Friday, November 18, 2022

Faulty forensics: Bulletin: Major (Welcome) Development: Reuters reports on the Benjamin N. Cardozo Law School's new initiative that includes two new clinics in which students will work on clemency and wrongful conviction cases based on faulty forensic evidence, as well as a slate of continuing legal education courses for judges, prosecutors and criminal defense attorneys on forensic evidence and how it can be abused..."Funding for the new Perlmutter Center for Legal Justice comes from Isaac and Laura Perlmutter and the Perlmutter Foundation and is the largest single donation in Cardozo’s history. Isaac Perlmutter is the chairman of Marvel Entertainment LLC. The Perlmutters met the new law school center's executive director, Josh Dubin, when he assisted them in a long-running legal case stemming from a Florida tennis club dispute involving, among other things, allegations that the couple’s DNA was stolen during a deposition. A neighbor in their Palm Beach community accused the Perlmutters of sending hate mail in a contested libel lawsuit that was dismissed in 2021."


QUOTE OF THE DAY: "The 2009 report on forensic failings “should have turned the entire criminal justice system on its head, and it didn’t,” (Executive Director Josh) Dubin said. “We are trying to equip a new generation of lawyers with the tools — whether they are prosecutors or defense attorneys — to do it properly."

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PASSAGE OF THE DAY: "While other law schools already have clinics devoted to clemency or wrongful convictions, Cardozo’s will be unique in its focus on forensic science beyond DNA, said Dubin. “DNA has become the sexy, foolproof way to get people off because you have some biological material,” he said, noting that many successful wrongful conviction cases have involved DNA evidence, while other forensic techniques and their shortcomings have received less attention. Dubin pointed to a 2009 report from the National Academy of Sciences that concluded that many commonly used forensic techniques — including fingerprint analysis, shoe-print comparisons and firearm examinations, have not undergone sufficient validity testing to support court claims.  DNA analysis was the only method that met the reliability threshold, it found. Serving as deputy director of Cardozo’s new center is Derrick Hamilton, who spent 21 years in prison for a murder he steadfastly maintained he didn't commit. Hamilton, now a paralegal, became a prolific jailhouse lawyer and successfully convinced prosecutors to throw out his conviction and those of five others."

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STORY: "Marvel chairman commits millions for law school to fight faulty forensics," published by Reuters, on October 27, 2022.
  • SUMMARY: Cardozo law school aims to educate lawyers and judges on misuse of forensic evidence
  • Project backed by Marvel Entertainment chairman Isaac Perlmutter.

GIST: "From bite marks to blood spatter, a New York law school wants to train current and future attorneys about forensic evidence and the ways it can be misused in the courtroom.


The Benjamin N. Cardozo School of Law on Thursday unveiled a $15 million initiative that includes two new clinics in which students will work on clemency and wrongful conviction cases based on faulty forensic evidence, as well as a slate of continuing legal education courses for judges, prosecutors and criminal defense attorneys on forensic evidence and how it can be abused.


Funding for the new Perlmutter Center for Legal Justice comes from Isaac and Laura Perlmutter and the Perlmutter Foundation and is the largest single donation in Cardozo’s history. Isaac Perlmutter is the chairman of Marvel Entertainment LLC.


The Perlmutters met the new law school center's executive director, Josh Dubin, when he assisted them in a long-running legal case stemming from a Florida tennis club dispute involving, among other things, allegations that the couple’s DNA was stolen during a deposition. 


A neighbor in their Palm Beach community accused the Perlmutters of sending hate mail in a contested libel lawsuit that was dismissed in 2021.


While other law schools already have clinics devoted to clemency or wrongful convictions, Cardozo’s will be unique in its focus on forensic science beyond DNA, said Dubin.


“DNA has become the sexy, foolproof way to get people off because you have some biological material,” he said, noting that many successful wrongful conviction cases have involved DNA evidence, while other forensic techniques and their shortcomings have received less attention.


Dubin pointed to a 2009 report from the National Academy of Sciences that concluded that many commonly used forensic techniques — including fingerprint analysis, shoe-print comparisons and firearm examinations, have not undergone sufficient validity testing to support court claims.  DNA analysis was the only method that met the reliability threshold, it found.


Serving as deputy director of Cardozo’s new center is Derrick Hamilton, who spent 21 years in prison for a murder he steadfastly maintained he didn't commit. Hamilton, now a paralegal, became a prolific jailhouse lawyer and successfully convinced prosecutors to throw out his conviction and those of five others.


The 2009 report on forensic failings “should have turned the entire criminal justice system on its head, and it didn’t,” Dubin said. “We are trying to equip a new generation of lawyers with the tools — whether they are prosecutors or defense attorneys — to do it properly.""


The entire story can be read at:


https://www.reuters.com/legal/legalindustry/marvel-chairman-commits-millions-law-school-fight-faulty-forensics-2022-10-27/

PUBLISHER'S NOTE:  I am monitoring this case/issue/resurce. 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;


SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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;

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