Category Archives: Junk science

Friday’s Quick Clicks…

  • Hearing looms in Illinois in the shaken baby syndrome case of Pamela Jacobazzi
  • Video: A doctor reflects on shaken baby syndrome
  • University of Virginia Innocence Clinic may have identified true perp through DNA testing in the case in which Bennett Barbour was previously convicted and then exonerated
  • Notes show that in the Wilmington 10 case, prosecutor intentionally sought “white KKK” jury

Monday’s Quick Clicks…

  • Families of four black men convicted of rape by all-white jury in the 1940s seek pardon from Florida governor
  • The early warning signs of a wrongful conviction
  • New Zealand exoneree David Bain could receive $2 million after judge rules he is eligible for compensation
  • Actor Johnny Depp said Saturday he and Damien Echols, one of three men who claimed to have been wrongly convicted for 1993 satanic ritual murders, got tattoos to mark their special bond after Echols was released from prison last year. “There was an instant connection, some brotherly kind of love there,” Depp told a press conference at the world premiere in Toronto of Amy Berg’s film “West of Memphis,” which chronicles the miscarriage of justice that sent three purportedly innocent men to jail.
  • For four years now, Robert J. Wilkes has insisted he did not hurt his infant son the night baby Gabriel fell suddenly and fatally ill. A jury didn’t buy it. Wilkes was sentenced to 40 years in prison for killing the 3 1/2 -month-old boy in what a prosecutor called “a violent and repetitive and rageful act.” Now the Montana Innocence Project is appealing Wilkes’ conviction, saying his public defender was ineffective and that new evidence shows Gabriel suffered from a rare and commonly fatal liver disorder. “There can be no greater tragedy in this world than the untimely death of an infant. Nothing can be done to bring Gabriel back to his family,” it wrote in the appeal filed last week in Missoula County District Court. “But just as surely, Robert Wilkes was unjustly convicted of a terrible crime. That wrong can now be righted.”

Brandon Garrett: Where is the Path Forward For Forensics?

From Salon.com:

Donald Eugene Gates, convicted of murder in Washington D.C., would spend 28 years in prison before he was exonerated in 2009 through the tireless work of his lawyers at the Public Defender Service for the District of Columbia - but it was not until this Spring that the flawed FBI forensics supposedly “matching” his hair to the crime scene would finally come under broader scrutiny.

The case brought still worse problems to light. This Spring, the Washington Post released the results of a remarkable investigation, uncovering a buried 1990’s Department of Justice inquiry into FBI hair cases, and finding hundreds more cases with flawed forensics. Some of the cases were death row cases — for example, a Texas man was executed in the late 1990s, but if it had not been for the FBI’s flawed hair analysis, he would not have been even eligible for the death penalty.

This Spring, the Public Defender Service also cleared two more people who had flawed FBI hair testimony, using DNA tests. One, Kirk Odom had served 22 years in prison for a crime he did not commit and has been exonerated. The second man, Santae Tribble, spent 28 years in prison, and is still waiting for a ruling on Continue reading

Thursday’s Quick Clicks…

About Bite Mark Evidence - Forensic Odontology

The most famous bite mark case in the US, and perhaps the world, is that of serial killer Ted Bundy. On Jan. 15, 1978, Bundy broke into the Chi Omega sorority on the Florida State University campus, assaulting and killing three women. During the crime, Bundy left a bite mark on the buttocks of Lisa Levy, whom he raped and killed. It was this bite mark that was primarily responsible for his conviction. He was executed in Florida’s electric chair on Jan. 24, 1989. Shortly before his execution, he confessed to 30 other murders in seven states, but it is believed that he may have been responsible for as many as 100 deaths.

Here are photos of the bite mark on Lisa Levy’s buttocks, and the wax impresstion that was made of Bundy’s lower dentition:

Continue reading

An MRI Polygraph ?? Beware

Over the past few years, some researchers have been looking at the possibility that an MRI (magnetic resonance imaging) brain scan can reveal whether or not someone is lying. In experiments, subjects are instructed to lie about certain things while an MRI monitors their brain activity. When the subject lies, the researchers look for differences in the patterns of brain activity. They have observed ‘differences’ when a subject is lying as opposed to when the subject is telling the truth.

Here are two recent articles on the subject:

…….. From yesterday’s Washington Post Laris M. MRI polygraphy. Wash Post, 2012-08-26

…….. From the August, 2010 IEEE Spectrum (the official publication of the Institute of Electrical and Electronic Engineers) MRI Polygraph

There is even a company called No Lie MRI that is trying to commercialize the phenomenon. http://noliemri.com/

Now, let me comment on these developments from the standpoint of the scientific method, design of experiments, and logic. These “experiments” are nothing more than observational studies. The experiment may have a hypothesis, that is, when the subject “lies” we’ll see differences in brain activity, which, in the experiment, would be the “dependent variable”. However, this is very non-specific. What areas of the brain? What kind of activity? What extent of activity? What level of activity indicates a “lie” over a statistically significant population of subjects of representative ages, races, genders, IQ’s, and physical & mental health? And the most glaring shortcoming of these experiments is lack of control over independent variables. A properly designed experiment should have a single dependent variable and all independent variables should be controlled. That is, if the independent variable being measured is “lie or no lie”, all other independent variables must be constant throughout the experiment - age, race, gender, mental and physical health, IQ, amount of sleep, state of mind, …………..

It has already been observed that the MRI can be “fooled” if the subject imagines imperceptibly wiggling a finger or toe while lying.

I fear that we might be seeing yet another forensic junk science in the making. Conclusions based upon these studies are another example of forensics being driven by anecdotal, observational studies that get pushed through a process of flawed inductive reasoning. “I’ve seen a hundred roses, and they’re all red; therefore, all roses are red.” Or, “I’ve never seen anything like that before; therefore, it must be unique.”

So far, this technology also fails the question that most all forensics fail; “Show me the statistically valid data from which I can compute a probability of occurrence.” And by the way, even “fingerprints” fails this question.

One saving grace of many forensic disciplines is that they can be statistically valid in excluding a suspect from consideration. I don’t see that MRI scans are legitimate enough to even do that.

Science is in its infancy in terms of truly understanding the functioning of the human brain. MRI lie detection may some day be legitimate, but my prediction is that it will be decades, if not generations, from now.

Innocence Project Reaches Out to Chemists…

From Nature.com:

A group that has used DNA evidence to free nearly 300 wrongly convicted people from prison reached out to scientists this week, asking chemists to engage with forensic science. Peter Neufeld, co-founder of the Innocence Project, an organization based in New York that investigates potential wrongful convictions, asked researchers at the American Chemical Society (ACS) meeting in Philadelphia, Pennsylvania, to do more to improve the troubled field of forensic science.

Complaints about the unreliability of some scientific evidence used in courts worldwide are long-standing, and a 2009 report by the US National Research Council called for major reforms to the US forensic-science system, including better standardization of protocols and more research into the reliability of methods used. The US Congress is now considering a bill that would provide money for forensics research and require the US National Institute of Standards and Technology to establish standards in the area (see ‘Proposed bill calls for better forensic science‘).

But despite such concerns, little has changed on the ground, says Justin McShane, an attorney at the McShane Firm in Harrisburg, Pennsylvania, who works with the Pennsylvania Innocence Project and serves as co-chair of the ACS Division of Chemistry and the Law. “It’s still a Wild Wild West out there in forensic science.”

Neufeld says that misuse of forensic science is a major factor in nearly half the cases investigated by the Innocence Project. He is calling on chemists to lobby Congress individually and through the ACS in support of the bill. But he also wants more scientists to engage with forensic science research. “What we want to do is make forensic science more about science and less about law enforcement,” he says, so it becomes an impartial assessor of evidence rather than a branch of law enforcement.

This call was echoed by Frederick Whitehurst, a chemist and former investigator for the US Federal Bureau of Investigation. “What we seem to know in the world of science is that there are some real problems in the world of forensic science, and we’d rather work on something cleaner,” he told an ACS session on chemistry and the law. “We don’t seem to want to work with dirty crime sciences.”

Whitehurst says that crime-laboratory technicians are often under pressure to produce evidence that agrees with police or prosecutor theories. Scientists can “run into a sledgehammer” when their evidence doesn’t confirm prosecutors’ hypotheses, says Whitehurst, potentially putting their careers at risk.

Greg Hampikian, a geneticist at Boise State University in Idaho and director of the Idaho Innocence Project, told the meeting that he regularly has nightmares about the ease with which innocent people can be convicted because of flaws in forensics systems.

Hampikian has worked on such high-profile cases as that of Meredith Kercher, a British student who was murdered in Italy in 2007. Amanda Knox and Raffaele Sollecito were convicted of the murder, partly on the basis of DNA evidence, but were freed in 2011, in part because Hampikian showed that DNA can easily be transferred via gloves from an item a person has touched to another item — such as a knife — that they have not touched. As new techniques allow ever smaller amounts of DNA to be detected, such contamination will be an increasing problem, Hampikian says.

But DNA analysis can also prove innocence: several attendees at the ACS meeting had been exonerated through investigations by the Innocence Project.

Steven Barnes was convicted of rape and second-degree murder in 1989 and spent nearly 20 years in prison before DNA testing showed that sperm cells from the crime scene did not match his. Ray Krone was sentenced to death on the basis of a bite-mark analysis in a 1991 murder case. He was proven innocent by DNA testing after serving ten years in prison. “I had never been in trouble in my life. They put me on death row. This could happen to you,” said Krone. “I’m calling on the ACS to get more involved in forensic science.”

ACS president Bassam Shakhashiri, a chemist at the University of Wisconsin–Madison, has been a strong supporter of the Innocence Project, and he appeared with many of the speakers for the Innocence Project at a press conference on Monday. He told Nature that before the society could lobby Congress in favour of the bill, the board would need to approve a policy statement on the matter, but that he planned to speak to several of the governance committees that oversee the topics involved.

“The topics discussed by the Innocence Project are vitally important to all of us,” he says.

 

Thursday’s Quick Clicks…

  • A Minnesota judge has denied a defense request to conduct DNA testing on a knife found at the scene of a 1992 murder in rural Big Lake. Kent Jones is serving a life sentence for the murder of Linda Jensen, who was found assaulted and stabbed in her home. The Innocence Project represented Jones and asked for the DNA testing. But the St. Cloud Times reports (http://on.sctimes.com/NFLTsl) that Anoka County District Court Judge Alan Pendleton denied that request Tuesday, citing concern about all of the people who handledthe knife since 1992
  • An Indiana woman convicted of setting a 1995 fire that killed her 3-year-old son was released Wednesday for the first time after 16 years in prison. A Decatur County judge set bail for Kristine Bunch at $5,000 cash Wednesday while she awaits a new trial on murder and arson charges stemming from a mobile home fire that some experts now say appears to have been accidental.
  • DNA results lead to new trial in Vermont in the case of John Grega

Tuesday’s Quick Clicks…

26 Arson Cases Stand Out in Texas….

From pbs.org:

How many Texans are in prison for arson fires that, in fact, were accidents?

The Innocence Project of Texas, in conjunction with the state fire marshal’s office, recently completed first steps of a review of 1,000 fires in which someone was held criminally responsible. Of those, 26 stood out because of one important factor: flawed forensic science may have been used to make an arson determination.

The review comes almost a year after the Texas Forensic Science Commission (TFSC) concluded its investigation of the Cameron Todd Willingham case. Willingham, who was convicted of starting the fire that killed his two daughters in 1991, was executed 13 years later. His final appeal included new evidence provided by renowned fire scientist Gerald Hurst, who offered a strongly worded critique of the original arson findings.

“On first reading, one might well wonder how anyone could make so many critical errors in interpreting the evidence,” Hurst wrote. His opinion, which debunked Continue reading

Wednesday’s Quick Clicks…

Innocence Project’s New Strategic Litigation Unit Takes on Bite Mark Evidence…

From press release:

THE INNOCENCE PROJECT (IP) is a national litigation and public policy organization based in New York dedicated to exonerating wrongfully convicted individuals through DNA and reforming the criminal justice system to prevent future injustice. As the DNA exonerations have revealed, the misapplication of forensic science has been a leading cause of wrongful convictions. The newly created Strategic Litigation unit is aimed at, among other things, eliminating junk science from courtrooms nationwide, beginning with bite mark comparison evidence. To that end, IP seeks to partner with an attorney(s) on criminal cases involving bite mark comparison. Attorneys with cases meeting the following criteria should contact IP directly.

  • Bite mark testimony is proffered by the government as evidence identifying the defendant to exclusion of all other potential sources
  • Pre-trial, trial, appellate or post-conviction cases: The primary interest is assisting with pre-trial Frye/Daubert motions and hearings, but IP will consider bite mark cases in all stages of litigation
  • Other disciplines, in particular other pattern or impression evidence: Although the initial focus is on bite marks, other novel, unvalidated disciplines will be considered.
  • NOTE: Strategic Litigation will consider cases with or without biological evidence, i.e., non-DNA cases.

Ohio death-row exoneration featured in new book

One of the most clear-cut non-DNA exonerations in a death penalty case — that of Dale Johnston in Ohio — is now receiving some much-deserved attention in a new book, Guilty by Popular Demand by Bill Osinski.

Although Johnston’s 1984 convictions in the dismemberment murders of his step-daughter and her boyfriend were overturned and Johnston was released in 1990, many in law enforcement still insisted on his guilt. That changed in 2008, when Chester McKnight confessed that he and an early suspect in the case, Kenny Linscott, had committed the murders. McKnight later changed his story to say he committed the murders by himself and that Linscott only helped him dismember the bodies. McKnight pleaded guilty to the murders and Linscott to abuse of corpse charges, removing all doubt that Johnston was involved.

Osinski documents in his book how hysteria created by ill-founded reports of incest and Satantic sacrifices; the misuse of hypnosis on witnesses, and the bogus testimony of a forensic fraud — in this case alleged footprint expert Louise Robbins — can lead to a horrible injustice.

You can read more about the case here and a review of Osinski’s book here.

Johnston is still fighting to win compensation for the years he spent on death row while fighting to prove his innocence. If there is any justice, Osinski’s book will help spur his case to a successful conclusion.

Texas to Review Arson Convictions

How many innocent persons have been convicted of arson on now-discredited forensic arson theory? Texas may provide an indication. As reported earlier today by Mark Godsey here and in the Star-Telegram here, the Texas Forensic Science Commission has asked the Texas Innocence Project (TIP) to work with the State Fire Marshall’s Office to identify potential wrongful convictions that relied on debunked arson theory. Jeff Blackburn, chief counsel for the TIP is estimating that by spring of 2013, 10-15 cases will be identified for close Continue reading

Breaking News: Exonerative DNA Test Results Announced in High-Profile “Bite Mark” Murder Case in Ohio

Former Police Captain Douglas Prade

Douglas Prade, a former police captain from Akron, Ohio, was convicted of killing his ex-wife in 1998 based primarily on “bite mark” evidence (i.e., an expert testified at trial that the bite mark impression left on his ex-wife’s skin matched Douglas’ teeth). Doug’s ex-wife, Margo Prade, was a prominent doctor in Akron at the time she was murdered in her van in the parking lot of her office. The case received significant national media attention at the time of trial, including from Dateline NBC and other national programs.

The law firm of Jones Day and the Ohio Innocence Project have teamed up for several years now on the case, seeking DNA testing of the bite mark (the bite occurred through the lab coat Margo was wearing when she was killed; DNA testing was sought of the bite mark area of the lab coat). DNA testing at the time of trial in 1998 was not sensitive enough to obtain meaningful results. At the time of trial, experts testified that the killer would have “slobbered” all over the part of the lab coat where the intense bite occurred, and the state’s own expert testified at trial that future testing of the bite mark area of the lab coat would be the best place to find the killer’s DNA (presumably assuming DNA testing continued to become more advanced and sensitive).

The OIP and Jones Day announced today that DNA testing of the bite mark area of the lab coat found male DNA, and Captain Prade was excluded as the source of that DNA. Prade was also excluded from all other DNA found at the crime scene, including the male DNA found under the victim’s fingernails. Despite the prosecution’s claims that the lab coat might have been contaminated, months of DNA testing on various parts of the lab coat, pursued by the prosecution, failed to show any male DNA profiles anywhere on the coat except in the bite mark area where the killer bit so hard that he left a deep, lasting impression.

The litigation in this case has been under seal until today. Prade’s opening brief is here; the Innocence Network’s amicus brief is here; the State’s response is here, and Prade’s reply brief is here.

Upon his conviction in 1998, Prade immediately stood, addressed the court, and stated: ”I didn’t do this… I am an innocent convicted person. God, myself, Margo and the person who killed Margo all know I’m innocent.” Prade also stated that Continue reading

Shaken Baby Syndrome (SBS) Expert Testimony - This HAS to get fixed.

I was planning to post an article about the minefields and pitfalls involved in expert testimony in general, but after thinking about it, I decided that there is a specific area that deserves special consideration - expert medical testimony in SBS cases. The “general case” I will save for another day.

I cannot say that I’m deeply experienced, but over the last 4+ years, I’ve been personally involved in five separate SBS cases (all still ongoing), and have become a student of the subject in general. I’m not an attorney, and I’m not a doctor. I’m an engineer by training, and have spent a 42 year career deeply involved in a broad range of sciences and technologies, which has taught me the value of “cause and effect” and “root cause” analysis, as well as for the “scientific method” and “design of experiments”. So I think I can kind of figure out what’s going on.

My study of the early medical literature on the subject, tells me that the origins of the “triad” theory of SBS causation (reference) were founded on conclusions from “studies” (by Drs. Guthkelch and Caffey) that resulted from logically flawed inductive reasoning and experimental sample sizes that were so small as to be statistically meaningless. But somehow, the “triad” became embedded in pediatric medical dogma, and has been so for the last 30 years.

Continue reading

Two Minnesota Public Defenders Take Down St.Paul Crime Lab

Two public defenders in Minnesota, not satisfied with a 1 or 2 page summary from the St.Paul crime lab, made the effort and had the chutzpah to demand complete case files, visit the lab, and interview lab staff. What they found was staggering. Controls, procedures, and minimum standards were woefully lacking. When they asked one lab staffer why there weren’t minimum standards in place, the answer was, “I guess I don’t know what minimum standards are.”

Prosecutors are now offering favorable deals in 160 drug cases, and more cases may come under review.

Law enforcement agencies are no longer sending samples for testing to the St.Paul crime lab.

Here are three articles from the St.Paul StarTribune chronicling the story.

Xiong C. St. Paul Crime Lab. Star Tribune, 2012-07-28

Tevlin J. St. Paul Crime Lab. Star Tribune, 2012-07-28

Estrada HM. St. Paul Crime Lab. Star Tribune, 2012-07-30

The Dark Side of Forensic Science…

From the WashingtonPost.com:

KIRK L. ODOM is innocent.

Federal prosecutors finally have confirmed that Mr. Odom was wrongfully convicted of a 1981 D.C. rape, for which he served 20 years in prison. Mr. Odom was sentenced at age 18; this nightmare has consumed more than half his life, and all because of errors in forensic techniques.

Worse still is that he isn’t alone. As The Post’s Spencer Hsu and others reported in a series of investigative articles this spring, similar errors have led to the convictions of two other men in the District: Santae A. Tribble, who served 28 years in prison, before a judge overturned his conviction in May, and Donald E. Gates, who served the same number of years for a 1981 Rock Creek rape and murder he didn’t commit.

These three cases should serve as a call to explore forensic errors that could have put more innocent men behind bars — or could do so in the future. In the wake of The Post’s reports, the Justice Department and the FBI announced last Tuesday the largest-ever post-conviction review, which will examine all cases after 1985 that relied on hair and fiber examinations. This is necessary and long overdue.

However, while the review’s results almost surely will uncover deficiencies in previous uses of forensic evidence, many flawed practices — including hair-sample analysis — are no longer in standard usage. Beyond finding and acknowledging errors of the past, a focus should be on taking every conceivable step to eliminate future wrongful convictions.

In terms of forensics, there’s still considerable work to do. As the National Academy of Sciences recommended in a 2009 report to Congress: “Research is needed to address issues of accuracy, reliability, and validity in the forensic science disciplines.” Although hair-sample analysis may be obsolete, uncertainty attaches to other techniques still in common use, such as firearm examination and fingerprint analysis. To that end, Sens. Patrick J. Leahy (D-Vt.) and John D. Rockefeller IV (D-W.Va.) each have proposed bills that would, among other things, promote more scientific research and develop uniform forensic standards. These reforms are critical steps that should have been enacted long ago, and they should be enacted without further delay.

U.S. Attorney Ronald C. Machen Jr. expressed his office’s sympathy with Mr. Odom: “Though we can never give him back the years that he lost,” he wrote, “we can give Mr. Odom back his unfairly tarnished reputation.” He’s right: No amount of recompense — financial or otherwise — could right the wrongs done to Mr. Odom, Mr. Tribble, Mr. Gates and however many others have been wrongfully convicted.

All the more reason to take every possible step to avoid similar mistakes in the future.

Historic Forensic Sciences and Standards Act Introduced in Congress…

Bill here. From TheHill.com:

House and Senate Democrats proposed legislation on Thursday that would establish federal grants to help create forensic-science standards, in an effort to help reduce wrongful convictions based on flawed forensic results.

The Forensic Science and Standards Act, from Sen. Jay Rockefeller (D-W.Va.) and Rep. Eddie Bernice Johnson (D-Texas), would provide $200 million over the next five years in grants that boost forensic science research, and nearly $100 million in that same period that the National Institute of Standards and Technology (NIST) would use to develop standards in the field.

Rockefeller said on Thursday that the bill is partly a reaction to a 2009 report that said many forensic science disciplines have not established “either the validity of their approach or the accuracy of their conclusions.” He also cited a series of articles in The Washington Post about this issue, as well as an April editorial calling for a Justice Department review of convictions based on forensic evidence.


“[A] July 11 story reports that the Justice Department and the FBI have now launched such a review,” Rockefeller said. “The National Academy of Sciences, The Washington Post, the Innocence Project and the National Association of Criminal Defense Lawyers, among others, have all called for strengthened forensic science and standards.”

The bill, S. 3378 in the Senate and H.R. 6106 in the House, would set up the grant program, and would require the National Science Foundation to direct these grants to two forensic science research centers. It would also create a system of challenges and allow the awarding of prizes “to stimulate innovative and creative solutions to satisfy the research needs and priorities” identified in the bill.

It would also task NIST with developing forensic science standards, in coordination with the two research centers.

Rockefeller’s bill has no co-sponsors, but Johnson’s bill in the House is sponsored by Reps. Donna Edwards (D-Md.) and Daniel Lipinski (D-Ill.). The Senate Judiciary Committee will hold a hearing on July 18 on the bill.

Friday’s Quick Clicks…