STORY: "Jeff Sessions’ Rejection of Science Leaves Local Prosecutors in the Dark," by reporter Rebecca McRae, published by Slate on June 7, 2017. (Rebecca McCray is a writer in New York and a journalism and research fellow with the Fair Punishment Project.)
SUB-HEADING: "His decision to disband the National Commission on Forensic Science has implications for criminal cases across the country."
GIST: There’s a stack of file folders on
District Attorney John Hummel’s desk that won’t stop staring at him. The
folders contain the cases of defendants whose convictions were called
into question when a state crime lab technician in Bend, Oregon, part of
Hummel’s district, was caught tampering with evidence in 2015. The
breach may have impacted more than 1,100 cases. Hummel’s office has been
steadily reviewing them ever since—of the 500 cases that have been
reviewed so far, 30 convictions have been vacated and those cases
dismissed. For Hummel, this laborious work has made Attorney General Jeff Sessions’ April announcement that he would no longer support the National Commission on Forensic Science,
or NCFS, feel personal. An independent commission established by Barack
Obama in 2013, the NCFS was meant to bring together scientists, judges,
crime lab experts, prosecutors, and defense attorneys to analyze and
improve the field of forensic science, which encompasses the many ways
science is deployed in criminal justice. The group was established
partially in response to a scathing report from the National Academy of
Sciences that highlighted the lack of standards for crime labs
nationwide and was attempting to review and improve this and other
forensic science shortcomings. “The [NCFS] was developing guidelines on how to retain evidence and
on security procedures in crime labs,” Hummel says. “Those would’ve been
nice to have.” The vast majority of judges, prosecutors, and defense attorneys lack formal scientific training. Those anticipated guidelines couldn’t prevent the actions of one
rogue crime lab analyst, but they could have provided a roadmap for how
to mitigate the damage inflicted. As of now, there is no standard
procedure for DAs who find themselves in Hummel’s shoes. In the absence
of such rules, Hummel has developed what he calls a “decision tree”
process for reviewing each case, which his office is using to steadily
sift through the hundreds of convictions that have been called into
question. Standards being developed by the NCFS would have attempted to
prevent future crime lab scandals by helping state and local law
enforcement adopt uniform rules to increase accuracy and reliability in
their forensic analyses. “It’s not news that local prosecutors and defense attorneys are
overworked, and most of our offices have limited resources,” says
Hummel. “We look to better resourced agencies such as the [Department of
Justice] to develop guidelines and recommendations for us.” Sessions’ decision to cut off funding for the NCFS ensures that local
district attorneys will continue to fumble around in the dark when it
comes to crises like the one in Deschutes County, Oregon—which isn’t an isolated incident. Similar breaches have popped up in crime labs in Massachusetts, Florida, and, earlier this year,
Texas—all of which have the potential to invalidate thousands of cases.
But Session’s NCFS shutdown all but ensures that these labs across the
country will continue to operate using ad hoc procedures, questionable
accreditation, and outdated methods. The downsides of gutting the commission will extend beyond crime lab
scandals to courtrooms nationwide."
The entire story can be found at:
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/c