NATIONAL ACADEMY OF SCIENCES REPORT ON FORENSIC SCIENCES IN U.S. LABS; DISTURBING DEFICIENCIES REPORTED; A WEAPON AGAINST WRONGFUL CONVICTIONS?

"EXPERTS ESTIMATE THAT ONLY 5-10 PERCENT OF ALL CRIMINAL CASES INVOLVE BIOLOGICAL EVIDENCE THAT COULD BE SUBJECTED TO DNA TESTING," THE INNOCENCE PROJECT NOTES ON ITS WEB SITE. "IN THE OTHER 90-95 PERCENT OF CRIMES, DNA TESTING IS NOT AN OPTION — SO THE CRIMINAL JUSTICE SYSTEM RELIES ON OTHER KINDS OF EVIDENCE, INCLUDING FORENSIC DISCIPLINES THAT MAY NOT BE SCIENTIFICALLY SOUND OR PROPERLY CONDUCTED."

JOURNAL NEWS COLUMNIST NOREEN O'DONNELL;

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The disturbing conclusions of the recently released National Academy of Sciences Report will hardly surprise readers of the Charles Smith Blog.

But they may cause American legislators and judges to wake up to the huge deficiencies in the American criminal justice system - and any other criminal justice system - posed by faulty forensic science and inadequate crime labs.

One can only hope that the Academy's recommendations will be heeded - and that the Report will help prevent future miscarriages of justice.

The Report is well covered by Journal News columnist Noreen O'Donnell, in a column entitled, "Most forensic fields are inexact at best, report says," published on February 23, 2009

"That the Innocence Project has helped to exonerate 232 people through DNA testing was already proof that the criminal justice system didn't always deliver justice," the column begins;

"Now a new federal report finds serious deficiencies in the forensic science practiced in crime labs across the country," it continues;

"The report, produced by the National Academy of Sciences and released last week, concluded that among the methods used, only DNA stood up to strict scrutiny. But what about fingerprint analysis, or ballistics or the study of bite marks or hair? None measured up, no matter what the drama on the CBS television show "CSI: Crime Scene Investigation."

"Nuclear DNA analysis has been subjected to more scrutiny than any other forensic discipline, with extensive experimentation and validation performed prior to its use in investigations," said a statement that accompanied the report. "This is not the case with most other forensic science methods, which have evolved piecemeal in response to law enforcement needs, and which have never been strongly supported by federal research or closely scrutinized by the scientific community."

The report found:

- While there is evidence that fingerprints are unique to each person, that uniqueness does not ensure two prints will not be confused.

- The accuracy of shoeprints or tire track analysis is impossible to assess.

- There is no evidence that microscopic hair analysis can match hair with a specific person — though it might rule in or rule out groups of people.

- Bite-mark matches offer no scientific studies for support.

- The knowledge base for firearms analysis is fairly limited.

The Innocence Project already demonstrated that unvalidated or improper forensic science contributed to wrongful convictions in more than half of the exonerations it has won through DNA testing.

Among those imprisoned as a result of faulty science was Steven Barnes, the most recent case in New York and about whom I wrote earlier this month. The Innocence Project notes that an analyst testified that soil on Barnes' truck tires was similar to soil from the upstate crime scene, and that a mark on his truck was similar to a pattern of a brand of bluejeans the victim was wearing.

Barnes spent nearly 20 years in prison for a killing he did not commit.

Here's another example: Roy Brown, who went to prison for 15 years for strangling and stabbing an upstate social services worker. An expert testified that four bite marks on the victim's body were consistent with his mouth. But the bite marks showed four incisor teeth, while Brown had only two.

Or Dennis Halstead, John Restivo and John Kogut, improperly convicted of the rape and murder of a 16-year-old girl on Long Island. An analyst testified that hairs found in Restivo's van could have come from the victim.

"Experts estimate that only 5-10 percent of all criminal cases involve biological evidence that could be subjected to DNA testing," the Innocence Project notes on its Web site. "In the other 90-95 percent of crimes, DNA testing is not an option — so the criminal justice system relies on other kinds of evidence, including forensic disciplines that may not be scientifically sound or properly conducted."

Beyond the poor science, the report also found a backlog of 359,000 cases. That's up 24 percent in the years between 2002 and 2005.

The solution? According to the report, a new "National Institute of Forensic Science," which would be independent of law enforcement officials. The new federal agency would regulate crime labs and standardize techniques.

The Justice Department and Congress are now studying the findings. They could be a step toward making sure justice is delivered.

The Innocence Project certainly thinks so.

"The safeguards recommended in the report would significantly improve public safety and prevent wrongful convictions," it says."