UPDATE; DOG-SCENT "EVIDENCE"; INNOCENCE PROJECT OF TEXAS SEEKS BAN ON SCENT IDENTIFICATION LINEUPS; SAYS JUNK SCIENCE LED TO MURDER CHARGES;

"NOW IS THE TIME FOR THE STATE OF TEXAS ... TO STEP UP AND DO THE RIGHT THING TO PROHIBIT THE USE OF NOT ONLY DOG SCENT LINEUPS BUT TO ENSURE THERE IS A SCIENTIFIC BASIS FOR ANY FORENSIC TECHNIQUE USED IN COURT," SAID JEFF BLACKBURN, CHIEF COUNSEL FOR THE INNOCENCE PROJECT OF TEXAS.

DURING A NEWS CONFERENCE, THE GROUP RELEASED A REPORT CLAIMING THERE HAVE BEEN AT LEAST FOUR CASES IN WHICH FIVE INNOCENT PEOPLE WERE ARRESTED FOLLOWING SCENT ID LINEUPS CONDUCTED BY A FORT BEND SHERIFF'S DEPUTY, KEITH PIKETT, WHO TRAINS DOGS. TWO OF THE INDIVIDUALS WERE JAILED FOR CAPITAL MURDER BEFORE THE CHARGES WERE DROPPED."

INNOCENCE PROJECT OF TEXAS;

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Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus now turns to Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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"A group that works to free the wrongly convicted on Monday asked Texas prosecutors and the state commission that investigates forensic misconduct allegations to ban the use of scent identification lineups, saying the technique is junk science that has led to several false arrests," reporter Juan A. Lozano's Associated Press story, published Monday, began.

"Now is the time for the state of Texas ... to step up and do the right thing to prohibit the use of not only dog scent lineups but to ensure there is a scientific basis for any forensic technique used in court," said Jeff Blackburn, chief counsel for the Innocence Project of Texas," the story, bearing the heading "Texas group asks DAs to stop using scent IDs," continued.

"During a news conference, the group released a report claiming there have been at least four cases in which five innocent people were arrested following scent ID lineups conducted by a Fort Bend sheriff's deputy, Keith Pikett, who trains dogs. Two of the individuals were jailed for capital murder before the charges were dropped.

In the scent identification lineups in question, dogs trained by Pikett determine if a suspect's smell matches the smell of crime scene evidence.

Proponents of scent lineups argue each person has a unique smell and dogs can differentiate between subtle differences.

Pikett's attorney, Randall Morse, has said his client has done nothing wrong and is considered a well-respected law enforcement official who has consulted for the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and other agencies.

Pikett is being sued by two people who claim they were wrongly implicated in crimes because of his scent lineups.

"We had five innocent people sent to jail. Everyone should be concerned that innocent people are being locked up," said Stanley Schneider, president of Texas Criminal Defense Lawyers Association.

Curvis Bickham said he was one of the people falsely accused in dog scent lineups done by Pikett.

In late 2007, Bickham and another man were charged with capital murder for a triple homicide in Houston after he was placed at the home where the bodies were found by one of Pikett's dogs. Months later, both men were released and charges against them were dropped.

"There's no way I could have been at this scene. I never stepped a foot on that property. To be charged with this crime is wrong," said a tearful Bickham.

Bickham, 49, said his wrongful arrest resulted in him losing his home and in losing business at his barbecue stand.

Blackburn called on the Texas Forensic Science Commission to conduct a full investigation into the use of scent lineups and asked prosecutors around the state to stop using them in criminal cases.

Chairman Sam Bassett said someone would need to first file a complaint with the commission before it could look at the issue and determine if there was negligence or misconduct in the application of forensic science. The commission was created by the Legislature in 2005.

A spokesperson for the Texas District and County Attorneys Association could not immediately be reached for comment."
The story can be found at:

http://www.sltrib.com/jazz/ci_13388061

Harold Levy...hlevy15@gmail.com;
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