Sunday, April 4, 2021

Reform of Forensic Science: Bulletin: Major (Welcome) Development: Michigan Governor Gretchen Whitmer has created a task force on forensic science by executive order to strengthen forensic disciplines, recommend best practices, and investigate issues that may arise within crime labs." ...“Misapplied forensic science has been a contributing factor in many proven wrongful convictions in Michigan,” said Marla Mitchell-Cichon, distinguished professor emeritus and counsel to the Cooley Innocence Project. “This executive order marks a major step towards both improving the quality of forensic science in Michigan, and also rebuilding trust in the criminal justice process and preventing future wrongful convictions on the basis of bad forensic science.”


PUBLISHER'S NOTE: Message to Charlie Baker, Governor of Massachusetts. (Home of Annie Dookhan and Sonja Farak - and setting for possibly the greatest, most costly crime lab debacle in U.S. history): 'Hey Gov. Maybe you should be reading this.'  Hmmmmmm!

Harold Levy:

Publisher: The Charles Smith Blog.

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PASSAGE OF THE DAY: "The criminal justice system relies on forensic science in making determinations of life and liberty. If methodologies are not properly overseen, regulated, and updated according to the latest standards and science it can lend itself to wrongful convictionsand harm public safety. According to the National Registry of Exonerations, 131 wrongfully convicted people have been exonerated in Michigan, with 20% of the cases involving false or misleading forensic evidence as a factor that led to the wrongful incarceration."

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PASSAGE TWO OF THE DAY: "The cost of wrongful convictions is high, both emotionally and fiscally. In cases where an innocent person is wrongfully convicted, the real perpetrator often remains free and is able to commit additional crimes and jeopardize public safety. Michigan has paid nearly $8 million in settlements for cases involving flawed forensics and over $34 million through civil actions filed for wrongful convictions across the state. Changed standards and practices in the areas of arson, composite bullet lead analysis, and forensic odontology, amongst others, have garnered national attention and have spotlighted the need for a dedicated commission to oversee forensic science. 

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RELEASE: "The Innocence Project Applauds the Creation of a Forensic Science Task Force in Michigan," by Innocence Project staff, published by The Innocence Project on April 2, 2021.

SUB-HEADING: "Executive order will address miss-application of forensic science, a leading contributing factor to wrongful convictions."

GIST: "The Innocence Project, WMU-Cooley Innocence Project, and the Michigan Innocence Clinic today recognized Governor Gretchen Whitmer and the State of Michigan for moving to create a task force on forensic science by executive order to strengthen forensic disciplines, recommend best practices, and investigate issues that may arise within crime labs

Misapplied forensic science has been a contributing factor in many proven wrongful convictions in Michigan,” said Marla Mitchell-Cichon, distinguished professor emeritus and counsel to the Cooley Innocence Project. “This executive order marks a major step towards both improving the quality of forensic science in Michigan, and also rebuilding trust in the criminal justice process and preventing future wrongful convictions on the basis of bad forensic science.” 

The criminal justice system relies on forensic science in making determinations of life and liberty. If methodologies are not properly overseen, regulated, and updated according to the latest standards and science it can lend itself to wrongful convictionsand harm public safety. According to the National Registry of Exonerations, 131 wrongfully convicted people have been exonerated in Michigan, with 20% of the cases involving false or misleading forensic evidence as a factor that led to the wrongful incarceration. 

“We are thrilled to hear that the Governor has established this critical task force and we look forward to working with task force members as they develop recommendations on how to ensure that outdated and misapplied forensic science does not continue to play a role in causing wrongful convictions,” said Dave Moran, co-founder and present co-director of the Michigan Innocence Clinic.

The cost of wrongful convictions is high, both emotionally and fiscally. In cases where an innocent person is wrongfully convicted, the real perpetrator often remains free and is able to commit additional crimes and jeopardize public safety. Michigan has paid nearly $8 million in settlements for cases involving flawed forensics and over $34 million through civil actions filed for wrongful convictions across the state. Changed standards and practices in the areas of arson, composite bullet lead analysis, and forensic odontology, amongst others, have garnered national attention and have spotlighted the need for a dedicated commission to oversee forensic science. 

The Michigan Forensic Task Force will:

  • Act in an advisory capacity to the Governor and Director of State Police.
  • Review the state of forensic science in Michigan.
  • Develop recommendations to strengthen forensic science methodologies and practices in the state and develop recommendations to improve the practice, delivery, and use of forensic science in Michigan.
  • Develop recommendations for statewide protocols for disclosure of negligence or misconduct by employees at forensic science providers and develop recommendations for a process allowing members of the public to report alleged professional negligence or misconduct related to the practice or use of forensic science.
  • Develop recommendations for a post-conviction notification procedure to notify parties affected by misconduct, negligence, or misapplication of forensic science.
  • Develop recommendations for best practices for individuals who practice or apply forensic science in the criminal justice system.
  • Develop a procedure for updating stakeholders on developments in forensic science.
  • Issue findings by Dec. 31, 2021."
  • The entire release can be read at:
https://innocenceproject.org/innocence-project-applauds-forensic-science-task-force-in-michigan/


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;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;