RUDOLFO DOMINGUEZ: COURT ASKED TO REJECT KEITH PICKETT'S DOG SCENT LINEUP "EVIDENCE"; PROSECUTOR SAYS THERE IS OTHER EVIDENCE. HOUSTON CHRONICLE;

"DEFENSE ATTORNEY PATRICK MCCANN CALLS THE EVIDENCE- GATHERING TECHNIQUE, IN WHICH A SPECIALLY TRAINED DOG MATCHES A SUSPECT'S SCENT TO ITEMS FROM A CRIME SCENE, “JUNK SCIENCE.”

“IT'S A JOKE,” HE SAID.

FORT BEND ASSISTANT DISTRICT ATTORNEY AMANDA BOLIN CALLS THE EVIDENCE “RELIABLE.”

MCCANN HAS ASKED STATE DISTRICT JUDGE CLIFFORD VACEK TO EXCLUDE THE LINEUPS IN THE CAPITAL MURDER TRIAL OF RODOLFO DOMINGUEZ. THE 43-YEAR-OLD IS ACCUSED OF KILLING GEORGE LEAL AND NORMA GARCIA IN MISSOURI CITY. THEIR BODIES WERE FOUND APRIL 5, 2008, IN LEAL'S HOME IN THE 1900 BLOCK OF FIFTH STREET. BOTH HAD BEEN SHOT IN THE HEAD."

REPORTER RICHARD ZAGRZECKI; HOUSTON CHRONICLE;

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"RICHMOND — Attorneys for a Houston man accused of killing a Fort Bend couple two years ago want a judge to throw out evidence known as a dog scent lineup linking their client to the crime," Houston Chronicle reporter Richard Zagrzecki's May 1, 2010 story begins, under the heading, "Attorneys want ‘dog scent' evidence thrown out: Technique called a 'joke' in murder case."

"Defense attorney Patrick McCann calls the evidence- gathering technique, in which a specially trained dog matches a suspect's scent to items from a crime scene, “junk science,” the story continues.

"“It's a joke,” he said.

Fort Bend Assistant District Attorney Amanda Bolin calls the evidence “reliable.”

McCann has asked state District Judge Clifford Vacek to exclude the lineups in the capital murder trial of Rodolfo Dominguez. The 43-year-old is accused of killing George Leal and Norma Garcia in Missouri City. Their bodies were found April 5, 2008, in Leal's home in the 1900 block of Fifth Street. Both had been shot in the head.

At a pretrial hearing on Friday, Vacek heard experts discuss the technique used by now-retired Fort Bend County Sheriff's Deputy Keith Pikett and his team of three bloodhounds.

I. Lehr Brisbin Jr., a retired animal behavior expert from the University of Georgia who was hired by the defense, testified that after reviewing tapes of Pikett in action, it appears Pikett may be misunderstanding his dogs' responses during the lineups and that the dogs at times might be confused about what they are supposed to be doing. He doesn't think Pikett does it on purpose.

“I think he loves his work and his dogs too much to jeopardize that by cheating,” said Brisbin, who has worked with bloodhounds.
Practice defended

Forensics expert Kenneth Furton of Florida International University testified on behalf of the DA's office.

“In most cases, (Pikett) is following what is considered best practices,” Furton said.

Bolin said four pillows, two cell phone cases and a cartridge found at the home were connected to Dominguez through a scent lineup.

“He was linked to seven items at the scene,” she said.

Bolin said that in the Dominguez case, other evidence links him to the crime, including DNA found under Leal's fingernails.

“We don't prosecute cases if all we have is scent evidence,” she said.

Pikett's methods have come under scrutiny in other cases. In November, three Houston men filed a federal lawsuit against Pikett, alleging that the dogs he handles falsely linked their scent to crime scenes and led to their arrests and incarceration.

Two other men also are suing Pikett in separate lawsuits, alleging his dog scent evidence led to them being falsely implicated in crimes. Calvin Miller was charged with rape and robbery in Yoakum County before DNA evidence cleared him. Michael Buchanek was named a suspect in a Victoria murder based on a scent lineup before another man confessed and pleaded guilty."

The pre-trial hearing is scheduled to continue at 9 a.m. Monday.

The story can be found at:

http://www.chron.com/disp/story.mpl/metropolitan/6984682.html

Harold Levy...hlevy15@gmail.com;