As the Marshall Project describes this important ProPublica story: "Problems with “perhaps the most ubiquitous of the United States expert witnesses.” Richard Vorder Bruegge, an FBI scientist, has made a career of testifying for prosecutors against criminal defendants when “images” are central to a case. But he has on at least three occasions offered incriminating testimony even when the results of his lab work suggested otherwise. More proof, say experts, that there are problems with the reliability of FBI lab work portrayed as state-of-the-art.
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Dr. Michael Bower's perspective: (CSI DDS: Forensics and Law in Focus); "This has a familiar ring to it. More or less it is the “I can see it, even if you can’t” brand of accepted “scientific” testimony. This is the path of other forensic innovators who single-handedly advance their own version of “accuracy” and “probability.” In this story, a pixel pushing FBI Image lab guy climbs the ladder by putting bad guys away and rises to the high atmosphere of the AAFS org." (American Academy of Forensic Science);
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PASSAGE OF THE DAY: "Court records and FBI Lab files show statements by prosecutors or Vorder Bruegge veered from his original conclusions in at least three cases. Vorder Bruegge, who earned a doctorate in geology 28 years ago, came to the FBI after abandoning his hopes of becoming an astronaut. He had no crime laboratory experience, but he quickly became a force in the forensic sciences. Now 55, he is the most prominent member of the Forensic Audio, Video and Image Analysis Unit at the FBI Lab in Quantico, Virginia. The unit’s comparisons can advance investigations by sharpening pictures and narrowing the list of suspects. But most of the image examiners’ lab work has no scientific basis proving their methods are reliable and findings are correct. A ProPublica investigation, published in January, found that image examiners’ methods have never had a strong scientific foundation. The bureau’s use of the unit’s findings as trial evidence troubles many experts and raises anew questions about the role of the FBI Lab as a standard-setter in forensic science. Such shortcomings could have led judges to block image analysis from criminal trials. But Vorder Bruegge single-handedly built a body of case law that has kept the FBI unit’s testimony admissible in the courts. His 22-year-old comparison of bluejeans is the legal foundation for most photo comparison methods."
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PHOTO CAPTION: "FBI image examiner Richard Vorder Bruegge’s 
comparison of bluejeans seams in a 1996 robbery and bombing case is the 
legal foundation for most photo comparison methods.
" 
GIST: "A man stepped into a rural
 South Carolina bank a few days before Christmas in 2001, aimed a gun at
 tellers and stole $7,800 from the drawers. Witnesses couldn’t identify 
the robber. The surveillance video was too grainy to help investigators. More than three years 
later, FBI agents narrowed the investigation to a suspect. They believed
 John Henry Stroman robbed the bank. But during questioning, Stroman 
told them the security footage instead showed his brother, Roger. How 
could investigators prove one brother was the robber and not the other? 
Agents shipped the video and pictures of both Stromans to the FBI 
Laboratory in July 2005. The package went to Richard Vorder Bruegge, one of the bureau’s image examiners. In his report, Vorder 
Bruegge wrote that John Henry Stroman and the robber had similar 
“overall shape of the face, nose, mouth, chin, and ears.” But Vorder 
Bruegge stopped short of declaring a match, saying the video and 
pictures were too low resolution for that. Nevertheless, prosecutors 
said in court filings that if Vorder Bruegge took the stand, he would 
testify that “the photograph is of sufficient resolution to definitively
 state that the robber is John Henry Stroman.” The judge said the 
testimony would be admitted if the case went to trial. A week later, 
Stroman accepted a plea deal. It wasn’t the first time, 
nor the last, Vorder Bruegge’s lab results said one thing and the courts
 were told something different. Court records and FBI Lab files show 
statements by prosecutors or Vorder Bruegge veered from his original 
conclusions in at least three cases. Vorder Bruegge, who earned a
 doctorate in geology 28 years ago, came to the FBI after abandoning his
 hopes of becoming an astronaut. He had no crime laboratory experience, 
but he quickly became a force in the forensic sciences. Now 55, he is the most 
prominent member of the Forensic Audio, Video and Image Analysis Unit at
 the FBI Lab in Quantico, Virginia. The unit’s comparisons can advance 
investigations by sharpening pictures and narrowing the list of 
suspects. But most of the image examiners’ lab work has no scientific 
basis proving their methods are reliable and findings are correct. A ProPublica investigation, published in January,
 found that image examiners’ methods have never had a strong scientific 
foundation. The bureau’s use of the unit’s findings as trial evidence 
troubles many experts and raises anew questions about the role of the 
FBI Lab as a standard-setter in forensic science. Such shortcomings could 
have led judges to block image analysis from criminal trials. But Vorder
 Bruegge single-handedly built a body of case law that has kept the FBI 
unit’s testimony admissible in the courts. His 22-year-old comparison of
 bluejeans is the legal foundation for most photo comparison methods. The FBI Lab’s image unit 
had routinely used unproven techniques since the 1960s, but Vorder 
Bruegge embraced and expanded them, according to court records and his 
published articles. At times, he has given jurors baseless statistics to
 say the risk of error was almost zero. Studies on several methods in 
the past decade have found them unreliable.
Today, Vorder Bruegge is 
one of the nation’s most influential crime lab scientists. He serves on 
the Forensic Science Standards Board, which sets rules for every field, 
from DNA to fingerprints. He’s a co-chair organizing the American Academy of Forensic Sciences meeting this week in Baltimore, a gathering of thousands of crime lab professionals, researchers, lawyers and judges. Vorder Bruegge has 
testified for the federal government so often, and so successfully, that
 a 2013 law review article referred to him as “perhaps the most 
ubiquitous of the United States expert witnesses.” ProPublica requested an 
interview with Vorder Bruegge and sent him written questions. The FBI 
declined the requests and did not respond to the questions. Vorder Bruegge has 
produced an extensive public record detailing and defending his 
practices during his 24-year career at the FBI. Image analysis typically
 involves scrutinizing pictures from crime scenes to determine if 
suspects’ faces, hands, clothes or cars match, according to court 
documents and published articles. Examiners base their identifications 
on the pattern they see along a shirt seam, the shape of an ear or a 
cluster of freckles. At a conference in Seattle
 last year, Vorder Bruegge recounted the most common criticism he hears 
from defense attorneys: he’s just looking at pictures, no different than
 anyone else with eyesight. Vorder Bruegge has a ready response. “Yes, I’m just looking at 
this pair of images,” Vorder Bruegge said, “the same way a radiologist 
looks at an X-ray. Anyone in this room can look at an X-ray, just look 
at it. But who do you want deciding what type of treatment you are going
 to get as a result of examination of that radiograph? Do you want 
anyone in this room to determine if you have cancer, or if you just have
 an artifact in your image?” Radiologists and FBI image 
examiners both work with pictures. The similarities end there. Radiology
 is exhaustively researched and its methods continually tested to make 
certain they are reliable. Radiologists must graduate from medical 
school and complete four-year residency programs before they diagnose 
patients. Image examiners rarely have
 advanced degrees. New examiners learn how to analyze pictures by doing 
casework with lab veterans. Their methods remain unproven, at best. Vorder Bruegge, however, 
has not only a doctorate in geology but an ease with the language and 
standards of science. At public events, he sounds like a progressive 
voice urging crime labs to improve, said Hal Stern, a University of 
California, Irvine, statistics professor who researches forensic science
 methods. Despite that public image, Vorder Bruegge has used unproven science throughout his career. “It’s a little disturbing, to be sure,” Stern said. From the Cosmos to Forensics: Vorder Bruegge moved to 
Providence, Rhode Island, in the fall of 1981 for his freshman year at 
Brown University, a couple of hours from his family’s home in 
Connecticut. He majored in electrical engineering and spent summers 
working for a data processing company. His focus turned sharply 
during a planetary science course on the solar system, taught by geology
 professor James Head III. Over the years, Head’s lectures have inspired
 many Brown undergraduates to study space, “including Rich,” said Scott 
Murchie, who met Vorder Bruegge while both were graduate students. Vorder Bruegge completed 
his bachelor’s degree in engineering in 1985, then secured a place on 
Head’s research team. He would study Venus’ mountain belts while earning
 a master’s degree and doctorate in planetary geology. He met his future
 wife, a fellow Venus researcher, and aspired to join the NASA space 
program. Duane Bindschadler worked 
alongside Vorder Bruegge examining Soviet radar images of Venus’ 
surface. Vorder Bruegge was innovative  from the start, Bindschadler 
said, “trying to come up with new interpretations or extract new 
information from them.” The research required 
complex image analysis, said Murchie, now a planetary scientist at the 
Johns Hopkins University Applied Physics Laboratory. Vorder Bruegge was 
one of several impressive students working with Head in the late 1980s. 
(Ellen Stofan, director of the Smithsonian’s National Air and Space 
Museum, was another.) “I have nothing but 
wonderful things to say about Rich,” Murchie said. “He was a young 
researcher with a great deal of integrity.” Vorder Bruegge finished 
writing his doctoral thesis in October 1990 and went to work that same 
month for a NASA contractor in Washington. He was providing technical 
support for space missions, but he intended to make it a stepping stone.
 “The person whose job I took left to become an astronaut and that was 
actually something I was trying to do, so I thought it would be a good 
career move,” Vorder Bruegge said during a 2008 court hearing in which 
he was asked about his credentials and training. NASA chose new astronaut 
classes in 1992 and 1994; Vorder Bruegge didn’t make it to the interview
 stage of the intensely competitive process either time. In January 1995, he again 
veered onto an entirely different course, taking a position at the FBI 
Lab on what was then called the Special Photographic Unit. He’d examine 
security video rather than spacecraft images. Vorder Bruegge’s move to 
the FBI surprised some of his colleagues, said Bindschadler, now a 
systems engineer at the NASA Jet Propulsion Laboratory. “Scientists with
 kind of an academic bent, that isn’t the first place you think that 
people are going,” he said. “Especially if they’re in the physical 
sciences. I doubt the FBI employs more than one geologist.” Vorder Bruegge’s resume 
shows that, even with his Ivy League degrees and image analysis 
experience, he started with a two-year apprenticeship under the unit’s 
veterans, same as any other photo examiner. But he proved his value 
shortly thereafter. The U.S. Supreme Court had 
recently raised the standard for scientific evidence to require proof 
that methods are reliable. No one had tested any of the FBI Lab’s 
long-standing photo comparison techniques, let alone proven them 
trustworthy. Defense lawyers might be able to block image examiners’ 
testimony from trials outright. The high court’s opinion 
lists several ways a method can meet the new requirement, including 
“peer review” — scrutiny by outside experts — and publication in a 
scientific journal. In a 1996 bombing and bank 
robbery case in Washington state, Vorder Bruegge identified bluejeans in
 surveillance footage as the pair seized from a suspect. He used one of 
the unit’s established techniques: matching the series of light and dark
 spots along the seams. Vorder Bruegge’s testimony 
helped convict defendants in the bombings. Then he used the case to 
secure something vital for his team: publication in a scientific 
journal. The new image examiner wrote an article describing the unit’s 
method of comparing bluejeans’ seams in pictures and submitted it to the
 Journal of Forensic Sciences. In the article, Vorder 
Bruegge used technical terms — “ridge-and-valley pattern” and “planar 
surface” — that echoed his doctoral thesis about mountains on Venus. He 
included pictures showing his results, zoomed-in images of bluejeans 
with arrows pointing where the seams and hemlines allegedly matched. The journal accepted Vorder
 Bruegge’s article and published it in spring 1999. The article 
repeatedly acknowledged that the technique had not been validated. 
Nonetheless, court records show Vorder Bruegge referenced the article in
 at least a dozen trials and hearings as proof that the image unit’s 
methods were reliable evidence. At ProPublica’s request, 
several forensic scientists, statisticians and clothes manufacturing 
experts reviewed Vorder Bruegge’s article. They said the FBI examiner’s 
central claims were misleading or wrong. Building a Legal Foundation; But in the years after the 
article on bluejeans identification was published, Vorder Bruegge won 
acclaim for his work. Newspapers ran short articles characterizing the 
method as a forensic science breakthrough. In interviews, Vorder Bruegge
 gave credit to his predecessors at the FBI . “I’m really standing on 
their shoulders,” he told the Chicago Tribune in June 1999, adding, “It’s exciting to find ways to show that everything around us is unique.” The television documentary 
series “Forensic Files” aired an episode about the Washington state case
 a couple of years later. It featured Vorder Bruegge extensively, even 
showing him outfitted in a full-length lab coat to take pictures of 
bluejeans. Over the following decade, 
Vorder Bruegge went on a legal winning streak. He convinced judges 
across the country that unproven methods were sound science. ProPublica searched court 
databases and found more than a dozen criminal cases involving Vorder 
Bruegge’s lab work since 2000. In those cases, judges overruled each 
request from defense lawyers to block his testimony. The FBI did not 
respond to questions about Vorder Bruegge’s casework. Courts have historically 
permitted evidence from the FBI Lab, sometimes without considering its 
accuracy. “Jurors think that if you’re a big FBI examiner you know it 
all,” said Alicia Carriquiry, an Iowa State University statistics 
professor and director of the Center for Statistics and Applications in 
Forensic Evidence. Vorder Bruegge’s statements
 contradicted his written lab results in at least three cases, court and
 FBI Lab records show. His testimony in several other trials indicate he
 improvised techniques. In a 2002 trial highlighted
 in ProPublica’s investigation of image analysis, Vorder Bruegge 
testified that he had identified a defendant’s plaid shirt as the shirt a
 robber wore to seven banks during a spree in South Florida. He told 
jurors only 1 in 650 billion plaid shirts would randomly match as 
precisely as the defendant’s shirt. None of Vorder Bruegge’s 
lab reports included calculations to support the statistics he gave in 
court. In fact, the reports said nothing about how he reached his 
conclusions. And for one of the robberies, Vorder Bruegge wrote he could
 not conclusively match the defendant’s shirt to the robber’s. He said 
the opposite on the stand, according to trial transcripts. At the time, Vorder 
Bruegge led a group that wrote most of the guidelines for law 
enforcement image analysis. It compiled a list of criminal cases in 
which judges ruled that examiners’ testimony was scientific evidence. 
Those provided the field with a kind of legal foundation, giving judges a
 clearer path to admitting photo comparison evidence. The plaid shirt case, U.S.
 v. McKreith, was the first to win clearance for image analysis. Vorder 
Bruegge’s facial comparisons in the South Carolina bank robbery case, 
U.S. v. Stroman, is another. In child pornography 
cases, prosecutors must often provide evidence that video and pictures 
show actual children. Such “authentication” has become part of FBI image
 unit’s regular caseload. During a 2008 federal court hearing in Boston,
 the transcript shows Vorder Bruegge estimated a victim’s age in a 
picture based solely on the size of her breasts and pubic hair. The image analysis group lists that case, U.S. v. Frabizio, as another piece of the field’s legal foundation. In his presentations and 
articles,Vorder Bruegge hasn’t mentioned perhaps the most remarkable 
legal victory of his career. To bolster a conviction that was being 
challenged, Vorder Bruegge took the stand in 2010 to assail his field’s 
most common method and dispute his own lab results. A jury had convicted 
19-year-old Brian Avery in 1995 of participating in two armed robberies 
at Milwaukee convenience stores. Prosecutors built their case on witness
 identification and Avery’s confession during police interrogation, 
court records show. (Avery recanted his confession and declared his 
innocence thereafter.) The trial judge sentenced him to more than 20 
years in prison.
Lawyers at the Wisconsin 
Innocence Project took up Avery’s case in 2007. They hired a video 
analyst to measure the robber’s height in surveillance footage. The 
images had been too fuzzy to use at trial. But in intervening years, 
software engineers had developed programs to filter and sharpen pictures
 and others to measure the distance between pixels. FBI examiners have 
calculated criminals’ heights in pictures for decades using a collection
 of techniques called “photogrammetry.” Computers increasingly allowed 
the bureau and others to analyze low-quality images. Avery stood 6 feet, 3 inches tall when police booked him into jail. The innocence project’s 
video expert, unaware of Avery’s actual height, determined the robber 
was under 6 feet tall, according to court records. The defense lawyers 
filed a motion for a new trial. Local prosecutors asked the
 FBI Lab to see if its own analysis could include Avery. Vorder Bruegge 
determined the robber could not have been taller than 6 feet, 2 inches, 
court records show. Therefore, the Lab’s own results also found Avery 
was at least an inch taller than the robber, which the defense team 
argued exonerated him. However, Vorder Bruegge’s 
testimony at an appellate hearing did otherwise. He said the 
photogrammetry method is too imprecise to reliably rule out a suspect. 
“I am saying you can’t determine absolutely that it can’t be this 
person,” he said of Avery. “That is the bottom line of my examination.” The bureau’s examiners have presented height measurements in court in scores of criminal cases. Under cross examination, 
Vorder Bruegge acknowledged he knew Avery’s height before starting his 
analysis. That height — 6 feet, 3 inches — was what prosecutors hoped 
Vorder Bruegge would calculate for the robber. Such information can 
influence how an examiner performs lab work and reaches conclusions. More than a dozen 
scientists and law professors filed a brief with the Wisconsin Supreme 
Court urging the judges to disregard the FBI examiner’s testimony as 
severely biased by trial records, especially details on Avery’s height. The state Supreme Court 
did not disregard Vorder Bruegge’s testimony. Rather, the judges 
accepted his argument that height measurements aren’t scientifically 
reliable enough and denied Avery a new trial."
The entire story 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/
