Wednesday, August 29, 2018

Junk forensic sciences: Grits for Breakfast identifies ten of them which are currently being challenged in Texas - and adds an honourable mention..."That's why I've said before, Texas may be ahead of other states on forensic reform, but don't gloat. Most other states are behind because they never left the starting gate, and despite some notable progress, most of our needed forensic reforms remain in front of us."


PASSAGE OF THE DAY: "Texas has lately again been getting deserved credit as a national leader on forensic reform. Our forensic commission is the best in the country, according to Innocence Project cofounder Peter Neufeld, and our first-of-its-kind junk science writ has made Texas one of only two states (California followed suit) with the means in place to challenge junk science in old convictions through habeas corpus writs."



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POST: "Top 10 junk forensic sciences challenged in Texas," published by Grits for Breakfast on July 25, 2018. (Thanks to Mike Bowers of CSIDDS (Forensics and law in focus)  for bringing this important post to our attention.)



GIST: "In the wake of the Forensic Science Commission declaring blood-spatter evidence in a 30-year old murder case "not accurate or scientifically supported," Texas has lately again been getting deserved credit as a national leader on forensic reform. Our forensic commission is the best in the country, according to Innocence Project cofounder Peter Neufeld, and our first-of-its-kind junk science writ has made Texas one of only two states (California followed suit) with the means in place to challenge junk science in old convictions through habeas corpus writs. The most commonly used forensics that were questioned by the National Academy of Sciences 2009 report, "Strengthening Forensic Science: A Path Forward" - like fingerprints or ballistics matching - have yet to face concerted challenges. But quite a few second-tier forensic methods have begun to wilt under scrutiny.



Here's Grits list of the top 10 forensics challenged in Texas to date.

  1. Dog-scent lineups
  2. Outdated arson standards
  3. Hair comparisons
  4. Bite marks
  5. Blood spatter
  6. DNA mixtures
  7. Field tests for narcotics
  8. Future dangerousness testimony
  9. Shaken baby syndrome
  10. Forensic hypnosis


Of these, only dog-scent lineups and flawed arson testimony have been eliminated, with hair comparisons mostly displaced by mitochondrial DNA testing in 21st century cases. A prosecutor in Collin County recently stipulated that bite-mark testimony is junk, so the Court of Criminal Appeals will soon get a chance to declare it non-viable. The rest are under dispute but still in use. Moreover, Texas has yet to figure out how to respond when forensic errors impact large numbers of already-decided cases. That's why I've said before, Texas may be ahead of other states on forensic reform, but don't gloat. Most other states are behind because they never left the starting gate, and despite some notable progress, most of our needed forensic reforms remain in front of us."



The entire post can  be read 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/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;