scene and hair from a defendant.

Tire tracks, footprints, and bite marks are also junk science.

I served 16 years in prison, from the ages of 17 to 32, wrongfully convicted of a murder and rape in New York, despite the fact that the DNA never matched. I lost all seven of my appeals, including two of which now US Supreme Court Judge Sotomayor denied on procedural grounds for having been four days late despite my substantive innocence argument. Ultimately I was exonerated because further DNA testing identified the actual perpetrator, who killed another victim 3.5 years later.

Using $1.5 million dollars of compensation I received, I started The Jeffrey Deskovic Foundation for Justice to exonerate the wrongfully convicted in DNA and non-DNA cases, educate the public, elected officials, and criminal justice professionals on the causes of wrongful conviction and the reforms need to prevent them, and help the exonerated reintegrate. In two years time, we helped exonerate William Lopez, who had served 23.5 years, and helped 4 wrongfully convicted men reintegrate back into society by providing short-term housing, which enabled them to pursue further education, and in one case open a business.

This holiday season, while celebrating with friends and family, we hope you’ll take a brief moment to remember all those who remain wrongfully imprisoned.

To learn more about The Jeffrey Deskovic Foundation for Justice and how you can help, please visit here.

Great day in UK for Innocence: Cardiff University Justice Project Overturns Wrongful Conviction

The news coming from the UK in recent months, if not years, has rarely been good. Today (9th December 2014) is different, for today, the Criminal Court of Appeal found the conviction of Dwaine George ‘unsafe’ and overturned his  _79607026_ico12-1conviction for murder. George, convicted of shooting dead a teenager in a gang related incident in 2001, served 12 years of his life sentence behind bars, and was released last year.

Professor Julie Price and Dr Dennis Eady, who run Cardiff’s Innocence Project, were joined at the Royal Courts of Justice by 30 Cardiff law students, past and present, to hear the result of the students’ investigative work. Dr Eady said: “It has taken nine years of hard work since the project was launched to get to this point, and based on our students’ efforts the Court of Appeal has decided that Mr George’s conviction is unsafe.We appreciate that today’s decision will be difficult for Daniel Dale’s family, but if the wrong person was jailed then the right outcome has today been achieved.”

Prof Price added: “For Cardiff Law School Innocence Project, and other university projects working on alleged wrongful conviction cases, this is a significant day. It demonstrates that universities are about more than research, and can show public impact from innovative teaching and learning. This result has been achieved by collaborative effort. A huge thanks to our many supporters and students past and present.”

Sir Brian Levenson said in his ruling: “In addition to expressing our gratitude to the Criminal Cases Review Commission, we pay tribute to the work of the Innocence Project and Pro Bono Unit at Cardiff Law School, which took up the appellant’s case and pursued it so diligently.”

With the recent turmoil amongst those working in universities across the UK and their Innocence Projects (mostly called Justice Projects today because they do not satisfy the criteria for the title ‘Innocence Project’) this is a great victory. Many staff work tirelessly for little or no recognition, with students facing ever greater hurdles to have their work and dedication praised. Cardiff University;s staff and students will continue to work tirelessly and have many other cases that are working their way, slowly, through the CCRC. One can only hope that this is the first success of many. But today is a also shot in the arm for all of those working on behalf of the innocent – sorely needed, and richly deserved.

Watch news item and interviews here:

Cardiff Uni students help Dwaine George win murder appeal

Read more here:

UK judge praises students for helping overturn murder conviction

Judge praises Cardiff University law students for helping overturn Dwaine George’s murder conviction

Ex-gang member Dwaine George cleared of 2002 murder on appeal