STORY: "Unconfirmed K-9 hit for accelerant is held to be reliable evidence," published on November 16, 2012 by The Arson Project."
GIST: "On March 29, 2006, at about 2:30 a.m., Wlosinski and Dakota conducted
a search at 16328 Weddel Street in Taylor, Michigan. During the search,
Dakota showed an interest in the left-hand side of the couch in the
living room of the apartment. Dakota looked at Wlosinski, but he did not
sit down. As the search continued, Dakota provided a positive
indication of an accelerant at a table opposite the couch. He sat down
and looked at Wlosinski. When they went back to the couch, Dakota again
showed interest, but he did not positively indicate. On cross-examination, Wlosinski admitted that his report on the
search made no mention of Dakota having made a positive indication at
the table. In fact, the report stated that Dakota made no positive
indication of accelerants. On redirect and recross examination,
Wlosinski explained that he simply omitted mention of the positive
indication in his report and that the omission was not intentional"........."In Michigan, canine-detection evidence, by itself, is not sufficient
to support a state conviction, but the presence of corroborating
evidence can provide the necessary indicia of reliability for admission
of the evidence... The following corroborating
evidence existed in this case: fire marshal John Hager’s testimony
regarding the use of an accelerant; the absence of an electrical,
mechanical, or other explanation for the fire; Petitioner’s prior threat
to burn the place; and the fact that he was the last person seen
leaving the apartment before the fire was detected. Furthermore, Captain Wlosinski was a certified canine handler who had
received specialized training with his dog, Dakota. Following that
training, Wlosinski received over a hundred hours of instruction in the
detection of accelerants. Dakota was trained to detect up to fourteen
types of accelerants, and he, too, was certified. In light of this
training and certification and the corroborating evidence, it was not an
abuse of discretion to admit testimony that Dakota had alerted to the
presence of an accelerant."
The entire post can be found at:
http://thearsonproject.wordpress.com/
PUBLISHER'S NOTE
I have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
The
Toronto Star, my previous employer for more than twenty
incredible years, has put considerable effort into exposing the
harm caused by Dr. Charles Smith and his protectors - and into
pushing for reform of Ontario's forensic pediatric pathology
system. The Star has a "topic" section which focuses on recent
stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Please
send any comments or information on other cases and issues of
interest to the readers of this blog to: hlevy15@gmail.com
Harold Levy: Publisher; The Charles Smith Blog.