Category Archives: Junk science

New Shaken Baby Syndrome Documentary – “The Syndrome”

A new, compelling documentary on the junk science of shaken baby syndrome, titled The Syndrome, will premiere at the Kansas Film Festival in October, 2014.

Synopsis:  The Syndrome tells the story of a group of doctors who say that shaken baby syndrome, the basis of hundreds of criminal cases every year, is not scientifically valid. The film focuses on three key doctors: A Georgetown University neurosurgeon, a former Minnesota state medical examiner, and the head of Stanford University’s Pediatric Neuroradiology Department. These doctors are part of a growing scientific movement coming to the defense of the some thousand people in prison for shaken baby. In an unprecedented criminal justice crisis, promoters of shaken baby syndrome are not backing down.

Watch the trailer here.

Editorial Comment:  Of course the promoters of this medical voodoo are not backing down.  For them, SBS has been their source of livelihood, notoriety, and power.

Research project issues report on wrongful arson convictions

The Arson Research Project says that 30 men and women have been exonerated from wrongful arson convictions since 1991. More than half of them were exonerated from life sentences or from death row. In the case of one Texas inmate, Cameron Todd Willingham, the research project says, such forensic error led to the execution of an innocent man.

To help prevent such tragedies in the future, the Arson Research Project, which is affiliated at Monterey College of Law, has published an excellent report, Anatomy of a Wrongful Arson Conviction, which you can download here.

The center’s director, Paul Bieber, presents a good video summary on wrongful arson convictions and the difficulty reversing them, here.

New Scholarship Spotlight: Shaken Baby Syndrome, Wrongful Convictions, and the Dangers of Aversion to Changing Science in Criminal Law

Cassandra Ann Jenecke has posted the above-titled article on SSRN.  Download here.  The abstract states:

Shaken Baby Syndrome prosecutions are vulnerable to wrongful convictions because of the erosion of the science behind the diagnosis of SBS and because of the inflammatory nature of the charges. This paper evaluates the science behind the medical and legal diagnosis of SBS. It also explores international reforms related to the same developments in science and finds the American response lacking. The author concludes that without recognition of and reform related to the evolution of our scientific understanding of SBS, actors within the American criminal justice system will continue to contribute to the almost certain wrongful conviction of innocent caregivers and parents.

 

Monday’s Quick Clicks…

  • Exoneree Clarence Harrison makes music with his new album “Life Sentence.”
  • Pennsylvania Innocence Project client Han Tak Lee walks free in Pennsylvania on Friday after his arson conviction is thrown out by a federal judge
  • After long battle, California Innocence Project client Timothy Atkins declared factually innocent and to receive state compensation for his wrongful conviction
  • Steve Drizin writes about the joint effort of Northwestern U and U Michigan to exonerate Jamie Lee Peterson
  • Mississippi Innocence Project writes about the potentially false testimony in a number of cases by medical examiner Steven Hayne
  • Original detectives back bid by Michigan Innocence Clinic to get new trial for Jeff Titus
  • Wisconsin Innocence Project seeks DNA testing in 1982 murder case

Thursday’s Quick Clicks…

  • The Exonerated (the play) in ebook format
  • From the AP:  The Texas state fire marshal has volunteered to turn over more than a decade of his office’s casework to advocates so they can examine them for wrongful convictions.  Fire Marshal Chris Connealy has been working with the Innocence Project of Texas for more than a year to review old cases.  But now he’s sent 24 cases from 2002 to 2004 to the Innocence Project so the Lubbock-based group can vet his office’s work, with a pledge to turn over all of his more recent case files. He says it’s an important step for the public “to have confidence in the criminal justice system.” Several high-profile arson cases have come under scrutiny in Texas, including that of Cameron Todd Willingham, executed for the fire deaths of his three daughters.
  • Oscar nominated director to direct The Brian Banks Story
  • Two new books about wrongful conviction by Morrison Bonpasse
  • Summary of Amanda Knox appeal
  • The latest from the Innocence Project of Singapore

New Developments in Willingham Case, Ten Years After Execution

The Innocence Project has asked the State Bar of Texas to investigate former Navarro County prosecutor John Jackson relating to the arson case of Todd Willingham. Convicted of setting a fire on Dec. 23, 1991, that resulted in the death of his three young children — Amber, 2, and twins Karmon and Kameron, 1 — Willingham was executed on February 17, 2004.

Expert forensic testimony provided at the Willingham trial that equated burn patterns to the use of accelerants has been debunked by contemporary forensic science. Now, an article by Maurice Possley for The Marshall Project published in The Washington Post, details new evidence that undermines the second significant evidence that supported the conviction of Willingham, testimony from a jailhouse informant. Continue reading

A Blog on Junk Science Forensics – At Last!

cropped-bowers_capitol-small1

Here at the WCB, we’ve posted many, many articles dealing with the highly questionable scientific validity of most all forensic disciplines.  I’m very happy to report that there is now a blog dedicated to that issue.

Dr. Michael Bowers is a practicing dentist and forensic odontologist in Ventura, CA, and a long time forensic consultant in the US and international court systems. His newest book, “Forensic Testimony, Science, Law and Expert Evidence” with Elsevier/Academic Press is available on Amazon.

Dr. Bowers has some refreshing and insightful views on the validity of forensics, and maintains a blog addressing the “junk science” that so many in the justice system refer to as “forensic science.”  Please visit that blog here: Forensics in Focus.

[Editor’s note:  I, personally, refuse to call them forensic sciences.  They are not sciences.  Technologies? Disciplines?  Perhaps, but they’re not sciences.]

PS:  I have reviewed Dr. Bowers’ new book Forensic Testimony – Science, Law, and Expert Evidence, and you can read that review here.  I highly recommend it.

The FBI’s Can of Worms: Forensic review stalls, resumes on order of DOJ

The FBI’s massive review of criminal convictions with FBI forensic hair and fiber testimony, initiated in 2012, stalled in the face of widespread errors spanning two decades, but the review has resumed this month on order of the Justice Department. As reported by Spencer S. Hsu, an investigative reporter for the Washington Post, “Nearly every criminal case reviewed by the FBI and the Justice Department as part of a massive investigation started in 2012 of problems at the FBI lab has included flawed forensic testimony from the agency, government officials said.”

Read Hsu’s comprehensive article here. Highlights directly from the article: Continue reading

Fire Science and SBS? Yes – The Child Abuse Experts Can Learn From This

Sue Luttner, editor of the blog OnSBS, has posted an article that points out the parallels between “old” and discredited arson science and the situation with child abuse experts who are stuck in a paradigm paralysis regarding shaken baby syndrome (SBS).

‘Hats off’ to Sue, because the parallels had never struck me before, but they are incredibly close.

Please see Sue’s article here.

Kevin Martin Exonerated after 26 Years in Prison; FBI Forensic Hair Analysis in Error

The Washington Post has reported that Kevin Martin’s conviction of the 1982 murder of Ursula C. Brown was vacated on Monday. Brown had been abducted, sexually assaulted, and murdered after her car was struck from behind during a rash of similar crimes that authorities had dubbed the “bump-and-rob” assaults in Washington, D.C. Martin had long contended his innocence in the killing.

Martin is the fifth person to have his conviction overturned as a result of a recognition of inaccurate FBI hair analysis. The FBI and Justice Department review of all convictions involving FBI hair matches in the 1980s and 1990s continues. Two comprehensive reports linked here provide an indication of the bumpy road to truth years and even decades after miscarriages were prompted by an unjustifiable trust in unreliable science presented by a highly credible source.

Highlights directly from the Washington Post: Continue reading

Court Reexamines Arson Murder Conviction In Fort Stockton, Texas

A so-called “Junk Science” law passed in 2013 in Texas has helped enable review of the case of Sonia Cacy, 66, of Fort Stockton. Cacy was convicted of the 1991 murder by arson of her uncle, William Richardson. She has claimed innocence in the fire that swept through the small home they shared. The Innocence Project of Texas has been fighting for several years for her exoneration.

Cacy was sentenced to 99 years in prison but was paroled in 1998 after serving six years. According to the Innocence Project, post-conviction review of the case that included testimony from several experts was successful in securing her release. She’s had difficulty finding employment and housing and has been working for more than 20 years for exoneration to clear her name and her record of the conviction.

Cacy’s lawyers this week presented evidence supporting her innocence in two hearings, Monday and Tuesday, in Fort Stockton. Judge Bert Richardson expects to take several months to release his ruling.

According to several media reports, at trial a Bexar County toxicologist testified to jurors that gasoline was found on Richardson’s clothes, but several fire experts Continue reading

New Treatise on SBS (Shaken Baby Syndrome)

Sue Luttner maintains the blog OnSBS.  She is a long time observer and reporter of the state of SBS in the justice system.  We  have reblogged many of her articles here on the WCB.

Ms. Luttner has recently had published a definitive, scholarly work that traces the origins of SBS, and explains why the hypothesis of SBS is scientifically questionable.

If you are student of SBS at all, this is a must read.

For me, the most cogent point the paper makes is that SBS evolved into being through massively flawed inductive reasoning, driven by statistically invalid anecdotal observations of extremely small populations.  SBS is just a collection of guesses and speculations canonized into a “diagnosis,” which Prof. Deborah Tuerkheimer has so aptly stated is a “medical diagnosis of murder.”

Access the paper here.

 

Book Review – Forensic Testimony; Science, Law and Expert Evidence

 

Bowers book

There has been a recent addition to the literature regarding the validity of forensic evidence and the power that expert testimony has in court.  The book Forensic Testimony; Science, Law and Expert Evidence is written by C. Michael Bowers and published by Elsevier Academic Press.

Professor Jane Taylor, University of Newcastle, New South Wales, Australia has reviewed the book, and you can read that review here.

I have had the opportunity to personally review this book, and can say without question that it is a must read for anyone who deals with the validity (or lack of) and the power of forensic evidence and expert testimony in a trial.

The book really resonates with me, because it emphasizes the problems with the “uniqueness principle” and the use of flawed inductive reasoning in the development of the forensic disciplines (I refuse to call them “sciences.”) that I have been preaching about for years.

I most highly recommend it.  The book is available on Amazon here.

The chapter headings:

Chapter 1     The History of Experts in English Common Law, with Practice Advice for Beginning Experts

Chapter 2     Science and Forensic Science

Chapter 3     The Admissibility of Forensic Expert Evidence

Chapter 4     Professional Forensic Expert Practice

Chapter 5     Managing Your Forensic Case From Beginning to End

Chapter 6     Character Traits of Expert Witnesses: The Good and the Bad

Chapter 7     Voir Dire and Direct Examination of the Expert

Chapter 8     Cross Examination: The Expert’s Challenge and the Lawyer’s Strategies

Chapter 9     Uniqueness and Individualization in Forensic Science

Chapter 10   Forensic Failures

Chapter 11   Forensic Expert Ethics

Chapter 12   The Unparalleled Power of Expert Testimony

 

 

Flawed Forensics – Part of a TV Series from Al Jazeera America Examining the US Justice System

Al Jazeera America is running an eight part series called The System which examines the state of the justice system in the US.  This coming Sunday, June 1, the program will cover flawed forensics, and will highlight the case of Mississippi death row inmate Willie Manning.  Manning is a victim of the now-acknowledged faulty hair analysis practices of the FBI.

There is a zip code box on the Al Jazeera America home page to help you find their programming in your area:

AlJazeera3

Here is the schedule for the entire series, The System:

Episode 1: False Confessions, Sunday May 18th at 9E/6P

Episode 2: Mandatory Sentencing, Sunday May 25th at 9E/6P

Episode 3: Flawed Forensics, Sunday June 1st at 9E/6P

Episode 4: Eyewitness Identification, Sunday June 8th at 9E/6P

Episode 5: Parole: High Risks, High Stakes, Sunday June 15th at 9E/6P

Episode 6: Juvenile Justice, Sunday June 22nd at 9E/6P

Episode 7: Geography of Punishment, Sunday June 29th at 9E/6P

Episode 8: Prosecutorial Misconduct, Sunday July 6th at 9E/6P
 

 

Challenges to ‘Shaken Baby’ Convictions Mounting

There is an excellent (and brief) article on the current state of post-conviction SBS challenges that appeared in the Wisconsin State Journal.

You can read that story here.

Thanks to Keith Findley, co-founder of the Wisconsin Innocence Project and current president of the National Innocence Network, for passing this along.

Acquittal in California SBS Case

There was an acquittal in an SBS case in California this past Wednesday.

Quentin Stone was found not guilty of inflicting abusive head trauma (the current “official” term for SBS) on his infant son, who, days before, had accidentally fallen off the bed.

Sue Luttner, in her blog OnSBS.com, has done an excellent job of summarizing the case, and you can read her post here.

Forcing forensic-science reforms hasn’t been easy

When the National Academy of Sciences issued a seminal report on the sad state of forensic science five years ago, many hoped it would quickly lead to reforms and fewer wrongful convictions. That hasn’t happened — at least so far.

In a comprehensive review here, Chemical & Engineering News reports that ”little has been done to shore up the discipline’s scientific base or to make sure that its methods don’t result in wrongful convictions. Quality standards for forensic laboratories remain inconsistent. And funding to implement improvements is scarce.”

Even worse, the journal says, some are beginning to wonder if much will be done in the new future without continued advocacy from reform-minded scientist and their allies. The fight is far from over.

New Scholarship Spotlight: Relying on Demeanour Evidence to Assess Credibility during Trial – A Critical Examination

Amna M. Qureshi from the U of Ottawa has posted the above-titled article on SSRN.  Download here.  The abstract states:

Demeanour evidence is relied on by the justice system in one of the most important assessments at a trial, namely to assess the credibility of witnesses including complainants and accuseds. This use has also been the source of recent controversy in the case of R v NS where a sexual assault complainant was ordered to remove her niqab before she would be allowed to testify. This paper examines the common law assumption that witnesses in common law criminal courts are required to testify with their faces visible and the origins of this assumption. This paper argues that based on strong social science research the reliance on demeanour cues can be a distracting and unreliable method to assess credibility and increases the potential for wrongful prosecutions and convictions, reduced access to justice for marginalized groups and has a detrimental effect on the truth-seeking function of a trial as whole.

Finally, a Judge Calls Shaken Baby Diagnosis an “Article of Faith”

Now for the first time, a federal judge has condemned the standard SBS diagnosis itself.”

Jennifer Del Prete has been released from prison after 10 years, pending a new trial.  She was convicted in 2005 of killing 14-month-old Isabella Zielinski by shaking when she was working at a suburban Chicago day care facility.  She was convicted solely on the basis of SBS “triad” symptoms present in the child.  She has steadfastly maintained her innocence.

Deborah Tuerkheimer is a professor of law at DePaul University and author of the recently published book Flawed Convictions, ‘Shaken Baby Syndrome’ and the Inertia of Injustice.  Prof. Tuerkheimer has studied the Del Prete case, among many others, and has written about it.  She recently authored an article on the case for online Slate magazine.  Read Prof. Deborah Tuerkheimer’s story here.

You can also read the ABC News, Chicago story about the case here.

 

Tuesday’s Quick Clicks…

  • Man exonerated of rape charges in Sweden after 10 years in prison; now Sweden’s long-serving exoneree
  • In China, a long road to justice in recent double exoneration case
  • Rob Warden writes that the death April 20 of Rubin “Hurricane” Carter, middleweight prizefighter, heavyweight champion of the wrongfully convicted, is a vivid reminder of a plague that has long corrupted the criminal justice system — perjury by prosecution witnesses who have ulterior motives to lie.  Article….
  • Alaska Innocence Project gearing up for May hearing in the Fairbanks Four case
  • Article on how bad science leads to wrongful convictions
  • New judges’ training program in Bangladesh warns new judges to be vigilante against wrongful convictions
  • More strange twists and turns in the Montana case of Cody Marble