Supplemental News & Announcements for August 2008
CRIME LAB REPORT
Media and public-policy analysis for the forensic science community

Copyright 2008 by Crime Lab Report.  All rights reserved.  This report contains opinions expressed by CRIME LAB REPORT, which is an independent organization.  These opinions may not necessarily represent those of our sponsors or other organizations affiliated with CRIME LAB REPORT and its editors.  While every effort is made to ensure accuracy and contextual honesty, all opinions should be corroborated with independent research before being construed as factual.  Crime Lab Report will quickly correct and/or retract any information demonstrated to be erroneous.  We welcome opposing viewpoints and will publish responses from our readers, which may be edited for economy and clarity.

www.crimelabreport.com

In the News

California
DA's control of crime lab raises questions

Gagliardini and Revelo have been asserting for weeks — inside and outside the courtroom — that the crime lab, which is operated by the Kern County DA’s office, threatens its own credibility by not erecting a “firewall” between the prosecution side of the office and the science side.

Great Britain
Millions of DNA profiles passed to private firms

Papers obtained under the Freedom of Information Act show that on five occasions since 2004 private firms with police contracts have successfully applied to use the database to help them develop computer programs.

Arizona
State cuts force police to pay for crime lab use

The budget that Gov. Janet Napolitano helped craft cuts the state allocation for the Department of Public Safety crime lab by more than half. It also directs the agency to make up that difference by billing police, fire and sheriff's departments, and medical examiner's offices a total of $7.8 million for lab work that, until now, has been done free of charge.

Connecticut
$7.4 million announced for State Police Forensic Lab

Governor M. Jodi Rell today announced nearly $7.4 million for construction of the third phase of the State of Connecticut Police Forensic Science Laboratory in Meriden is expected to gain approval when the state Bond Commission meets August 4th.

North Carolina
Crumley wants crime lab backlog fixed

It's taking the North Carolina state crime lab between 15 and 18 months to get drug evidence processed. Bob Crumley, Republican candidate for North Carolina Attorney General, wants to do something about that.

National
Sweeping Database Searches Call “Infallible” DNA Evidence Into Question

Critics point to the findings of little-known Arizona state crime lab analyst Kathryn Troyer, after tests she ran found a pair of genetic profiles that matched, according to state standards. The convicts that her system matched were very much unrelated; however, one felon was white, and the other was black.

National
Backlog of DNA samples may hamper JonBenet case

Investigators in the JonBenet case said that tests on a few invisible skin cells have convinced them they have the DNA profile of the man who killed the 6-year-old beauty queen in her Boulder home in 1996. But so far they haven't found a match.

Virginia
Virginia reaches gun database milestone

The Department of Forensic Science says it recently achieved its 1,000th hit using the National Integrated Ballistic Information Network. The system went into full use in the Virginia state crime labs in 2002.

National
Demand for forensic workers on the rise, US bureau reports

An increasing need for forensic scientists, who examine, solve and prevent crimes, has led to a 21-percent rise of jobs in the profession, according to the Bureau of Labor Statistics.

National
Using DNA evidence in small crimes could clog system

New research shows that using DNA to solve property crimes like burglaries -- and not just violent crimes like homicides and sexual assaults -- is particularly effective.

Australia
Clearer Fingerprints Even on Wet Surfaces Possible With Nano-Zinc

Detectives may be able to obtain a clear set of fingerprints even on wet surfaces by using a powder made up of zinc oxide nanoparticles, Australian researchers are suggesting.


Upcoming Meetings and Conferences

Please send us an email if you'd like us to announce an upcoming event.  We will post meeting announcements for major events only.
 

(IAFS)      International Association of Forensic Sciences
July 21-26, 2008   New Orleans, Louisiana

(IAI)         International Association for Identification
August 17-23, 2008    Louisville, Kentucky

(NAME)    National Association of Medial Examiners
September 5-10, 2008     Louisville, KY

(ASCLD)  American Society of Crime Laboratory Directors
September 14-18, 2008   Salt Lake City, Utah

(SAFS)     Southern Association of Forensic Scientists
September 21-26, 2008    Shreveport, Louisiana

(SWAFS)  Southwestern Association of Forensic Scientists
September 22-26, 2008   Little Rock, Arkansas

(MAFS)    Midwestern Association of Forensic Scientists
September 28 - October 3, 2008     Des Moines, Iowa

(NAFS)     Northwest Association of Forensic Scientists
November 3-7, 2008   Boise, Idaho

(AAFS)    American Academy of Forensic Sciences
February 16-21, 2009     Denver, CO

(MAAFS)  Mid Atlantic Association of Forensic Scientists
May 4-8, 2009    Hunt Valley, MD

(AFTE)     Association of Firearm & Toolmark Examiners
May 31 - June 5, 2009   Miami Beach, FL   

(Special Joint Meeting)   MAAFS, MAFS, SAFS, SWAFS
October 18-23, 2009    Orlando, FL

 

Special Announcement

The 2005 Census on Publicly Funded Crime Labs has been posted by the Bureau of Justice Statistics.  Please click the link below to view this important document.

2005 Census of Publicly Funded Crime Labs

Letters to the Editors

Crime Lab Report's editorial announcing the publication of "The Wrongful Conviction of Forensic Science" drew some thought-provoking comments from our subscribers.  These opinions are personal observations and may not represent those of Crime Lab Report nor the organizations with whom these authors may be affiliated or employed.

------------------------------------------------------------------------------------

From:   Elaine M. Pagliaro, JD, MS, Asst. Director
            Connecticut Forensic Science Laboratory
Date:    July 28, 2008

Dear Editors:

I want to thank the authors Collins & Jarvis for a well constructed article concerning the apparent misrepresentation of the role of forensic science in wrongful convictions.

When the Innocence Project started to group "limited" science with forensic malpractice, it added to the misconceptions of the public. In our own state, a man was convicted of sexual assault and spent many years incarcerated for a crime he did not commit. At the time of trial, blood typing included him among the percentage of persons in the state who could have contributed the semen. At no time did anyone imply this test was more individualizing than it actually was.

When DNA excluded him, the lab was happy that it could bring justice by applying new technology. But few pointed out that the State Crime Lab did the DNA work that freed him.

It is unfair of the Innocence Project to call this testing "limited science!" It was not limited at the time -- it was the best we could do. When we started doing DNA testing and were still doing ABO typing, between 20 - 30% of suspects included by ABO were excluded by DNA. This is information that has been known by the scientific and legal communities for a long time.

We certainly should be (and are in CT) willing to conduct DNA testing on behalf of someone who claims to be falsely convicted. But we should not be vilified because of the inability of past scientists to achieve the kind of individualization we know today.

As a forensic scientist and an attorney I am constantly trying to bring an understanding of science, including its limitations, to members of the bar. We should make a concerted effort to increase educational opportunities for law students and practicing attorneys to understand some basic scientific concepts, including the development of scientific knowledge and the fact that not all science is quantitative!

Once again, thank you to Collins & Jarvis. And thank you for the opportunity to get on my soapbox about an issue that has concerned me for some time.
--------------------------------------------------------------------------------


From:   Sheila Martin Berry
            Truth in Justice,  Board of Directors
Date:    July 27, 2008

Dear Editors:

I have yet a different take on the ridiculously low number of wrongful convictions attributed to bad lawyering.   

I am sure that almost all, if not all, of the cases in which defendants were eventually exonerated by DNA, were first reviewed by appellate courts at every level available to the defendant.  I am equally confident that at least half, if not more, raised ineffective assistance of counsel (IAC) as an issue on appeal.  

But appellate decisions finding ineffective assistance that compromises a defendant's right to a fair trial and/or leads to an unjust outcome are as rare as hen's teeth.  I don't know this, but I suspect Professor Garrett and the Innocence Project only counted bad lawyering that was recognized by appellate courts -- 3 out of 200 would be about right -- rare as hen's teeth. Counting all the instances where the lawyers did little more than breathe during trial but were found by appellate courts to have done a fine job just invites circular arguments that produce nothing useful.

Please see my article on bad lawyering.  It was published in the Northern Kentucky Law Review in 2003. 
--------------------------------------------------------------------------------

 From:   Dr. Lowell J. Levin, Diplomat
             American Board of Forensic Odontology
Date:    July 27, 2008

Dear Editors:

A note on the Ray Krone Case......Mr. Krone was granted a second trial.  His defense attorney was Christopher Plourd, a member of the Jurisprudence Section of the American Academy of Forensic Sciences, and quite experienced in forensic evidence.  He presented three forensic odontologists, considered leaders in the field of bite mark evidence, who rendered testimony excluding Krone. Mr. Krone was convicted in spite of the testimony of all three.  How can this second  conviction be categorized as a cause of the conviction without extensively interviewing the jurors to determine what they based their verdict upon?
---------------------------------------------------------------------------------   

Notice of Correction

In an editorial published on February 7, 2008, Crime Lab Report inadvertently implied that the Innocence Project (IP) was directly furnished with a series of questions to which they did not respond.  In fact, the questions posed in the September 27, 2007 editorial were directed to journalists and elected officials as a recommended line of questioning when evaluating the IP's public policy agenda.  The IP's decision to not respond to this editorial should not be construed as an avoidance of the questions.  A correction has been posted at the Crime Lab Report website.
 

 

 


 

Please click here to contact CRIME LAB REPORT.  Our office hours are 5PM - 9PM Monday through Friday (CT).