UPDATE: DOG-SCENT EVIDENCE; SCOTT MAXWELL (ORLANDO SENTINEL) SEES MORE PUBLIC ATTENTION - BUT FEW SIGNS OF POLITICAL WILL TO REMEDY INJUSTICE;

Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus is also on Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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Scott Maxwell's recent assessment is set out in a commentary which appeared in the Orlando Sentinel on November 10, 2009, under the heading, "Miscarriages of justice: Rotten dog cases getting more light."

"In the past few weeks, the cases of miscarried justice in Brevard County -- all connected to a fraudulent dog-handler -- have started getting more attention ... some of it international," the commentary begins.

"Two things have put this matter back in the spotlight," it continues.

"1) Bill Dillon, freed after 22 years behind bars (and put there after dog-handler John Preston manufactured evidence to "tie" him to the crime), is now seeking restitution for his wrongful imprisonment. And, as part of the process, one of the jailhouse snitches whose testimony also helped convict Dillon has admitted he lied -- and that investigators told him to do so. This very belatedly prompted the Brevard sheriff's office to re-open this decades-old case. (Let's hope Sheriff Jack Parker's motives are pure here ... and that he's truly looking for answers -- and not some sort of twisted way of justifying Brevard's history of fraudulent activity. Residents obviously have reason to be skeptical.) Florida Today praised Parker for looking at this -- but asked the question I have been asking for months: Where are the two men who supposedly care about justice and corruption in this state? Charlie Crist and Bill McCollum. They seem content to let miscarriages of justice continue and potentially innocent men to continue to sit in jail. (Inmates, after all, don't have very deep pockets when it comes to campaign contributions.)

2) The legal process to get DNA testing for Gary Bennett -- another man who has been behind bars for more than 25 years -- has begun. Both the Innocence Project and Centurion Ministries believe he will be the fourth man proven by science to have been wrongly convicted in connection with this dog-handler. (And the Centurion Ministries has prevailed in something like 80-90 percent of the cases it has pursued.)

Between these two stories, news of the mess in Brevard has gone international. I've seen it carried everywhere from Canada to Europe. Even the author of the syndicated "News of the Weird" (Churck Shepherd) has begun following the cases ... because it apparently strikes him as "weird" that things could get -- and remain -- this out of hand.

Among the few who apparently don't find any of this weird or troubling -- at least enough so to do anything serious about it -- are Crist, McCollum and State Attorney Norm Wolfinger."

The commentary can be found at:

http://blogs.orlandosentinel.com/news_local_namesblog/2009/11/miscarriages-of-justice-rotten-dog-cases-getting-more-light.html

Harold levy...hlevy15@gmail.com;

UP-DATE: DOG-SCENT "EVIDENCE", MORE ON INNOCENCE PROJECT OF TEXAS REPORT; LINK TO ACTUAL REPORT PROVIDED BY "GRITS FOR BREAKFAST."

"PIKETT ASSERTS OUTLANDISH SUCCESS RATES FOR HIS DOGS, CLAIMING ONE OF THEM HAD ONLY MADE ONE ERROR IN 2,831 LINEUPS. "ACCORDING TO THE RESEARCH DONE BY THE DUTCH POLICE AND OTHER EXPERTS IN THE FIELD, THIS IS ABSURD. EVEN USING RIGOROUS TRAINING METHODS, EXPERTS BELIEVE THAT THE BEST DOGS WORKED IN PERFECTLY CONTROLLED CONDITIONS CAN ONLY BE RIGHT APPROXIMATELY 85% OF THE TIME."

ACCORDING TO THE REPORT, "PIKETT HAS ALSO CLAIMED THAT HIS DOGS CAN IDENTIFY SCENTS MORE THAN A DECADE OLD AND THAT THEY CAN FOLLOW SCENTS LEFT BY CARS - CLAIMS WHICH HAVE BEEN CRITICIZED BY EXPERTS IN THIS FIELD.""

GRITS FOR BREAKFAST;

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Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus now turns to Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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"Grits for Breakfast," is a quirky blog published out of Houston, Texas, which, by its own admission, "looks at the Texas criminal justice system, with a little politics and whatever else suits the author's fancy thrown in."

"All opinions are my own. The facts belong to everybody," says publisher Scott Henson, "a former journalist turned opposition researcher/political consultant, public policy researcher and blogger."

"Welcome to Texas justice," Grits for Breakfast warns the reader. "You might beat the rap, but you won't beat the ride."

A Grits for Breakfast post on September 22, 2009, gives readers the opportunity to download the entire recently released Innocence Project of Texas report into the miscarriages of justice and wrongful murder convictions caused by dog-scent "evidence" - and sheds some light on the report's contents.


"Yesterday the Innocence Project of Texas released its report criticizing "scent lineups" used by Fort Bend County Sheriff's Deputy Keith Pikett, who as regular readers know has seen his dogs' identification of suspects debunked in several recent, high-profile cases, including two capital murders," the post begins, under the heading, "Texas Innocence Project report discredits unscientific dog 'scent lineups".

"See a copy here (pdf) and initial coverage from the Houston Chronicle and the Victoria Advocate," it continues.

"The brief report, written by IPOT legal director Jeff Blackburn, is well worth a full read but I thought I'd point out a few highlights.

One new fact-bite in the report concerns the use of scent lineups in communist Cuba, where "secret police have amassed thousands of bottles of scents taken from anti-Castro slogans painted on walls and other such 'crime scenes' and are using them as 'proof' against dissidents." A footnote pointed out this recent Miami Herald story on the use of scent lineups in Cuba, where we get a glimpse of the totalitarian origins of this bizarre practice:

(T)he use of 'criminal odorology' started in the Soviet Union in the 1960s, was developed by the former East Germany and in 1972 was established around Communist-ruled Europe.

After East Germany collapsed in 1989, West German investigators found a warehouse packed with tens of thousands of sealed jars containing bits of cloth impregnated with the odors of criminals and dissidents -- used to identify or track them.

(See an academic paper in Spanish on the use of scent lineups in Cuba.)

But the meat of the report related to Deputy Keith Pikett, who along with his wife undertook training pet bloodhounds as police dogs in the early '90s "on their own without using any known or established program."

The most extensive scientific testing of "scent lineup" methods has occurred in the Netherlands says IPOT, citing this 2002 New York Times story. They use elaborate methodologies which include controls that Deputy Pikett has not adopted.

When he gets into the courtroom, Pikett has sometimes misrepresented his credentials. In one of his first big cases he "testified that he had a Bachelor of Science in Chemistry degree from Syracuse University and a Master's degree in Chemistry from the University of Houston. This was a lie: Pikett has never received degrees from either institution." In the case where appellate courts formally affirmed his status as an expert witness, he also misrepresented himself as having a masters degree in Chemistry. Defense attorneys in that case did not challenge his testimony.

Pikett asserts outlandish success rates for his dogs, claiming one of them had only made one error in 2,831 lineups. "According to the research done by the Dutch police and other experts in the field, this is absurd. Even using rigorous training methods, experts believe that the best dogs worked in perfectly controlled conditions can only be right approximately 85% of the time."

According to the report, "Pikett has also claimed that his dogs can identify scents more than a decade old and that they can follow scents left by cars - claims which have been criticized by experts in this field."

The report quotes police dog experts from the around the country (including from the National Police Bloodhound Association) and from the UK harshly criticizing Pikett's methods. One called him an "unprofessional charlatan." Another concluded Pikett had "intentionally misspoke concerning the capabilities and expertise of his scent discriminating bloodhounds in given situations."

Finally, the report calls on police agencies and prosecutors to immediately stop using scent lineups by Deputy Pikett, and for the Attorney General to "conduct a full and complete investigation into every case in which scent lineups have been used, and to aid in the release of any person convicted on such testimony."

The recommendation about the AG vetting these old cases is particularly salient. Who knows how many false convictions have been obtained using this type of garbage evidence?"


You can access this article at:

http://gritsforbreakfast.blogspot.com/2009/09/texas-innocence-project-report.html

Harold Levy...hlevy15@gmail.com;

UPDATE; DOG-SCENT "EVIDENCE"; INNOCENCE PROJECT OF TEXAS SEEKS BAN ON SCENT IDENTIFICATION LINEUPS; SAYS JUNK SCIENCE LED TO MURDER CHARGES;

"NOW IS THE TIME FOR THE STATE OF TEXAS ... TO STEP UP AND DO THE RIGHT THING TO PROHIBIT THE USE OF NOT ONLY DOG SCENT LINEUPS BUT TO ENSURE THERE IS A SCIENTIFIC BASIS FOR ANY FORENSIC TECHNIQUE USED IN COURT," SAID JEFF BLACKBURN, CHIEF COUNSEL FOR THE INNOCENCE PROJECT OF TEXAS.

DURING A NEWS CONFERENCE, THE GROUP RELEASED A REPORT CLAIMING THERE HAVE BEEN AT LEAST FOUR CASES IN WHICH FIVE INNOCENT PEOPLE WERE ARRESTED FOLLOWING SCENT ID LINEUPS CONDUCTED BY A FORT BEND SHERIFF'S DEPUTY, KEITH PIKETT, WHO TRAINS DOGS. TWO OF THE INDIVIDUALS WERE JAILED FOR CAPITAL MURDER BEFORE THE CHARGES WERE DROPPED."

INNOCENCE PROJECT OF TEXAS;

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Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus now turns to Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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"A group that works to free the wrongly convicted on Monday asked Texas prosecutors and the state commission that investigates forensic misconduct allegations to ban the use of scent identification lineups, saying the technique is junk science that has led to several false arrests," reporter Juan A. Lozano's Associated Press story, published Monday, began.

"Now is the time for the state of Texas ... to step up and do the right thing to prohibit the use of not only dog scent lineups but to ensure there is a scientific basis for any forensic technique used in court," said Jeff Blackburn, chief counsel for the Innocence Project of Texas," the story, bearing the heading "Texas group asks DAs to stop using scent IDs," continued.

"During a news conference, the group released a report claiming there have been at least four cases in which five innocent people were arrested following scent ID lineups conducted by a Fort Bend sheriff's deputy, Keith Pikett, who trains dogs. Two of the individuals were jailed for capital murder before the charges were dropped.

In the scent identification lineups in question, dogs trained by Pikett determine if a suspect's smell matches the smell of crime scene evidence.

Proponents of scent lineups argue each person has a unique smell and dogs can differentiate between subtle differences.

Pikett's attorney, Randall Morse, has said his client has done nothing wrong and is considered a well-respected law enforcement official who has consulted for the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives and other agencies.

Pikett is being sued by two people who claim they were wrongly implicated in crimes because of his scent lineups.

"We had five innocent people sent to jail. Everyone should be concerned that innocent people are being locked up," said Stanley Schneider, president of Texas Criminal Defense Lawyers Association.

Curvis Bickham said he was one of the people falsely accused in dog scent lineups done by Pikett.

In late 2007, Bickham and another man were charged with capital murder for a triple homicide in Houston after he was placed at the home where the bodies were found by one of Pikett's dogs. Months later, both men were released and charges against them were dropped.

"There's no way I could have been at this scene. I never stepped a foot on that property. To be charged with this crime is wrong," said a tearful Bickham.

Bickham, 49, said his wrongful arrest resulted in him losing his home and in losing business at his barbecue stand.

Blackburn called on the Texas Forensic Science Commission to conduct a full investigation into the use of scent lineups and asked prosecutors around the state to stop using them in criminal cases.

Chairman Sam Bassett said someone would need to first file a complaint with the commission before it could look at the issue and determine if there was negligence or misconduct in the application of forensic science. The commission was created by the Legislature in 2005.

A spokesperson for the Texas District and County Attorneys Association could not immediately be reached for comment."
The story can be found at:

http://www.sltrib.com/jazz/ci_13388061

Harold Levy...hlevy15@gmail.com;
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UP-DATE; DOG SCENT "EVIDENCE"; INNOCENCE PROJECT OF TEXAS REPORT TO BE RELEASED TOMORROW (MONDAY); TEXAS JUSTICE SYSTEM ON TRIAL;

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Background: This Blog has been delving into the havoc caused by the late John Preston and his magical dog who could purportedly trace scents across water. The focus now turns to Deputy Keith Pikett, another so-called dog-scent "specialist", a canine officer with the Fort Bend County Sheriff's Office, just southwest of Houston. Time Magazine has reported on two apparent miscarriages of Justice involving Pikett; The first case studied involves Calvin Lee Miller, who was charged with robbery and sexual assault after Pikett's bloodhounds alerted police to a scent on sheets that Pikett said matched a scent swipe from Miller's cheek. DNA evidence later cleared Miller, but only after he served 62 days in jail. In a second case, former Victoria County Sheriff's Department Captain Michael Buchanek was named as a "person of interest" in a murder case after Pikett's bloodhounds sped 5.5 miles from a crime scene, tracking a scent to Buchanek's home. Another man later confessed to the murder.

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The Victoria Advocate reported that The Innocence Project of Texas will release the findings of its investigation into Fort Bend County Deputy Keith Pikett - the so-called dog-sniffing expert - during a 3 p.m. Monday news conference in Houston.

The report is expected to include details of cases in which Pikett's scent lineups resulted in incorrect results, and actions legislators and the governor's office can use to weed junk science from courtrooms.

"Although his techniques have been questioned and criticized, a Fort Bend County deputy and his hounds still perform scent lineups," reporter Leslie Wilber's story begins, under the heading "Scent lineup critic says report will show practice's weakness," and the sub-heading, "Group's findings intended to ultimately benefit wrongly convicted suspects."

"A group that works to exonerate the wrongfully convicted hopes that will change after their investigation of Keith Pikett is released Monday," the story continues.

"Pikett is the only person in Texas who practices the controversial procedure for gathering evidence. He is used by law enforcement agencies across the state.

"He did a lineup yesterday, he did one today," said Randy Morse, the assistant Fort Bend County attorney who represents Pikett.

Pikett's scent lineups are, in theory, similar to photo lineups. Investigators swab evidence in hopes of catching the scent of the criminal. That scent is lined up with five decoy scents. The hounds smell a gauze pad wiped on a suspect, then sniff down the line in search of a match.

On Monday, the Innocence Project of Texas will release a report that exposes Pikett's work as junk science and documents cases in which suspects have been wrongly accused based on the dog handler's work, said the group's chief council, Jeff Blackburn. Blackburn also authored the study.

"This is an evil joke," Blackburn said of the scent lineups.

But Morse said the Innocence Project vilified Pikett long before considering all the evidence.

"It's like they made up their mind before they did the investigation," Morse said.

Two civil cases pending in Victoria's federal court highlighted flaws in Pikett's techniques. One plaintiff, Calvin Lee Miller of Yoakum, was held in jail for two months on suspicion of robbery and aggravated sexual assault based on a scent lineup. DNA evidence and victims' failure to identify Miller cleared him of the crimes.

The report's Monday release comes not long after another study revealed shoddy arson investigation techniques may have led an innocent man to be executed in Texas.

"The appellate courts in this state have turned Texas into a national embarrassment," Blackburn said.

Besides targeting flaws in Pikett's work, the Innocence Project has outlined a plan legislators and the governor's office can use to keep weak evidence out of courtrooms.

"We've given up on the courts," Blackburn said.

But if investigators still rely on Pikett's work, what effect would a halt have?

In June, vandals sacked Russell Rabius' East Bernard rice farm and that of a neighbor's. A total of four tractors, a truck, a barn and rice crops were destroyed.

Rabius, 45, was surprised when Wharton County Sheriff's Office deputies did not look for fingerprints in the enclosed cabs of the tractors or truck. Instead, they began to wipe the surfaces with a gauze pad, he said.

Investigators told Rabius they were collecting scent evidence. For weeks, Rabius and his family prodded deputies, asking what a scent lineup was and when it would be performed.

He was told there were hundreds of cases before his awaiting scent lineups. Because Rabius had never heard of scent lineups before, he began to research their accuracy.

He was not pleased with what he found.

"It's a double-edged sword," Rabius said. "On one hand, you have these people who have been wrongly accused. Then, you have people like me who are relying on this for some sort of answer."

Rabius' case is ongoing, so Lt. Daniel Marek said he couldn't say what type of evidence had been collected and whether it had been processed.

Media criticism of Pikett angers Marek.

"I hate it when cases are tried in the media, not in the courtroom," he said.

Marek knows Pikett, he said. The deputy's scent lineups have helped Wharton County investigations in the past. Marek would ask for Pikett's help in the future, he said.

For his part, Morse knows of no plans to stall Pikett's work. That order would come from Pikett's supervisor, Fort Bend County Sheriff Milton Wright, Morse said. Wright could not be reached for comment.

If other agencies are concerned about Pikett's work, they could stop requesting his services, Morse said.

But Blackburn remains determined that his report will put Pikett out of business.

"This has the same scientific value as bringing a unicorn or a leprechaun to a crime scene," Blackburn said. "I don't think it should be admissible in court.""

This article can be found at:

http://www.victoriaadvocate.com/news/2009/sep/19/lw_pikett_vandals_092009_66762/?news&local-news\

Harold Levy...hlevy15@gmail.com;