Open up DNA Databases to All
In most states, prosecutors have exclusive access to over 11 million DNA samples in the CODIS national database to match known and unknown suspects to crimes. Over the last decade, there have been dozens of cases where an attorney for a convict has dug into the case file and found untested DNA that could exonerate their client. However, when they ask the court to test the new evidence, judges say they do not have the power to force prosecutors to retest. If the CODIS system was open, government and judicial watchdog groups maintain that hundreds and maybe thousands of prisoners could substantiate their innocence. These massive DNA databases have been built by American taxpayer funds ever since the DNA Identification Act was passed in 1994, but if we find ourselves in trouble and our lawyer discovers DNA evidence that needs to be checked out, we are not allowed access. Currently only nine states (including Colorado, Ohio, and Maryland) grant defense attorneys access to DNA databases, but if suspects are innocent until proven guilty, why not level the playing field and give the defense a chance to prove their innocence?
Date of article: January 27, 2013
[Abstract by ForensIQ intern, Mark Lombard]
Citation:
Dimond, D. Rockland County Times Newspaper. Open up DNA Databases . Retrieved January 28, 2013, from http://www.rocklandtimes.com/2013/01/27/open-up-dna-databases-to-all/
The forensicweek.com Show – Episode 008 – 012413 – The Polygraph Process
The forensicweek.com Show is airing Episode 008 this Thursday evening, January 24, 2013 at 7:00 PM (EST), discussing the “Truth and Lies of the Polygraph.” This show is Part II of the series of episodes where we will discuss the polygraph (commonly incorrectly referred to as a lie detector) and focus on the polygraph process that includes the physiology, psychology, and instrumentation of the polygraph. So join host, Tom Mauriello, former federal polygraph examiner, and the rest of the forensicweek.com team and learn the “real” truth about this investigative technique for seeking the truth. Watch the show LIVE or view it at your convenience after the show is aired. Just GO TO www.forensicweek.com or directly to http://www.youtube.com/forensicweek/.
Proposed Law Collects DNA with Every Felony Arrest
A proposed bill in the Indiana statehouse would collect DNA samples from everyone who is arrested on a felony charge. Currently, the Department of Corrections (D.O.C.) takes DNA samples from people convicted of certain crimes and places them into a database of convicted criminals, but those who receive suspended sentences or probation are left out of the collection. As Allen County Superior Court judge, Fran Gull says, “A small percentage of our population commits a vast majority of the crimes. We get frequent fliers who come through, so having information available to law enforcement could help them solve additional crimes that may have been perpetrated by these” repeat offenders.
The bill will be heard in the Committee on Judiciary on January 23rd, and will go into effect July 1st, 2013 if it becomes law.
Link to full article and a video.
Date of Article: January 10th, 2013
[Abstract by Mark Lombard, ForensIQ Intern, January 15th, 2013]
Special thanks to Forensicmag.com
Citation
Wane.com. Proposed law collects DNA with every felony arrest.Retrieved January 14, 2013, from http://www.wane.com/dpp/news/crime/proposed-law-collects-dna-with-every-felony-arrest
DNA Technology Proved the Key in Robert Gordon Rape Conviction
DNA technology continues to be the key in bringing those responsible for serious crimes to justice. In the United Kingdom, DNA profiling brought Robert Gordon to justice 30 years after he raped a stranger in a Basingstoke Park. Thanks to the formation of “Operation Galaxy” in 2010 by Hampshire Constabulary and their team dedicated to reviewing forensic evidence of all historic undetected sexual assaults after 1980, Robert Gordon is put behind bars. 30 years ago, Gordon was able to get away because of a lack of eyewitnesses and clues. But advances in DNA technology was the key to bringing him to justice.
Check out the full article right here
[Abstract by David Miller, ForensIQ Intern, December 19, 2012]
Citation
Morton, Helen. “DNA Technology Proved the Key in Robert Gordon Rape Conviction.”Basingstoke Gazette. N.p., 17 Dec. 2012. Web. 19 Dec. 2012.
DC Judge Orders Exoneration, Cites Hair Evidence DNA Test Rejected
51 year old, Santae Tribble, spent 28 years in prison for a murder that he did not commit. In 1978, he was convicted for the murder of a Southeast Washington taxi driver after an FBI examiner claimed that he microscopically matched Santae Tibble’s hair to one in a stocking found at the crime scene. However, it took almost 30 years for Tribble to finally be exonerated. DNA testing proved that none of the hairs used as evidence actually matched Tribble’s genetic profile. Judge Laura Cordero ordered Tribble’s exoneration and he became the second D.C. man in 2012 and the third since 2009 to be exonerated after serving a long sentence based on false hair matches. As a result of these exonerations and mistakes in the FBI Laboratory, the Justice Department announced a nationwide review of all cases in which were handled by the FBI Laboratory;s hair and fibers unit before 2000. Editorial note: In 1978, they did not even have the technical capability to positively identify an individual from a hair sample.
Read the full article here and even watch a video of Sentae Tribble telling his story
[Abstract by David Miller, ForensIQ Intern, December 19, 2012]
Citation
Hsu, Spencer S. “D.C. Judge Exonerates Santae Tribble in 1978 Murder, Cites Hair Evidence DNA Test Rejected.” Washington Post. The Washington Post, 15 Dec. 2012. Web. 19 Dec. 2012.
County detective develops 3D crime-scene animation
When at a crime scene, detectives record measures from all angles so they can explain scientifically how the crime took place. However, once detectives are in the courtroom they have to explain to a jury their findings and with the help of two-dimensional photographs they can explain the events a little better. However, juries often need more visual presentations to truly understand what took place. Then want more then just explanations and photographs and Berks County Detective Albert Schade discovered that he can use a free computer program to create a 3D model of a crime scene, all from the measurements and crime scene sketches. With that 3D model, Schade made some modifications to gaming software allowing him to virtually take the viewer into the scene using a computer mouse. Schade stated, “If I want to walk a jury through a crime scene I really can’t do it with animation because they’re all looking through one camera angle,” “Having an interactive way to walk through things and talk to people while doing it is very helpful.”
[Abstract by David Miller, ForensIQ Intern, December 19, 2012]
Citation
Henshaw, Steve. “County Detective Develops 3-D Crime-scene Animation.” Reading Eagle. N.p., 13 Dec. 2012. Web. 19 Dec. 2012.
Ohio Justices: DNA Proof Must be Kept
On Thursday, December 6, 2012, the state Supreme Court of Ohio ruled that all law-enforcement agencies must preserve all biological evidence in both rape and murder cases. Prior to this ruling, agencies could have trashed any evidence that existed before the law’s enactment. Supreme Court Justices stated that agencies and crime labs that believe they can destroy all evidence from cases before the law took affect in 2010 are wrong. This ruling is important for innocent people who could have had their evidence destroyed. Chief Justice Maureen O’Connor stated in the court’s opinion that “Because DNA and biological evidence play such significant roles in the judicial system, it is imperative that law-enforcement agencies handle all evidence with extreme care.”
Check out the full article here
Date of Article: December 7, 2012
[Abstract by David Miller, ForensIQ Intern, December 13, 2012]
Citation
Candisky, Catherine. “Ohio Justices: DNA Proof Must Be Kept.” The Columbus Dispatch. N.p., 7 Dec. 2012. Web. 13 Dec. 2012. <http://www.dispatch.com/content/stories/local/2012/12/07/ohio-justices-dna-proof-must-be-kept.html>.
Police Sketcher Turns Witnesses’ Memories Into Evidence
Detective Greg Bean of the Bellevue (Seattle) Police Department can draw from victims memories to create nearly identical computer sketches of suspects. Bean, who could barely draw stick figures throughout his life, has become a successful forensic artist by learning how to use a computer program designed to assist law enforcement agencies in creating composite drawings of suspects. Bean learned that art begins in the mind, not in the hand. Bean became an expert on facial features and his last eight sketches have been identical to the suspects arrested, including Danford Grant, a Seattle attorney who was a suspect of several alleged rapes. Bean stated, “All I’m trying to do is create the most accurate representation of that image – that memory – that I can so that the public and police can use that to hopefully catch, arrest and prosecute the bad guy.”
Read the full article here and also view a photo galley of Beans sketches and oil paintings.
Date of Article: November 25, 2012
[Abstract by David Miller, ForensIQ Intern, December 6, 2012]
Citation
Thomas, Linda. “Police Sketcher Turns Witnesses’ Memories into Evidence.”MyNorthwest.com. 25 Nov. 2012. Web. 06 Dec. 2012.
Serial Killer’s Blood May Solve Old Murders
The blood of mass murderer John Wayne Gacy and other executed men will be entered into the DNA national database in hopes it will link them to the coldest of cold cases. Detective Jason Moran said, “You just know some of these guys did other murders’ that were never solved.” By qualifying executed men as homicide victims, officials were able to get Gacy and others in the FBI’s Combined DNA Index System. There are many unsolved murders going back to the 1970’s when Gacy was killing young men. Other states should turn in the DNA of executed inmates in hopes it will link them to unsolved murders. As of today, there have been no hits that link Gacy or others to unsolved crimes. However, it is just a matter of time when further DNA is submitted that will solve these cold cases.
Check out the full article here.
Date of Article: December 3, 2012
[Abstract by David Miller, ForensIQ Intern, December 6, 2012]
Citation
Babwin, Don. “Serial Killer’s Blood May Solve Old Murders.” Forensic Magazine. N.p., 3 Dec. 2012. Web. 06 Dec. 2012.
What Lawyers and Judges Need to Know About Trace Evidence Examination
The scene of a crime frequently yields a large amount of trace evidence. Trace evidence is left when different objects contact one another. During a criminal investigation, trace evidence plays an essential role in establishing a connection between the crime scene, the victim, and the suspect. Trace evidence includes human hairs, synthetic fibers, gunshot residue, and paint. It is important for those unfamiliar with the science involved in trace evidence to understand the methods used to analysis said evidence, as well as the process involved in finding, construing, and testifying about the evidence.
The American Academy of Forensic will be holding their Annual Meeting taking place on February 18-23, 2013 in Washington, DC, where Gateway Analytical will be giving a presentation entitled, “What Lawyers and Judges Need to Know about the Science behind Trace Evidence Examination.” Higgs stated that this presentation “. . .will help attendees gain a general introduction and exposure to the scientific method employed in the analysis of trace evidence, as well as the conclusions that can be expected from the various types of trace evidence examinations.” In addition, the presentation will provide case studies in which trace evidence was vital in the investigation, as well as the trial. Assuring judges and lawyers understand the science behind trace evidence; will assure the jury understands the significance of the results.
Check out the full article here.
Date of Article: November 12, 2012
[Abstract by David Miller, ForensIQ Intern, December 5, 2012]
Citation
Higgs, Brittney. “What Lawyers and Judges Need to Known about the Science behind Trace Evidence Examination.” Gateway Analytical. 12 Nov. 2012. Web. 05 Dec. 2012.
Supreme Court Will Decide on Collection of DNA
In 2013, the Supreme Court will decide whether it is legal for law enforcement to collect DNA samples from people under arrest, but not yet convicted of the crime. There are currently 27 states and the federal government that have laws allowing these laws as they help to solve old cases and provide public safety. But, justices will review a verdict made in Maryland court in which law enforcement could not collect DNA from suspects who have not yet been convicted of a crime. In 2009, Maryland began collect samples from those arrested for violent crimes. Alonzo King Jr. was arrested during that time for assault and police collected his DNA. Kings DNA matched the DNA of a rapist from a rape, which took place in 2003. As a result, King was found guilty and sentenced to life in prison. However, King stated that the collection of his DNA before conviction violated the Fourth Amendment. The highest court agreed with Kings views and his conviction was overturned. Jesse Holland of the Associated Press stated “The federal appeals courts have so far side with the police on this issue, who say the samples contribute to a database that helps law enforcement.” State of Maryland has appealed the courts decision and the Supreme Court will review the case in 2013.
Check out the full article here.
Date of Article: November 12, 2012
[Abstract by David Miller, ForensIQ Intern, December 5, 2012]
Citation
Holland, Jesse. “Supreme Court Will Decide on Collection of DNA Samples.” Forensic Magazine. 12 Nov. 2012. Web. 05 Dec. 2012.
“Convicting the Innocent” not just a title of a book – Its happening too often!
Brandon L. Garrett in his book, “Convicting the Innocent,” examines the first 250 innocent people exonerated by postconviction DNA testing. It was not until Sir Alec Jeffreys developed the first DNA profiling test in 1984, that we ever realized that our system of justice in America may be convicting innocent people. Today, we have DNA to thank for throwing this failure in our faces,… and rightfully so. But I do not see anyone asking the hard questions like, …Why is this happening? What went wrong? What is going wrong? What can we do to fix it? Garrett found that of the 250 exonerees, 76% (190) were misidentified by an eyewitness. Are we placing too much credence in eyewitness testimony? You bet ya! Most recently, the Commonwealth of Virginia, Department of Forensic Science has disclosed DNA test results for more than 70 persons where testing of biological evidence discovered in forensic case files from 1973 to 1988, failed to identify the convicted person. Read more on this issue.
It is my opinion that there is a significant lack of training for police investigators (not mandated in most states, if any at all); the pressure for them to clear cases; forgetting that they should be looking for the truth, not simply finding evidence that satisfies their initial beliefs in an investigation; not treating the investigation as a process involving multiple players; and prosecutors not willing to admit maybe they were wrong about a case, has caused this travesty to have been brought to the forefront by the advent of DNA. Was this happening before Dr. Jeffreys’ DNA profiling turned the investigation process upside down? I believe so. It was easy to remain pompous when all you had to do was accept the decision of the 12 people not smart enough to get out of jury duty (the jury) as being infallible.
Exonerations and False Convictions
It is scary to know that most wrongful convictions do not end in exonerations and instead the accused serves their time or even dies in prison. The National Registry of Exonerations is a new project by University of Michigan Law School and Northwestern University School of Law. More than 2,000 innocent people have been exonerated in the United States in the past 23 years. You can read the details of nearly 900 exoneration cases at the registry website.
Find out more about this now.
Date of Article: May 21, 2012
[Abstract by Carrie Wells, ForensIQ Student Intern, June 18, 2012]
Can DNA Testing in Death Row Case be “Frivolous”?
Hank Skinner could possibly be exonerated from a triple murder in Texas in 1993 if it could be agreed that untested evidence from the crime scene be tested for DNA. Skinner is currently on Death Row and has come very close to execution without all of the crime scene evidence being thoroughly analyzed. Solicitor General Jonathan Mitchell told the judges in the case that further DNA testing would be “frivolous”. Some believe that the testing is being avoided because the prosecution is afraid of Skinner being excluded.
Find out more here.
Date of Article: May 4, 2012
Law Enforcement Against Prohibition (LEAP)
Should drugs be legalized? This is a question that has been debated for several years and one that continues to affect our society. While most people would assume that all law enforcement officers and members of the criminal justice community are against legalizing drugs, this is not the case. There is a group known as Law Enforcement Against Prohibition (LEAP) that includes current and former members of the law enforcement and criminal justice communities which firmly believes that we would benefit from legalizing drugs.
LEAP was founded in 2002 by five cops. Now, they boast over 50,000 supporters from 80 different countries. Supporters include police, prosecutors, judges, corrections officials, military personnel, FBI/DEA agents, and civilians. LEAP is based out of Medford Massachusetts.
According to their website, LEAP’s mission is to “reduce the multitude of unintended harmful consequences resulting from fighting the war on drugs and to lessen the incidence of death, disease, crime, and addiction by ending drug prohibition.” They believe that the main cause of almost all of the societal and economic damage can be blamed on drug prohibition. They argue that because of prohibition, marijuana is worth more than gold and heroin is worth more than uranium. Another point that they use to make a case against prohibition is that it does nothing to reduce drug use and abuse.
To learn more, check out their website.
[Abstract by Brittany Schuh, ForensIQ Student Intern, July2, 2012]
