the charles smith blog

Saturday, June 10, 2017

Flawed forensics: (Valuable perspective. HL); CNN (NBC Montana) story on "the shifting science of DNA in the courtroom" says DNA is still the gold standard but points out there's room for improvement. "What happened in the Amanda Knox trial, in that investigation, is symptomatic of another issue, and that is that both the public and prosecutors have been pressuring ... and I suppose defense attorneys, the whole system ... is pressuring labs into pushing the envelope of what these tests can do," said Dan E. Krane, a biology professor at Wright State University who's reviewed cases for defense teams for decades, including the Knox case. "The crux there, the central issue, is ambiguity." Forensic analysts give a statistical analysis of whether DNA can pinpoint the suspect in the case, but Krane and many others argue that analysts could go further to explain the possibility of error to the jury. DNA's presence on a scene, Krane said, does not indicate when or how it got there. There's work to do on educating jurors and the public about DNA's limitations, but, Krane said, it remains "the gold standard of forensic science. It doesn't mean that there isn't room to improve that gold standard, but all the rest of forensic science, and I mean everything -- fingerprint, hair and fiber, handwriting, blood spatter, gunshot residue, you name it -- everything else needs to aspire to have that same sort of scientific rigor that is now in play for DNA profiling." (Valuable perspective. CNN: Writer Channon Hodge. NBC Montana.


STORY: "The shifting science of DNA in the courtroom: Still the gold standard in forensics," by Channon Hodge, published by NBC Montana on June 9, 2017.

GIST: "During his years in the White House, President Obama implemented several initiatives to improve forensic evidence gathering. In a 2017 Harvard Law Review article, he said they were sparked by lingering concerns from a 2009 National Academy of Sciences report, along with a rash of "high-profile exonerations of wrongfully convicted individuals that indicated that testimony exceeded the scientific capabilities of the technique." "Contrary to the perception of TV dramas, forensic science disciplines are subject to varying degrees of uncertainty and misinterpretation," Obama wrote. Forensic evidence pinning a suspect to the scene of a crime can be powerful in the courtroom. But scientists agree that when investigators testify about that evidence, they haven't always emphasized to the jury that science can make mistakes, such as DNA contamination in labs or DNA transferred from one crime scene to another. One of Obama's initiatives launched a review of FBI testimony in cases. Another brought together scientists, law enforcement officials, judges and lawyers to create the National Commission on Forensic Science. Both of these initiatives were ended in April by Attorney General Jeff Sessions, who said the Trump administration would seek its own path toward improving criminal investigations under a new task force. Some investigators said that over the years, funding has not kept up with the demand for evidence analysis, and labs are overwhelmed. "Forensic science has been dealing with a resource problem," said former investigator John M. Collins Jr., whose Forensic Foundations Group works to educate lab technicians. Indeed, crime labs around the country now process over 3 million requests per year, one-quarter of which is DNA profiling, according to the Bureau of Justice Statistics. Here are a few notable cases in which DNA evidence made a mark........What happened in the Amanda Knox trial, in that investigation, is symptomatic of another issue, and that is that both the public and prosecutors have been pressuring ... and I suppose defense attorneys, the whole system ... is pressuring labs into pushing the envelope of what these tests can do," said Dan E. Krane, a biology professor at Wright State University who's reviewed cases for defense teams for decades, including the Knox case. "The crux there, the central issue, is ambiguity." Forensic analysts give a statistical analysis of whether DNA can pinpoint the suspect in the case, but Krane and many others argue that analysts could go further to explain the possibility of error to the jury. DNA's presence on a scene, Krane said, does not indicate when or how it got there. There's work to do on educating jurors and the public about DNA's limitations, but, Krane said, it remains "the gold standard of forensic science. It doesn't mean that there isn't room to improve that gold standard, but all the rest of forensic science, and I mean everything -- fingerprint, hair and fiber, handwriting, blood spatter, gunshot residue, you name it -- everything else needs to aspire to have that same sort of scientific rigor that is now in play for DNA profiling."


The entire story can be found at:
http://www.nbcmontana.com/news/technology/the-shifting-science-of-dna-in-the-courtroom/533124173

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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;
Harold Levy at Saturday, June 10, 2017
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Harold Levy
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. On International Wrongful Conviction Day in 2024, I was thrilled to have the Blog recognized by Innocence Canada, when I was presented with the, "Rubin Hurricane Carter Champion of Justice Award." The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!
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