Forensic Files

Forensics: Costs of forensic expert witnesses in a murder trial with the defendant facing the death penalty.

35 Hours: Aaron Hernandeztumblr_nlx9v2T0Gw1u41i6yo1_500

Former New England Patriots NFL football player Aaron Hernandez, right, sits besides his attorney Charles Rankin during deliberations in his murder trial, Tuesday, April 14, 2015, at Bristol County Superior Court in Fall River, Mass. Hernandez is accused of killing Odin Lloyd in June 2013.

Credit: (David L. Ryan/The Boston Globe via AP, Pool)

Forensics: Costs of forensic expert witnesses in a murder trial with the defendant facing the death penalty.

Costs of forensic expert witnesses in a murder trial with the defendant facing the death penalty. Pathologist = $300/hr. Psychiatrist = $500/hr. “Mitigation specialist” = $100/hr. All have caps on maximum amount allowed.

Ballistics: OC Crime Lab Goes 3D – Matching bullet groves to suspect weapons considered a reliable forensic “tool.” 

 Opinion: Reliability is a two way street in forensic reform: In the lab and the courtroom.

[excerpt] “That forensic science is in need of restructuring is hardly earth-shattering news. Six years ago, in 2009, the National Academy of Sciences published a revealing report, “Strengthening Forensic Science in the United States: A Path Forward,” which detailed the burdens facing forensic science.” Full article. 

Man wrongfully jailed for 2 months on sex crime freed after Denver police find lab tech made error

DENVER – Denver police and prosecutors say a man wrongfully jailed as a sexual assault suspect for two months was freed Wednesday after police found that a crime-lab technician had mistakenly linked the man’s DNA to the attack. Full article.

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About csidds

Dr. Michael Bowers is a practicing dentist in 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.

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Costs of forensic expert witnesses in a murder trial with the defendant facing the death penalty. Pathologist = $300/hr. Psychiatrist = $500/hr. “Mitigation specialist” = $100/hr. All have caps on maximum amount allowed.

Ballistics: OC Crime Lab Goes 3D – Matching bullet groves to suspect weapons considered a reliable forensic “tool.” 

 Opinion: Reliability is a two way street in forensic reform: In the lab and the courtroom.

[excerpt] “That forensic science is in need of restructuring is hardly earth-shattering news. Six years ago, in 2009, the National Academy of Sciences published a revealing report, “Strengthening Forensic Science in the United States: A Path Forward,” which detailed the burdens facing forensic science.” Full article. 

Man wrongfully jailed for 2 months on sex crime freed after Denver police find lab tech made error

DENVER – Denver police and prosecutors say a man wrongfully jailed as a sexual assault suspect for two months…

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Wrongfully convicted former Death Row inmate gets second bite at $18 million case

Decorative Scales of Justice in the CourtroomPosted: 04/07/2015, 10:45am |  @ Chicago Sun Times

Nathson Fields, former Death Row inmate who was cleared of a double murder, will get another chance to win substantial damages from the city and police. A lawsuit last year led to a judgment of $80,000; he had sought $18 million. | Rummana Hussain/Sun-Times

A former Death Row inmate who was wrongfully convicted of a double murder after a Chicago cop withheld or fabricated evidence against him, then was left fuming when a federal jury awarded him just $80,000 in damages, is getting another chance to win the $18 million he says he deserves.

FBI To Formally Open New South Florida HQ

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The FBI’s new South Florida field office in Miramar. (Source: CBS4)

MIAMI (CBSMiami) – There will be a ribbon cutting and dedication ceremony Friday for the FBI’s new South Florida field office in Miramar.

FBI Director James Comey and U.S. Rep. Frederica Wilson are scheduled to officially open the building which is named for agents Benjamin P. Grogan and Jerry L. Dove, who were killed in a gun battle with bank robbers in South Miami-Dade on Friday, April 11, 1986. The firefight is still considered the bloodiest in the history of the FBI. Agent Grogan was a 25 year veteran of the Bureau. Agent Dove had been with the FBI for four years.

“The naming ceremony and dedication is a fitting tribute to Special Agents Benjamin P. Grogan and Jerry L. Dove. These brave men answered the call of duty and gave their lives to keep our streets, communities and country safe. We owe them and their families a debt of gratitude that can never be repaid,” said Wilson in a statement.

The new $194 million office building contains 330,000 square feet and sits on a 20-acre site adjacent to Interstate 75.

For 28 years, the FBI’s South Florida headquarters was located in North Miami Beach. The field office has jurisdiction over federal cases along Florida’s southeast coast from Vero Beach to Key West.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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Atascadero woman finds out she could be exposed to Hepatitis B, C & HIV

It has been several days since hundreds of letters from the Santa Barbara County health Department were mailed to patients of a local clinic.  Those letters warn patients to get tested for Hepatitis B, C, and HIV. 

“It’s the accident that just keeps on giving,” says Teresa Turner, a resident of Atascadero.

In 2011, 55-year old Turner says a drunk driver crashed into her, sending her to Dr. Allen Thomashefsky’s Santa Barbara Medical Clinic.

“Dr. Thomashefsky is a very friendly person, he seems to be a good guy,” says Turner.  “The office was very clean and there was nothing out of the ordinary.”

At his office, Turner says she underwent therapy.

“Neck, back, and abdominal muscle,” says Turner.  “I had several injections.”

When say this week’s news, a familiar face came up.

“It was announcing who the doctor was and it was Dr. Thomashefsky,” says Turner.

A phone call later to the Santa Barbara County Health Department, Turner was told she needs to get tested for possible Hepatitis B, C, and HIV.  An appointment that could not come soon enough.

“Monday although it is only a couple of days away, it seems like it is very far away,” says Turner.  “They are infectious diseases and I am concerned that they could have been shared with someone else.”

Turner says she knows the test results could be life changing.

 

“If I was to be infected by one of those, you feel like you are kind of labeled with a virus, how are people going to treat you,” says Turner.

 

She has made an appointment with her doctor in Paso Robles and hopes her story will help others take the necessary steps to move on.

 

“Because you don’t want to hide from this,” says Turner.  “It is a very important and serious issue and you have to go on that path and deal with it.”

 

Atascadero woman finds out she could be exposed to HIV, Hepatiti.

The truth about lies and deception…….honest. Can you Spot a Lie?

THE TRUTH ABOUT LIES AND DECEPTION…….HONEST.

I have read the terms and conditions. Surely the single greatest lie ever told, certainly in terms of the volume of us who have ticked that box knowing that really we haven’t.  However, deception breeds deception and with now defunct computer game shopGamestation taking advantage of the aforementioned ‘fib’ by fiendishly incorporating into the smallprint of their online terms and conditions- that they owned the very soul of anyone whom blindly ticked the box -‘the immortal soul clause’ as it was called.  Over 7.500 people were caught out on April 1st 2010- they were refunded their soul in an email.

6a00d8341c00c753ef0133ef9c3556970b

However lying, deception, untruthful, false, dishonest, mendacious, perfidious, duplicitous, dissimulating, dissembling and double Janus-facedness is a normal human behaviour, not just human, animals deceive too. Koko the Gorilla had been taught sign language and ruthlessly blamed the ripping out of a sink from a wall on her pet kitten (Koko signed on the return of her keepers…..”The cat did it!”).  If we are to take an evolutionary view it is asurvival mechanism, a simple smile to someone you despise or you feel threatened by is a useful tactic to hide any weaknesses that may be exploited by them and hide, deceive them of your true feelings. However false smiles can be detected if you know where to look – the muscles that generate a warm and honest smile are different to those that are created  when creating a false smile. It’s all in the eyes…you see.

Those lying eyes

real-eyesThe eyes truly are the window to the soul. However don’t be fooled by so called Neuro Linguistic Programming techniques  (a good example of pseudoscience) that if someone is looking up when telling you something then they are lying there is little evidence to support this but is something that your hear still being pedled around every now and then.

And there lies the crux of the matter…are there any reliable physical cues to deceptiouniversal-facial-expressionsn?  Maybe a more fundamental question is are there any universal responses of facial expression or body language? (The eyebrow flash for recognition of someone  is thought to be pretty universal as an involuntary response.)   Certainly classic research by Ekmaninto facial expression has suggested that there are a handful of truly universal expressions. However deceivingly there is a long tradition ofsupposed cues to deception or ‘tells’ as gamblers would say little unconscious signs of anxiety, uncertainty due to knowingly attempting to convince someone of something you know not to be true. Going red, not being able to look someone in the eye, looking at someone for too long in the eye, rubbing the back of the neck, rubbing the ear lobes, scratching the nose, excessive blinking (note that psychopaths reportedly blink less and maybe that is why they are better at deceiving people) are all ways many think they can spot a liar – but where does the truth lie?

Bad Lie detectors

Many of these are signs of anxiety not necessarily deception, blinkinghowever Polygraphs (aka lie detectors)  have been used for many years in criminal investigations in the United States (and on the Jeremy Kyle show) and provided as evidence, however it measures variations in physiological arousal (not lying) and therefore fundamentally flawed, the American Psychological Association concluded:

The development of currently used “lie detection” technologies has been based on ideas about physiological functioning but has, for the most part, been independent of systematic psychological research. Early theorists believed that deception required effort and, thus, could be assessed by monitoring physiological changes. But such propositions have not been proven and basic research remains limited on the nature of deceptiveness. Efforts to develop actual tests have always outpaced theory-based basic research. Without a better theoretical understanding of the mechanisms by which deception functions, however, development of a lie detection technology seems highly problematic.

For now, although the idea of a lie detector may be comforting, the most practical advice is to remain skeptical about any conclusion wrung from a polygraph.                                          Cited; http://www.apa.org/research/action/polygraph.aspx

truth_9
F.B.I advice for detection

Good lie detectors

Where humans on average can detect lies at marginally above chance level – 54% but surely professionals such as Police officers are better?  When Samantha Mannconducted research into a new area of ‘highstake_liars‘ and found some interesting results, there seemed to be a greater emphasis on story cuesrather than the historic notion  body language cues of the more experienced and stronger lie detectors used in the research.

Watch the slide show giving an overview of the study below…or read the full highstake_liars article.

The fun of deception

However the detection of lies can be fun……………..in a light entertainment kind of way.  The story cues on the clip below may seem so far fetched that it must be a lie…it must be………..mustn’t it?

Captain Psychlite's avatarPsychlite

I have read the terms and conditions. Surely the single greatest lie ever told, certainly in terms of the volume of us who have ticked that box knowing that really we haven’t.  However, deception breeds deception and with now defunct computer game shop Gamestation taking advantage of the aforementioned ‘fib’ by fiendishly incorporating into the smallprint of their online terms and conditions- that they owned the very soul of anyone whom blindly ticked the box -‘the immortal soul clause’ as it was called.  Over 7.500 people were caught out on April 1st 2010- they were refunded their soul in an email.

6a00d8341c00c753ef0133ef9c3556970b

However lying, deception, untruthful, false, dishonest, mendacious, perfidious, duplicitous, dissimulating, dissembling and double Janus-facedness is a normal human behaviour, not just human, animals deceive too. Koko the Gorilla had been taught sign language and ruthlessly blamed the ripping out of a sink from a wall on her pet kitten (Koko signed…

View original post 675 more words

Psychologists in focus; Kevin Dutton: Psychopath Studies

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Video: PSYCHOLOGISTS IN FOCUS; KEVIN DUTTON

FullSizeRender
Dutton takes the view that we often miss what should be the obvious anomaly sidelined by the charm – But is it all smoke and fingers?

Kevin Dutton is a postdoctoral researcher at the University of Oxford.  He is specialises in the study of Psychopaths, but rather than the traditional forensic route Dutton takes interest how the ‘symptoms’ of psychopathy can have an advantage in a modern world that is fraught with stressors.  The psychopath often described as  having a selection of specific traits such as cunning and manipulativeness, lack of remorse or guilt, callousness and lack of empathy, charm, grandiose estimation of self, need for stimulation and pathological lying.  Not the best characteristics to put on a C.V.  It is included in the DSM under the classification of Antisocial Personality Disorder.   However in his book The Wisdom of Psychopaths Dutton discusses how these traits are rewarded in society particularly as resistance to stress where others feel the pressure, psychopaths are able to thrive. Self doubt and fear can impair decision making, the psychopath is arguably resistant to this –but would you want one as your boss?  Dutton is clear that this is far from the glorification of violent psychopaths (stating only a small minority of psychopaths are violent) rather acknowledging that the ‘spectrum of psychopathy‘ which all people can be measured and the right characteristics in the right circumstances can be a force for good – hence his term ‘the good psychopath‘.

Here is a quote from Dutton’s book the Wisdom of  Psychopaths, from James Geraghty cited as one of the UK’s leading neurosurgeons.

“I have no compassion for those whom I operate on. That is a luxury I simply cannot afford. In the theatre I am reborn: as a cold, heartless machine, totally at one with scalpel, drill and saw. When you’re cutting loose and cheating death high above the snowline of the brain, feelings aren’t fit for purpose. Emotion is entropy, and seriously bad for business. I’ve hunted it down to extinction over the years.”

Do we need people like this in such high stakes roles where emotion maybe a hindrance rather than a help?  Or is compassion an essential characteristic that allows a surgeon to consider the long term impact of their work?

In fact jobs that Psychopaths are believed to flourish in are;

Kevin Dutton

1. CEO
2. Lawyer
3. Media (Television/Radio)
4. Salesperson
5. Surgeon
6. Journalist
7. Police officer
8. Clergy person
9. Chef
10. Civil servant

here’s the list of occupations with the lowest rates of psychopathy:

1. Carer
2. Nurse
3. Therapist
4. Craftsperson
5. Beautician/Stylist
6. Charity worker
7. Teacher
8. Creative artist
9. Doctor
10. Accountant

Could you spot a Psychopath?  Take the test here.

An online study with over 2 1/2 million British participants found the following results relating to psychopathic tendencies.

Capture

Dutton discusses how Psychopaths process ethical dilemmas differently.

Follow Kevin Dutton on twitter

Captain Psychlite's avatarPsychlite

FullSizeRender Dutton takes the view that we often miss what should be the obvious anomaly sidelined by the charm – But is it all smoke and fingers?

Kevin Dutton is a postdoctoral researcher at the University of Oxford.  He is specialises in the study of Psychopaths, but rather than the traditional forensic route Dutton takes interest how the ‘symptoms’ of psychopathy can have an advantage in a modern world that is fraught with stressors.  The psychopath often described as  having a selection of specific traits such as cunning and manipulativeness, lack of remorse or guilt, callousness and lack of empathy, charm, grandiose estimation of self, need for stimulation and pathological lying.  Not the best characteristics to put on a C.V.  It is included in the DSM under the classification of Antisocial Personality Disorder.   However in his book The Wisdom of Psychopaths Dutton discusses how these traits are rewarded in society…

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Decades After Selena’s Death, Case Continues to Make News

10613bf4-a526-4826-9f82-d814e18ec836-medium Death of a Rising Star: March 31, 1995: Selena is shot to death by the President of her Fan Club.

Her death, 20 years ago today, on March 31, 1995, rocked the Latin music community and devastated millions of fans. The Grammy-winning performer was a fashion icon and a role model for many young women. As TIME described her shortly after her death, “[s]he was the embodiment of young, smart, hip, Mexican-American youth, wearing midriff-baring bustiers and boasting of a tight-knit family and a down-to-earth personality — a Madonna without the controversy.”

When she died, she had just recorded her first album in English and, per CBS News, “was poised to become a crossover success when her death turned her into a legend.”

Her death was even more shocking because it came at the hands of a woman once considered one of Selena’s biggest fans: Yolanda Saldivar, who had founded Selena’s fan club in San Antonio.

Saldivar had also been hired to manage Selena’s clothing boutique, Selena Etc., but was fired a few weeks before the shooting when Selena’s family discovered that she had been embezzling money, Selena’s father told the New York Times in 1995. Selena demanded that Saldivar return some of the boutique’s financial documents, and they agreed to meet at a Days Inn motel in Selena’s hometown of Corpus Christi. But Saldivar refused to turn over the documents, shot the singer and then fended off police during a nine-hour standoff while she sat in a pickup truck in the motel parking lot, holding a gun to her own head.

While Selena has retained her fan base and even attracted a new generation of fans following her death, Saldivar remains in prison, where she is serving a life sentence for the murder. (She will be eligible for parole in 2025.) She has filed a string of unsuccessful appeals, arguing, among other things, that prosecutors coerced her confession and that she received ineffective legal counsel.

She may be better off in prison, however, given the fury of Selena devotees. In 2012, Saldivar’s brother told TMZ that she was still being held in solitary confinement for her own safety. Selena’s father recently told a Corpus Christi TV news reporter that he thought an early release would be a harsher punishment than life in prison.

“Not very many people like her,” he said.

Read TIME’s original coverage of Selena’s death, here in the TIME Vault: Death of a Rising Star

Arson Cases Show the Need for Better Training in Forensic Sciences

John Lentini

John Lentini is a fire investigation consultant and author of “Scientific Protocols for Fire Investigation.”

UPDATED MARCH 31, 2015, 6:45 AM

Although the situation has improved dramatically since 2000, fire investigation is a forensic science discipline that still lags far behind the rest of forensic science. This is largely because the people who become fire investigators generally lack the fundamental scientific education necessary to understand fire. We recruit our fire investigators from the ranks of police officers and firefighters, and while these are honorable professions, they require no scientific background.

We need higher salaries to attract more qualified people. Courts need to be more skeptical about poorly educated investigators.

Every day, we ask fire investigators to make sophisticated decisions about chemistry, heat transfer, fluid dynamics and electricity. We can provide training, but training is of little help when the person being trained does not have even a basic understanding of the underlying science. Voluntary certification programs exist, but there is no evidence  that certified fire investigators are any more reliable than non-certified investigators.

Fire is a chemical reaction resulting in the release of energy in varying intensities, yet many certified fire investigators with decades of experience are unable to name the basic units of energy or power.

Finding the origin of a fire is supposed to be a fire investigator’s core competency. Determining where a fire started, however, is a complicated task, and one that has a high error rate, unless the fire is extinguished in its earliest stages. The profession is just beginning to understand the effects that ventilation, or the lack thereof, can have on the fire damage. The problem becomes worse when the fanciful arson determinations of unqualified individuals are presented to courts.

Prosecutors, judges and juries have no way of knowing just how weak some of the fire science is, and the problem is exacerbated by the way that trials proceed. The prosecutor leads off with motive and character assassination. By the time the jury hears the bad science, they already hate the defendant and just don’t care that the allegedly scientific determination of origin and cause is invalid. That is exactly what happened in the trial of Cameron Todd Willingham, who was executed for setting a fire that killed his three daughters based on confident, but wholly inaccurate testimony by fire investigators. None of the so-called arson indicators relied upon had any validity.

The Willingham case owes its high profile to death penalty activists, but it is by no means the only miscarriage of justice that resulted from accidental fires being erroneously classified as intentional. Citizens who have been wrongly prosecuted for arson number in the dozens, if not in the hundreds.

To remedy this situation we need a more highly educated applicant pool, which means we need to be willing to pay higher salaries to induce more qualified people to join the field. And courts need to be more skeptical about the ability of poorly educated investigators to correctly determine the origin and cause of the fire. When the cause of the fire is not obvious, courts should be willing to entertain reliability challenges, and to provide funds for defendants to retain independent experts.

Join Opinion on Facebook and follow updates on twitter.com/roomfordebate.

Topics: Courts, crime, criminal justice, forensic science

Comments:

William Case

Texas 20 hours ago

Critics faulted the Corsicana Fire Department arson investigator in the Willingham case for not following National Fire Protection Association arson investigation guidelines. However, in court hearings following Willingham’s 2004 execution, the critics admitted that the guidelines has not been published in 1991, when the arson investigation was conducted. The guidelines were first published in 1992. The critics primarily faulted the arson investigator for listing separate points of origin as one of about a dozen indications of arson. Willingham had set one fire in the hallway leading to his daughters’ bedroom and a second fire at the front door. (Prior to setting the fire, he had pushed a refrigerator to block the back door which led from the kitchen i to the back yard.) The critics pointed out that an extremely hot fire can mimic separate points of origin by causing flames to “flash” to other parts of buildings. However, firemen said that the Willingham fire wasn’t a “hot fire” and witnesses say they saw smoke but no flames. It took firemen only a few minute to extinguish the flames. After the Willingham case became controversial, the fire department hired independent arson investigators to go back over the forensic evidence using the latest guidelines. They concluded it was arson. Willingham’s defense also hire its own arson investigator, but did call him to testify at the trial because he also determined the fire was deliberately set.

Surferdude

DC

Yeah, that’s why this case is the poster child against capital punishment. Try reading the report cited in the article. It won’t take long – no need to go beyond the first sentence that states that it wasn’t arson.

Tasha

Bay Area

I am not sure where you have collected these “facts”, but I would recommend a New Yorker article (http://www.newyorker.com/magazine/2009/09/07/trial-by-fire): In a “scathing” report, the fire scientist hired by the commission established by the Texas government to investigate the case “concluded that investigators in the case had no scientific basis for claiming that the fire was arson, ignored evidence that contradicted their theory, had no comprehension of flashover and fire dynamics, relied on discredited folklore, and failed to eliminate potential accidental or alternative causes of the fire. He said that… the approach [of the deputy fire marshal investigating the case at the time] seemed to deny ‘rational reasoning’ and was more ‘characteristic of mystics or psychics.’ What’s more, [he] determined that the investigation violated… ‘not only the standards of today but even of the time period.'” It appears that Willingham was executed for a ‘crime’ that never happened. In addition, last week the “the State Bar of Texas filed a formal accusation of misconduct… [including] obstruction of justice, making false statements and concealing evidence favorable to Willingham’s defense” against the county prosecutor who convicted Willingham (http://www.texastribune.org/2015/03/18/prosecutor-accused-misconduct-tx-….

 

The Resurgence of Polygraph “Lie-Detection” in an age of Evidence-Based Medicine

Polygraph Testing Dont’s & Do’sJoin Our Mailing List

On Junk-Science in the Medical Profession

A SPECIAL ME-P REPORT

By Michael Lawrence Langan MD

***

If you are ever asked to take a polygraph test–don’t do it. Those involved in the criminal justice system, including lawyers, are largely uneducated in the realm of scientific scrutiny and experimental methodology.

They may not separate science and pseudo-science, and erroneously believe that the polygraph is an accurate scientific instrument. Their interactions are with polygraph examiners who proselytize its use, and they have little or no interaction with scientists, psychologists, and physicians who refute its use.

Refuse to take the test and educate them. Cite the Frye Doctrine, go to the medical library, copy the scientific articles which belie its validity, and present them to whomever requested you to take the test. State that the principles and assumptions underlying polygraphy are not supported by our understanding of psychology, neurology, and physiology.

*** Polygraph_Test_-_Limestone_Technologies_Inc***

Junk-Science in the Medical Profession: The Resurgence of Polygraph “Lie-Detection” in an age of Evidence-Based Medicine.

Assessment

Then, put the burden of proof on their heads. Tell them to present you with scientific evidence that corroborates the validity of the test. There is simply no rational basis for a machine to detect liars.

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About the Author

Dr. Langan graduated from Oregon Health Sciences University School Of Medicine, Portland Oregon with an MD 21 years ago. He had his residency training of Geriatric Medicine-Internal Medicine at Beth Israel Deaconess Medicine Center and Internal Medicine at St Vincent Hospital Medicine Center.

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The Resurgence of Polygraph “Lie-Detection” in an age of Evidence-Based Medicine.

via The Resurgence of Polygraph “Lie-Detection” in an age of Evidence-Based Medicine.