PASSAGE OF THE DAY: "Having a system that allows for wrongful convictions because of faulty science is not only a liberty issue, it’s also a public safety issue for Michigan citizens, and especially crime victims. While innocent people are incarcerated, real perpetrators are free to commit additional crimes and create additional victims. The statistics speak for themselves: in roughly half of cases involving a DNA based exoneration, the person who actually committed the crime was then identified. In the years they were undetected, these individuals went on to commit 150 additional violent crimes, including 80 rapes and 35 murders. We must do better than this."
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COMMENTARY: "Viewpoint: Michigan needs a forensic science commission," by Amshula Jayaram, published by The Lansing State Journal on February 1, 2018.
GIST: "The
United States has seen more than 2,000 exonerations of people
wrongfully convicted of a crime. Of these, approximately 25 percent –
more than 500 people – were erroneously convicted because of the
misapplication of forensic evidence. To help prevent these errors,
Michigan needs a forensic science commission. In
Michigan, 17 people have been wrongly convicted due to misapplied
forensic evidence in recent years. In 2008 the Detroit Crime Lab was
shut down after an audit revealed serious errors in cases. The human
impact can be seen in some of the cases that have been successfully
litigated by the Michigan Innocence Clinic (MIC) at the University of
Michigan Law School...These include: Desmond
Ricks: Served 25 years for murder after a police crime lab expert
testified that the bullets pulled from the victim’s body were
definitively fired from Ricks’ mother’s gun. A quarter-century later,
MIC found the bullets and the Michigan State Police concluded that the
bullets were fired from an entirely different type of gun than the one
Ricks’ mother owned. Julie Baumer: Served 4 years for child
abuse after prosecution experts concluded her infant nephew sustained
brain injuries from being shaken and/or slammed into an object. Baumer
was exonerated after six new experts, all acting pro bono, examined the
CT scans and discovered that the baby had actually suffered a stroke. Lamarr
Monson: Served 21 years for murder based on a confession extracted by a
discredited officer even though the murder weapon, a blood-soaked
toilet tank lid, had a fingerprint on it that did not match Monson.
Sixteen years later, a woman came forward to reveal that her
ex-boyfriend committed the murder...While
many Americans may believe our forensic science system is just like
CSI, where matches occur 100 percent of the time and lab analysts are
never wrong, unfortunately that is not the case. Human error,
contamination and in some instances, misconduct are some of the factors
that can lead to a miscarriage of justice. Too often, these problems are
litigated in court rather than evaluated through the scientific
process, where experts can make a determination as to what happened and
how. To respond to this, several states – from
liberal bastions like California to conservative Texas – have created a
forensic science commission comprised primarily of scientists to craft
new standards for labs and to investigate when issues related to
forensic evidence arise. Having
a system that allows for wrongful convictions because of faulty science
is not only a liberty issue, it’s also a public safety issue for
Michigan citizens, and especially crime victims. While innocent people
are incarcerated, real perpetrators are free to commit additional crimes
and create additional victims. The statistics
speak for themselves: in roughly half of cases involving a DNA based
exoneration, the person who actually committed the crime was then
identified. In the years they were undetected, these individuals went on
to commit 150 additional violent crimes, including 80 rapes and 35
murders. We must do better than this. A strong rule
of law is the foundation of our criminal justice system. Focusing on
the right crimes and prosecuting them transparently and accurately is
key to public safety and justice. Establishing a science based forensic
commission to ensure reliable evidence and up-to-date standards is
another step towards achieving that in Michigan."
The entire commentary 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