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.
We’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.
Score one for sanity, logic, reason, and science.
There has been a recent decision (October, 2014) by the Swedish Supreme Court that calls into question the scientific validity of the classic “triad” SBS diagnosis. According to the triad diagnosis, the symptoms of retinal hemorrhage, subdural hematoma, and diffuse edema of the brain are pathognomonic (exclusively indicative) of violent shaking or abusive head trauma. The “triad” has been the mainstay of SBS prosecutions for decades, but in recent years, has come under increasingly critical scrutiny.
These quotes from the testimony of experts before the Swedish court:
“It can be concluded that, in general terms, the scientific evidence for the diagnosis of violent shaking has turned out to be uncertain.”
“The controversy is not about whether it is harmful to shake a child violently. The issue under discussion is with what scientific certainty it can be established how various injuries found in a child have arisen. The claim that the occurrence of the triad is strong evidence that violent shaking has occurred goes back to the late 1960s; however, the medical evidence for it was relatively thin. But the claim became generally accepted and grew into medical truth over several decades, even though the situation in terms of evidence did not change. It is known that a very large share of fundus haemorrhages are not linked to violence and arise in another way. Nor has it been shown that nerve fibers are torn, and that the brain therefore begins to swell, in connection with violent shaking. It can also be asked whether violent shaking can occur without neck injuries arising… To sum up, it can be said that the scientific support for the diagnosis of violent shaking is uncertain.”
Sue Luttner, who edits the blog OnSBS, has done an excellent job of summarizing this decision and the case it involves, and has posted it on her blog here.