Sunday, August 31, 2014

James Kulbicki: Maryland; Former Baltimore police officer awarded new trial in 1995 murder conviction because of flawed bullet analysis; Court finds Comparative Bullet Lead Analysis is "evidence not generally accepted by the scientific community." CBS News.

STORY: "Prosecutors assessing retrial in ex-Md. cop's murder case," by James Kulbicki, published by CBS Baltimore on August 30, 2014.

GIST: "Prosecutors with the Baltimore County State's Attorney's Office said they will assess the feasibility of holding a new trial for a former Baltimore Police officer whose nearly 20-year-old murder conviction was overturned Wednesday. Former officer James Kulbicki won a chance at a new trial earlier this week after the Maryland Court of Appeals tossed his murder conviction because of flawed bullet analysis. Kulbicki, now 57, was convicted in 1995 of first-degree murder in the slaying of his alleged mistress, 22-year-old Gina Nueslein. Her body was discovered in 1993 in the Gunpowder Falls State Park. In its 4-3 ruling, the Maryland Court of Appeals wrote that the use of Comparative Bullet Lead Analysis, in which the elemental makeup of bullet fragments are compared to one another, contributed to Kulbicki's conviction and is "evidence not generally accepted by the scientific community." Kulbicki filed a post-conviction appeal in 1997, arguing that the ballistic evidence was more conjecture than science, and that his attorneys failed to adequately cross-examine the state's expert who drew conclusions from the faulty analysis. In 2006, the appeals court issued an opinion debunking the accuracy of the forensic technique. Kulbicki used the opinion to bolster his appeal. "The use of CBL evidence never should have been introduced in court because the conclusions it led to were simply not true," said Edwin Kilpela, Kulbicki's attorney, adding that his client's case is "one of several" in the past 10 years that highlights the inaccuracies of bullet analysis. Prosecutors say they are looking into retrying the case, if witnesses are available and evidence is accessible."

The entire story can be found at:


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