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Crime laboratory directors show class and heart.

October 17, 2007 by Crime Lab Report

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Dwayne Allen Dail, convicted in 1987 for the rape of a 12-year old girl in North Carolina, stood stunned as a group of over 300 forensic science leaders from around the world gave him a standing ovation. At the age of 39, Dail was exonerated only a month earlier when DNA test results prompted his immediate release from prison.

The moving speech at the 35th annual meeting of the American Society of Crime Laboratory Directors (ASCLD) in Orlando, Florida was Dail's first public address as a free man. An emotional ASCLD president, William Marbaker, struggled to compose himself as he eloquently praised Dail for his courage.

The warmth and kindness extended to Dwayne Allen Dail, who was accompanied by family members and his attorney, reflected a kind of professionalism and good-will that is rarely described by many journalists and editors who are so willing to portray forensic scientists as being incorrigibly corrupt and incompetent. All too frequently, these critics succumb to the temptation of indulging their preconceived notions about forensic science without taking the time or opportunity to learn the truth. In doing so, they irresponsibly slant their reporting in favor of positions advocated by those with the most media savvy and the loudest voices.

Sometimes the truth comes from the lips of those least eager to speak.

Forensic science, you see, is not a publicity stunt. It is a serious and methodical search for the truth by leaders and practitioners who are committed to answering important questions that only few have the credentials to even ponder. Forensic scientists operate within an adversarial and fiercely competitive legal system populated with lawyers who are supposed to value the truth but too often prioritize winning over fact-finding. And in those instances when scientific evidence is unethically exploited to favor one side or the other, misinformed journalists are quick to blame the scientists who rarely have any power to stop it.

While an increasing number of crime laboratory directors are realizing just how naive they are about interacting with the media, it's also one of their most endearing qualities. Manipulating journalists and twisting the facts for self-serving purposes is not something they are good at. And they have been too busy managing the massive quantities of evidence flowing into their laboratories to make time for the public relations effort needed to keep the record as accurate as possible. This makes forensic science an easy target for an increasingly hostile media that habitually confuse underdeveloped publicity skills for professional incompetence.

Crime laboratory directors are the foundation for all of forensic science and are therefore critical to the functioning of our entire criminal justice system. Rarely do we hear about them, but it is under their watch that science is so frequently and reliably applied to solve even the most baffling and horrific criminal cases. Thanks to their vision and expertise, they have transformed a profession that was once plagued by weak quality-assurance practices and a culture that was more fraternal than scientific.

All that has changed.

While many of the technical details discussed during the four-day symposium in Orlando would bore and confuse most people unfamiliar with the profession, it would be a challenge for any objective observer to witness the presentations and discussions shared among America's crime laboratory directors (joined by their enthusiastic and supportive international colleagues) and conclude that the profession of forensic science is in decline.

To the contrary, it is a profession that is undergoing rapid and steady progress monitored by thoughtful and competent leaders.

Dwayne Allen Dail came to Orlando to tell his story. He is living proof that our criminal justice system has made terrible mistakes and will probably make more if it is not subjected to honest and serious scrutiny. But as Voltaire once said, "No problem can stand the assault of sustained thinking."

What a profound mistake it would be to ignore the solutions and possibilities that America's crime laboratory directors are capable of formulating. These are great minds with good hearts.

It's time for them to be given the courtesy and respect they have earned.

If you would like to comment on this editorial, please email us at editors@crimelabreport.com. Your feedback is valuable to us.

A Message from our Editors

October has been a very busy month in the media and elsewhere.

Two major events occurred in recent weeks. First, MSNBC aired "When Forensics Fail," a two-part documentary billed as exposing problems in the forensic sciences. The piece was well produced and did expose serious injustices that resulted in the imprisonment of innocent people; however, the programs would have been better titled "When Prosecutors Fail." We will have more analysis of this documentary for you in the coming weeks.

Second, a circuit court Judge in Maryland ruled that fingerprint evidence against a murder defendant was inadmissible at trial. As you will see in our correcting the record section, one university professor has already chimed in on the matter. Crime Lab Report is working to obtain a copy of the judge's opinion and we will provide an objective review of this decision for you. Please check in with us frequently to stay informed.

Thanks, and please enjoy this October issue of Crime Lab Report.

Recent Quotes in the News

October 23, 2007: Ron K. Noble, Secretary General, ICPO-Interpol "Forensic science and investigation have become a central part of the criminal investigation process and of the justice system. Through the huge popularity of the media and television programs such as CSI, the microscope has been turned on forensic science in a much more public way. Forensic science has contributed to both the failures of the justice system and to its successes. The role of forensic science in correcting miscarriages of justice is well documented."

10/22/07: Janet DiFiore, District Attorney, Westchester County, NY
“As prosecutors, our obligation is to vigorously search for the truth and aggressively prosecute the guilty, and the justification that gives us the moral as well as the legal authority to do so is that we just as vigorously protect the rights of the innocent."

10/14/2007: Durham, N.C. Superior Court Judge Orlando Hudson
"The prosecutors and police are not the people the public wants to see investigated. But I think with the abuses we've found with evidence, sometimes they need to be investigated." (Source: Denver Post)

10/2/2007: Steve Holloway, Director of the Wyoming Forensic Science Laboratory
“To deal with the increasing demand for laboratory services, we’re going to need more analysts in the future so that we can better meet the needs of our customers at the state, local and federal law enforcement level that submit things for analysis." (Source: Casper Star-Tribune)

10/15/2007: Jan Burke, Author, Crime Laboratory Advocate
"Our political leadership seems unable to grasp how very high the cost of not funding labs is, and we must work together to make them aware of that reality." (Source: Forensic Magazine, 2006)

10/5/2007: Hillary Clinton, 2008 Presidential Candidate
"When science is politicized, when the truth is subjugated by ideology, it's worse than wrong -- it's dangerous. Ending the war on science and once again valuing the ever-skeptical but always hopeful scientific enterprise is about more than our economy. It's about more than our security. It is about our democracy." (Source: Fox News, Washington, D.C.)

Here's what's been happening

MSNBC
October 25, 2007
MSNBC aired the final episode of a two-part documentary titled "When Forensics Fail," on Thursday October 25th. The first episode aired one week earlier. Crime Lab Report identified several problems with the broadcast during an in-depth analysis of the series. Our editorial board is preparing a response, which will be published in the coming weeks.

Maryland
October 23, 2007
Baltimore County Circuit Judge Susan M. Souder ruled that fingerprints are not reliable enough to be used against a defendant accused of fatally shooting a shopping center merchant during an attempted carjacking. A 32-page decision was written in which the judge makes controversial reference to the FBI's false identification of an Oregon lawyer in the 2004 Madrid train bombings. Crime Lab Report will have more on this story later. Click here to read about this case.

Texas
October 6, 2007
The crime laboratory at the Houston Police Department is in the news again. An attorney for the Houston Police Officers Union announced to the Houston Chronicle that several crime lab employees approached him about alleged cheating during routine proficiency testing. The news came just as a man is about to be released after serving 12 years in prison for a rape that authorities are claiming he did not commit, and was allegedly based on faulty forensic work.

New York Times
October 1, 2007
New York Times reporter, Solomon Moore, published an article titled, "Exoneration Using DNA Brings Change in Legal System". The article makes only passing references to forensic science; however, Moore presents a supportive view of crime lab oversight without questioning its value and appropriateness. He also mistakenly identifies ASCLD as an accrediting body.

Michigan
September 28, 2007
Governor Jennifer Granholm announced the layoff of 35,000 state workers in the wake of a massive state-wide economic crisis. The Detroit Free Press listed several state services that would be affected, including "the cessation of crime lab services."

Alabama
September 7, 2007
Pete Marone, President of the Consortium of Forensic Science Organizations publicly thanked Senator Richard Shelby, R-Ala., for providing leadership that will likely result in a considerable increase in federal funding directed towards America's forensic science laboratories. Senator Shelby has emerged in recent years as a powerful advocate for forensic science laboratories.