Monday, September 2, 2024

Should we trust the Science? Networked Knowledge Media Report on an article which Deputy Chief Andrew Jenks of the US Police Command College asserts that, "Despite the expanding use of AI and more precise collection, human factors can still err and destroy the public’s confidence in DNA," and notes that, "The Washington, D.C. Department of Science crime lab is a cautionary tale of what can happen if standards fail."… "The D.C. lab lost its accreditation in 2021 when it was discovered mistakes were being covered up, and the accuracy of evidence analysis came into question. Additional audits and reports uncovered more issues and attempts to regain accreditation have failed because the lab has been unable to demonstrate improvements in processes. [12] As a result, the lab has had to rely on outside contractors to process evidence samples and review a decade’s worth of convictions that relied on evidence analyzed by the lab. The U.S.attorney’s office, which prosecutes local felonies in D.C., declined to bring charges in two-thirds of all arrests, mostly drug offenses, made by the D.C. police in 2022 due to the lab being unable to perform forensic testing. [13] An audit in 2022 found the lab failed to act as an independent part of the justice system, failed to comply with its policies and did not maintain adequate resources to function as a crime lab. District officials have pointed to the essentially nonfunctioning crime lab as an obstacle to improving public safety, costing the district millions of dollars. They expected in early 2023 it would take at least until 2024 to reopen. [12] The D.C. lab story is not an anomaly. Labs across the country, including the San Diego Regional Crime Laboratory and Houston Police Department Crime Lab, have experienced similar issues."


PASSAE  ONE OF THE DAY: "The credibility of forensic science is shaped by public opinion as much as well-practiced science. If labs continue to suffer from poor internal controls and sloppy practices, scientific integrity is at risk, and the criminal justice system suffers. The future of forensic DNA analysis depends on a commitment to excellence. In most cases, problems in the troubled laboratories resulted from human error, not inaccurate science."

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PASSAGE TWO OF THE DAY:  " Conclusion: Media reports of widespread police misconduct have, fairly and unfairly, eroded public trust in the police and criminal justice system. As a result, many agencies have taken a proactive, community-engaged approach to law enforcement. The principles of procedural justice, giving people voice, respect, neutrality and trustworthiness, are widely implemented to bring police agencies and communities together. Forensic DNA laboratories should take the same approach by embracing transparency to improve public trust.  Trust and confidence in the criminal justice system are essential to maintain public order. To ensure that is the case, all forensic laboratories should be accredited to standardize the science. Building positive community relations while ensuring standards are maintained by all involved will result in greater confidence in the evidence and a fairer and more just justice system for all."

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This page set up by Dr Robert N Moles: 22 April 2024 Andrew Jenks US Police Command College - To build trust, forensic DNA labs must also embrace transparency


GIST: They’re important parts of the system but not immune from problems that have eroded trust.

As law enforcement embraces advancing technologies, it is also essential to acknowledge their limits.

This article is based on research conducted as a part of the CA POST Command College.

 It is a futures study of a particular emerging issue of relevance to law enforcement. Its purpose is not to predict the future; rather, to project a variety of possible scenarios useful for planning and action in anticipation of the emerging landscape facing policing organizations.

The article was created using the futures forecasting process of Command College and its outcomes. 

Managing the future means influencing it — creating, constraining and adapting to emerging trends and events in a way that optimizes the opportunities and minimizes the threats of relevance to the profession.

By Deputy Chief Andrew Jenks;

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GIST: "For over 30 years, forensic DNA analysis has served as a powerful tool for identifying victims, suspects and missing persons, exonerating the innocent, and bringing closure to victims and their families. 

The effectiveness and reliability of this technology rests on the credibility of forensic DNA labs.

 Confidence in the police, however, is increasingly in question. 

As the criminal justice system and public place increasing trust in these laboratories to deliver accurate and unbiased results, transparency in the processes of forensic DNA labs is critical to the future of law enforcement.

Trust the science

Should we trust science? After all, science has eliminated diseases, provided clean water, created flying machines and brought us the internet. It has also brought pollution to our oceans and air and weapons capable of killing millions of people.

Confidence in science has fallen in America. A 2022 poll reported 39% of Americans say they have “a great deal of confidence” in the scientific community, compared to 48% in 2018 and 2021. [1] 

Along political lines, Democrats’ confidence in science dropped from 55% to 53%, while Republicans’ dropped from 45% to 23%. [1] Compounding the issue for forensic science is the diminished trust the public has in policing.

Law enforcement professionals have looked for scientific solutions to crime for decades.

Phrenology, the 19th-century pseudoscience of examining the contours of a person’s skull, was used to predict criminal behavior. Phrenologists believed they could explain every criminal behavior, from petty theft to domestic violence to homicide. [2] 

The practice of phrenology has been discredited and discarded, but today there are still scientific practices used in law enforcement that cause controversy.

Fingerprint evidence, once considered the beacon of forensic science, has come under fierce scrutiny due to human error, bias and lack of standardization in collecting, examining and interpreting samples. [3] 

In the 2002 case U.S. v. Llera Plaza, Judge Louis Pollack ruled that fingerprint identification was not a legitimate form of scientific evidence, as it did not meet the Supreme Court’s standard for the admissibility of expert evidence. [4] 

While Pollack later reversed himself, some critics argue his original ruling was correct. [4]

Polygraph examinations, inadmissible in most civilian and military courts, [5] are still routinely used by law enforcement agencies in some criminal and most pre-employment background investigations. 

Like other forms of scientific inquiry, these examinations produce data; however, a trained professional most often must interpret that data to form a conclusion.

It is also important to remember that science is a process that is continually evolving and improving, even as more precise ways to identify criminal suspects, like DNA analysis, emerge.

DNA and the police

Forensic DNA analysis is a relatively new field and an invaluable tool for law enforcement.

The field is advancing quickly, with tools becoming more sensitive, accurate and affordable.

As law enforcement embraces advancing technologies, it is also essential to acknowledge their limits.

Deoxyribonucleic acid, or DNA, is a molecule that carries genetic information for the development and functioning of an organism.

 DNA consists of two linked strands that wind around each other to resemble a twisted ladder — a shape known as a double helix. [6]

Analyzing DNA evidence begins with the collection of biological material such as blood, saliva, semen or vaginal fluid. Biological evidence may also be collected from objects. 

When a person handles an object, skin cells and cellular debris containing DNA are often left behind.

Authors Suzanne Bell and John M. Butler describe the analysis of forensic DNA evidence in their 2022 book, “Understanding Forensic DNA.” 

According to Bell and Butler, once biological material is collected, the DNA is extracted from its source and measured. 

Specific regions of this DNA are copied in a process known as polymerase chain reaction (PCR), creating millions of copies for each DNA segment. 

The standard for human DNA typing is short tandem repeat (STR) analysis or forensic analysis, which evaluates specific regions found on DNA. 

STRs are inheritable marks in a series of 2–7 bases. These bases are repeated in various ways in each person. 

The variable nature of the analyzed regions increases the discrimination between one DNA profile and another. 

The likelihood that two individuals who aren’t identical twins would have the same DNA profile can be as high as one in a billion or more.

 Y chromosome analysis is also standard practice. 

Y chromosome analysis is useful when a mixed sample is discovered to separate biological male DNA from biological female DNA. [7]

Once a DNA profile is created, the laboratory technician may enter it into the National DNA Index System (NDIS) or compare it directly with a provided sample from an arrestee or suspect.

 Launched in 1998, NDIS is a clearinghouse for DNA profiles used by every state and U.S. territory.

 It uses the Combined DNA Index System (CODIS) software to compare case-to-case or case-to-offender / arrestee profiles. NDIS is a network of linked systems managed by the FBI that contains profiles from local and state databases.

 It contains several indexes within these databases, including the Offender Index, containing people convicted of various crimes; the Arrestee Index, people arrested for committing specific felonies; the Forensic Index, profiles from crime scenes; and the Missing Persons Index, profiles from unidentified persons or reference samples from relatives of missing persons. [8] 

The CODIS system uses algorithms to compare samples and create leads for law enforcement or identify potential assailants.

It is essential to point out that DNA evidence does not solve crimes; thorough and proper investigations solve crimes.

 DNA analysis is a tool for investigators that can be used to include or exclude individuals. 

While it is a powerful tool, DNA evidence is not infallible.

Despite common perceptions, the police cannot determine if every DNA profile is unique.

The chances of randomly selected people having the same DNA profile are extremely small, but comparisons are still discussed as probabilities and not certainties.

 In addition, the presence of DNA evidence is not proof of guilt. How the DNA sample arrived at the location is as important as to whom the sample belongs.

Traditional detective work is still the backbone of any criminal investigation. One of the most critical details in contemporary policing is the effectiveness of the crime lab charged with examining the physical evidence.

Challenges of DNA lab operations

Forensic DNA analysis has been used in law enforcement for over three decades.

Improvements in research and technology are revolutionizing forensic science, improving the quality of evidence, collection of evidence and investigations, and advancing a fairer justice system.

 DNA analysis is evolving with advanced techniques that provide more detailed information from samples.

 Rapid DNA technology allows for profiles to be obtained in hours, not days. Recent research looks to provide physical features such as hair and eye color, race and facial features. [9] 

A University of Florida study discovered DNA samples floating through the air, suggesting that one’s breath can provide evidence. [10] 

The Forensic and National Security Sciences Institute at Syracuse University has developed a machine learning approach, or artificial intelligence, to enhance the efficiency and accuracy of DNA analysis and improve the interpretation of complex DNA profiles. Its process enables rapid and automated separation of DNA to analyze mixed samples. [11] 

Despite the expanding use of AI and more precise collection, human factors can still err and destroy the public’s confidence in DNA.

The Washington, D.C. Department of Science crime lab is a cautionary tale of what can happen if standards fail. 

The D.C. lab lost its accreditation in 2021 when it was discovered mistakes were being covered up, and the accuracy of evidence analysis came into question.

Additional audits and reports uncovered more issues and attempts to regain accreditation have failed because the lab has been unable to demonstrate improvements in processes. [12]

As a result, the lab has had to rely on outside contractors to process evidence samples and review a decade’s worth of convictions that relied on evidence analyzed by the lab. 

The U.S.attorney’s office, which prosecutes local felonies in D.C., declined to bring charges in two-thirds of all arrests, mostly drug offenses, made by the D.C. police in 2022 due to the lab being unable to perform forensic testing. [13] 

An audit in 2022 found the lab failed to act as an independent part of the justice system, failed to comply with its policies and did not maintain adequate resources to function as a crime lab.

 District officials have pointed to the essentially nonfunctioning crime lab as an obstacle to improving public safety, costing the district millions of dollars. 

They expected in early 2023 it would take at least until 2024 to reopen. [12]

The D.C. lab story is not an anomaly. Labs across the country, including the San Diego Regional Crime Laboratory and Houston Police Department Crime Lab, have experienced similar issues. [14,15] 

The credibility of forensic science is shaped by public opinion as much as well-practiced science. If labs continue to suffer from poor internal controls and sloppy practices, scientific integrity is at risk, and the criminal justice system suffers.

The future of forensic DNA analysis depends on a commitment to excellence. In most cases, problems in the troubled laboratories resulted from human error, not inaccurate science.

 In San Diego, auditors found security at the lab did not meet FBI standards; former employees and temporary contractors still possessed active keycards years after leaving the lab. [15]

Internal audits documented insufficient technical reviews of forensic analysis and unintentional switching of DNA samples. [15]

The Houston Police Department Crime Lab suffered from decades of underfunding, mismanagement, a massive backlog of sexual assault evidence, and reports of fraud and negligence by lab employees. 

In[16] In 2014 it was overhauled.

 The lab became independent from the police department and was reborn as the Houston Forensic Science Center.

 Once considered the worst crime lab in the country, the HFSC is now a model forensic science laboratory. [16]

 Due to these instances and others, the move to improve scientific standards in forensics is being embraced by the forensic community, legal advocates and law enforcement. It has the potential to address the challenges presented here. [14]

Oversight and beyond It is important to emphasize that most forensic DNA laboratories are staffed by professional scientists and technicians who adhere to the best practices and federal accreditation standards.

All criminal forensic DNA laboratories in the United States must meet standards set by the FBI through accreditation. [8] 

The two prominent accrediting agencies that ensure labs meet FBI criteria are the American Association for Laboratory Accreditation and the ANSI National Accreditation Board.

 While accreditation is mandatory for forensic DNA labs, it is not for other forensic science disciplines, including crime scene evidence collection, fingerprint analysis and blood-spatter analysis.

In 2009 the National Academy of Sciences (NAS) released a revolutionary report,

“Strengthening Forensic Science in the United States: A Path Forward.”

 The report concluded that except for DNA analysis, many forensic techniques were not scientifically valid.

 It called for more research into these disciplines and the independent oversight and standardization of their use. [17]

 The NAS report is considered a blueprint for what an unbiased, legitimate forensic laboratory should be, and its recommendations have been implemented with successful results, including at the HFSC. [16]

The distinction between accredited forensic DNA labs and nonaccredited forensic science, however, is not considered by many in the criminal justice system, including jurors. 

Despite this reality, it is critical that standards for all laboratory practices be scientifically supported.

Oversight and accreditation are essential to improve and maintain public trust in forensic science, but a more proactive approach is also necessary.

An ideal forensic DNA lab prioritizes accuracy, reliability, ethical considerations, transparency and accountability.

 It is appropriately staffed with highly trained forensic scientists and technicians and works to eliminate human bias and errors wherever possible.

This lab is accredited in forensic DNA and all forensic disciplines it conducts. It seeks to be as technologically advanced as possible while remaining cautious before implementing the newest tools.

 It also collaborates with local law enforcement while remaining impartial and independent to prevent conflicts of interest

. The ideal forensic lab is dedicated to maintaining the highest standards by maintaining accreditation standards, following internal policies and regularly conducting internal audits.

Interestingly, these suggestions are nothing new and can largely be found in the 2009 NAS report. 

One issue, though, is not in the report: Beyond a commitment to standards and oversight, an ideal lab recognizes the need for community outreach and engagement through proactive transparency.

Many law enforcement agencies have begun to realize the need to tell their stories through social media. 

The days of responding to media questions with the old “It’s under investigation” are over. Trust in the police has declined from 82% in 2020 to 72% in 2022.

[18] In addition to public information officers, many agencies now employ full-time media relations experts who ensure police practices are transparent and accountable. 

Forensic laboratories should do the same. 

Transparency and accountability create trust and credibility, which are essential to supporting a functioning criminal justice system. [19]

How to achieve transparency

My own research into the future of forensic DNA, including a panel of experts convened to study transparency in forensic sciences convened in April 2023, emphasized the importance of maintaining accreditation standards, fair reporting by the media, ensuring public confidence and continued research in DNA-related technologies. 

Surprisingly, public opinion was rated as important to the future of forensic DNA as maintaining scientific standards, pointing to the need for transparency.

Transparency involves being open, straightforward, honest and easily understood. Forensic DNA labs will build trust with the public and improve their credibility by using available media, including social media, to educate, explain, respond to concerns and help their communities understand the realities of the science. Rather than being at the mercy of the media, forensic science leaders will benefit from actively educating the public about their policies, practices and procedures.

Study of the labs with deficits that have led to a loss of trust in police can help elicit best-practice recommendations for others in forensic labs. 

They are:

Employ media professionals: Media relations specialists working for laboratories can help tell a story of forensic DNA analysis that is easily understood and educates the potential jury pool.

 Providing public access to nonconfidential information, such as lab practices, successful investigations and challenges, fosters accountability while improving credibility.

Mandate accreditation for all forensic laboratories: Accountability goes hand in hand with transparency. 

A commitment to maintaining the highest standards is essential for the future of forensic science. 

All forensic DNA laboratories in California are accredited by the ANSI National Accreditation Board or American Association for Laboratory Accreditation.

However, accreditation for forensic labs that do not conduct DNA analysis is optional.

Requiring accreditations for all forensic laboratories will ensure consistent standards and practices across the field, improving accuracy, limiting human error and improving public confidence.

Collaboration: Law enforcement leaders should work with leaders in the forensic science community to advance mutual goals while maintaining professionalism and independence.

Truth, fairness and unbiased investigations are a common goal. Successes should be celebrated, while errors should be openly acknowledged and corrected. By working together to communicate all investigative processes, law enforcement agencies and forensic laboratories can provide the public with the transparency it expects.

Conclusion

Media reports of widespread police misconduct have, fairly and unfairly, eroded public trust in the police and criminal justice system. As a result, many agencies have taken a proactive, community-engaged approach to law enforcement. The principles of procedural justice, giving people voice, respect, neutrality and trustworthiness, are widely implemented to bring police agencies and communities together.

Forensic DNA laboratories should take the same approach by embracing transparency to improve public trust. 

Trust and confidence in the criminal justice system are essential to maintain public order. To ensure that is the case, all forensic laboratories should be accredited to standardize the science. Building positive community relations while ensuring standards are maintained by all involved will result in greater confidence in the evidence and a fairer and more just justice system for all.

References

1. Burakoff M. Confidence in science fell in 2022 while political divides persisted, poll shows. AP News. June 2023.

2. Ziegner K. Phrenology and inmate healthcare. The NYC Criminal. November 2015.

3. Lynch C. The problem with forensic sciences. Discover. November 2022.

4. Mnookin JL. Fingerprints: not a gold standard. Issues in Science and Technology. Fall 2003.

5. United States v. Scheffer, 523 U.S. 303 (1998). Justia. 1998.

6. Green E. Double helix. National Human Genome Research Institute. December 2023.

7. Freeman S. How DNA profiling works. How Stuff Works. November 2023.

8. Bell S, Butler JM. Understanding forensic DNA. Cambridge University Press. September 2022.

9. Greenwood M. The future of forensic DNA analysis. AZoLifeSciences. January 2022.

10. Whitmore L, McCauley M, Farrell JA, et al. Inadvertent human genomic bycatch and intentional capture raise beneficial applications and ethical concerns with environmental

DNA. Nature Ecology & Evolution. May 2023.

11. Bernardi D. Forensic scientists design the first machine learning approach to forensic

DNA analysis. Syracuse University News. July 2021.

12. Grablick C. D.C.’s troubled crime lab won’t be accredited until at least 2024. DCist.

February 2023.

13. Moore J. DC’s top prosecutor says lack of testing from shuttered crime lab to blame for

some dropped cases. WTOP. May 2023.

14. Garrett BL. Policing forensic evidence. American Journal of Law and Equality. 2022.

15. Moran G. San Diego crime lab lapses come to light. San Diego Union-Tribune.

November 2021.

16. Stout P. The secret life of crime labs. PNAS. October 2023.

17. Ten years later: The lasting impact of the 2009 NAS report. Innocence Project. February 2019.

18. Brown R. Do we trust the police?. Psychology Today. April 2023.

19. Passalacqua NV, Pilloud MA, Belcher WR. Scientific integrity in the forensic sciences:

Consumerism, conflicts of interest, and transparency. Science & Justice. September 2019.

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About the author:

Andrew Jenks has over 23 years of law enforcement experience and has worked for the Glendale (California) Police Department since 2002. He holds a Bachelor’s degree in English from California State University, Northridge, and a Master’s degree in Social Work from California State University, Long Beach. Andrew was promoted to the rank of Deputy Chief

in April 2023. He oversees the Professional Standards Bureau, Training Bureau, the Transparency, Audits and Accountability Bureau and assists the Chief in the day-to day operations of the police department. 

Andrew is a graduate of California POST Command

College class 71.

https://www.police1.com/;

http://netk.net.au/DNA/DNA63.pdf

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PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. 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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Sunday, September 1, 2024

Barry Morphew: Colorado: Development: Prosecutors have asked a federal judge to apply absolute immunity and dismiss a $15 million lawsuit filed by a widower who was arrested on suspicion of murdering his wife in 2021, the Courthouse News (Denver Reporter Amanda Pampuro) reports…"Representing Deputy District Attorney Jeff Lindsay, defense attorney William O’Connoll of Wells Anderson, argued, “Mr. Lindsay is alleged to have taken an active hand in drafting the arrest warrant affidavit, which is part and parcel of his role as an advocate the court, it’s part of the judicial process, and it relies on his professionalism judgment for what to include, what not to include.” Morphew’s attorney, Iris Eytan, urged Domenico look beyond the shield of immunity and hold the actors responsible for supporting a faulty arrest, but the Donald Trump appointee declined. “You understand I’m just here at the bottom rung and I apply the law set in precedent, so if you are trying to preserve your argument for a higher court, you’ve done it,” Domenico said. “Immunity is something we’re going to have to deal with.”


PASSAGE OF THE DAY:  "When filing for an arrest warrant however, investigators failed to disclose the fact that DNA found in the house and Suzanne’s car was linked to two other unsolved sex offenses in Arizona. Local law enforcement also relied on questionable GPA data despite being cautioned against it by the federal investigators, Morphew claims. “All defendants caused the arrest warrant to be issued despite knowing there was no probable cause,” Morphew says in the complaint. “All defendants caused the murder and related charges to be brought despite knowing there was no probable cause.”

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STORY: "Colorado prosecutors, sheriff ask federal judge for immunity from a widower’s malicious prosecution claims," by Courthouse News Denver Reporter Amanda Pampuro, published on August 21, 2024.

SUB-HEADING: The murder of Suzanne Morphew, who disappeared from her home in Maysville, Colorado on Mother’s Day in 2020, remains unsolved.

GIST: " Prosecutors  have from the 11th Judicial District Attorney’s Office in Colorado asked a federal judge on Wednesday to apply absolute immunity and dismiss a $15 million lawsuit filed by a widower who was arrested on suspicion of murdering his wife in 2021.

Barry Morphew’s wife, Suzanne, disappeared from their home in Maysville, Colorado on Mother’s Day in 2020. Chaffee County sheriffs arrested Morphew more than a year later in May 2021 and held him until he posted bond four months later. The charges against Morphew were dismissed in April 2022, just before a scheduled trial.

On May 2, 2023, Morphew sued Chaffee County, along with its sheriff’s department, the 11th Judicial District Attorney’s office and more than a dozen individuals who investigated the case and contributed to a faulty arrest affidavit. Morphew asks the court to award $15 million in damages and order law enforcement to release his property — including family photos and expensive hunting scopes.

Investigators recovered Suzanne’s body in Saguache County last September, transferring jurisdiction of the case to the 12th Judicial District. Her murder remains unsolved.

At a motions hearing at the Alfred Araaj U.S. Courthouse in downtown Denver Wednesday, defense attorneys asked U.S. District Judge Daniel Domenico to apply absolute and qualified immunity and toss the case.

Representing Deputy District Attorney Jeff Lindsay, defense attorney William O’Connoll of Wells Anderson, argued, “Mr. Lindsay is alleged to have taken an active hand in drafting the arrest warrant affidavit, which is part and parcel of his role as an advocate the court, it’s part of the judicial process, and it relies on his professionalism judgment for what to include, what not to include.”

Morphew’s attorney, Iris Eytan, urged Domenico look beyond the shield of immunity and hold the actors responsible for supporting a faulty arrest, but the Donald Trump appointee declined.

“You understand I’m just here at the bottom rung and I apply the law set in precedent, so if you are trying to preserve your argument for a higher court, you’ve done it,” Domenico said. “Immunity is something we’re going to have to deal with.”

Analyzing the warrant in question, Domenico said he could see it supporting probable cause for an arrest, but postulated the question should be answered by a judge, not a jury.

“You are not a potted plant, you have a low bar to find whether or not the case survives qualified immunity,” explained Hollis Whitson, also on behalf of Morphew. “All the court needs to do is decide whether we have sufficiently alleged violations. and could a jury make the determination that there was probable cause lacking.”

 At the time of Suzanne Morphew’s disappearance, she and Barry had been married 20 years and had two daughters, Mallory and Macy, ages 20 and 16.

Morphew says in his complaint that he was in Broomfield at the time of his wife’s disappearance, a three-hour drive away, preparing for a landscaping job, while his daughters were on a road trip to Utah and due to arrive home at any time.

When his wife stopped responding to calls and texts, Morphew says in the suit that he sent a neighbor to check on her and then called law enforcement. Officers soon recovered Suzanne Morphew’s bike near a ravine up the road. Her helmet was found another mile down the road.

Morphew helped search for his wife and provided clothes for the police dog Rosco to sniff. Despite his alibi and cooperation, investigators began to suspect him of “hunting Suzanne the same way he hunted animals,” he says.

Six months into the investigation, law enforcement found secret recordings on a spy pen that indicated Suzanne was having an affair with a man from her high school in Indiana. Investigators reasoned that Morphew could have been motivated by jealousy to murder his wife, he says in the complaint.

"The defendants theorized that on May 9, 2020, Barry arrived home from work around 2:30 p.m., chased Suzanne around the house, killed her using tranquilizer serum in a dart shot by a gun, disposed of her body and all evidence of the crime, and then created an alibi by going to Broomfield the next day, Sunday, May 10, 2020,” Morphew explains in his 185-page lawsuit.

Morphew claims in the complaint he only learned about Suzanne’s affair in January 2021 from investigators, and that he was “shocked.”

As evidence of probable cause, police pointed to “what was believed to be a needle cover to a syringe, by itself at the bottom of the empty clothes dryer.” Not only was the cap not really associated with Morphew’s tranquilizer guns, he argues, he hadn’t filled a prescription for animal tranquilizer in years — facts not disclosed in the arrest warrant.

When filing for an arrest warrant however, investigators failed to disclose the fact that DNA found in the house and Suzanne’s car was linked to two other unsolved sex offenses in Arizona. Local law enforcement also relied on questionable GPA data despite being cautioned against it by the federal investigators, Morphew claims.

“All defendants caused the arrest warrant to be issued despite knowing there was no probable cause,” Morphew says in the complaint. “All defendants caused the murder and related charges to be brought despite knowing there was no probable cause.”

Domenico did not indicate how he would decide the motions before him but promised a written order in the coming weeks.

The entire story can  be read atL

https://www.courthousenews.com/colorado-prosecutors-sheriff-ask-federal-judge-for-immunity-from-a-widowers-malicious-prosecution-claims/

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

    —————————————————————————————————
    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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Saturday, August 31, 2024

Adnan Syed: Maryland: (Serial): Major (Unwelcome) Development: From our 'When procedure gets in the way of justice' department: The Maryland Supreme Court ruled Friday that his conviction of Adnan Syed should be reinstated because procedural errors in how his conviction had been wiped away in 2022, CNN (Reporters Tierney Sneed and Devan Cole) reports…"The ruling is the latest twist in the legal saga made famous by the podcast “Serial,” which examined the investigation that led to the 2000 conviction of Syed for the murder of Hae Min Lee. On Friday, the state’s highest court agreed with an appeals court decision that said the rights of Lee’s family were violated because her brother Young Lee received inadequate notice of a 2022 hearing on the state’s efforts to vacate the case and was not afforded opportunities to fully participate in the hearing."…"In two separate dissents, three members of the Maryland Supreme Court expressed disagreement with the majority’s decision to reinstate the conviction. Writing in one, Judge Michele Hotten said that under Maryland law, Young Lee “had no right to be heard at the vacatur hearing.” ”The circuit court is not statutorily required to hear from a victim or victim’s representative during vacatur proceedings because those proceedings no longer concern punishing the criminal defendant; rather, those proceedings concern the very basis of the criminal defendant’s guilt — conviction,” she wrote in the dissent."


PASSAGE OF THE DAY:  "The ruling will restart the efforts to clear away Syed’s conviction from the point that the 2022 motion to vacate the conviction was filed by Maryland state’s attorney’s office. At the time, prosecutors said that they had uncovered evidence related to one of the other suspects in the case. The reinvestigation of the case revealed evidence about the possible involvement of two suspects other than Syed, including a person who said they would make Lee “disappear” and that “he would kill her,” prosecutors previously said. Syed’s attorneys said he and his legal team were unaware that information existed until 2022. Syed’s conviction gained renewed — and widespread — attention nearly 10 years ago after the “Serial” podcast dug into his case, raising questions about the conviction and his legal representation. In doing so, the podcast reached a huge audience and set off a true-crime podcasting boom as well as further examinations of the case, including the HBO docuseries, “The Case Against Adnan Syed.”

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STORY: "Conviction of Adnan Syed from ‘Serial’ podcast should be reinstated, Maryland Supreme Court says," by  Tierney Sneed and Devan Cole,  published by CNN, on Friday, August 30, 2024…(Devan Cole covers the U.S. Supreme Court, Lower Federal Courts and the Justice Department);

PHOTO CAPTION: "Adnan Syed, whose case was chronicled in the hit podcast “Serial,” exits the courthouse after a judge overturned Syed's 2000 murder conviction and ordered a new trial during a hearing at the Baltimore City Circuit Courthouse on September 19, 2022. 

GIST: "The Maryland Supreme Court ruled Friday that the conviction of Adnan Syed should be reinstated because of procedural errors in how Syed’s conviction had been wiped away in 2022.

The ruling is the latest twist in the legal saga made famous by the podcast “Serial,” which examined the investigation that led to the 2000 conviction of Syed for the murder of Hae Min Lee.

On Friday, the state’s highest court agreed with an appeals court decision that said the rights of Lee’s family were violated because her brother Young Lee received inadequate notice of a 2022 hearing on the state’s efforts to vacate the case and was not afforded opportunities to fully participate in the hearing.

“In an effort to remedy what they perceived to be an injustice to Mr. Syed, the prosecutor and the circuit court worked an injustice against Mr. Lee by failing to treat him with dignity, respect, and sensitivity and, in particular, by violating Mr. Lee’s rights as a crime victim’s representative to reasonable notice of the Vacatur Hearing, the right to attend the hearing in person, and the right to be heard on the merits of the Vacatur Motion,” the Maryland Supreme Court said in the 4-3 decision.

The ruling will restart the efforts to clear away Syed’s conviction from the point that the 2022 motion to vacate the conviction was filed by Maryland state’s attorney’s office.

At the time, prosecutors said that they had uncovered evidence related to one of the other suspects in the case.

The reinvestigation of the case revealed evidence about the possible involvement of two suspects other than Syed, including a person who said they would make Lee “disappear” and that “he would kill her,” prosecutors previously said.

Syed’s attorneys said he and his legal team were unaware that information existed until 2022.

Syed’s conviction gained renewed — and widespread — attention nearly 10 years ago after the “Serial” podcast dug into his case, raising questions about the conviction and his legal representation. In doing so, the podcast reached a huge audience and set off a true-crime podcasting boom as well as further examinations of the case, including the HBO docuseries, “The Case Against Adnan Syed.”

In two separate dissents, three members of the Maryland Supreme Court expressed disagreement with the majority’s decision to reinstate the conviction.

Writing in one, Judge Michele Hotten said that under Maryland law, Young Lee “had no right to be heard at the vacatur hearing.”

”The circuit court is not statutorily required to hear from a victim or victim’s representative during vacatur proceedings because those proceedings no longer concern punishing the criminal defendant; rather, those proceedings concern the very basis of the criminal defendant’s guilt — conviction,” she wrote in the dissent.

The entire story can be read at:

https://www.cnn.com/2024/08/30/politics/adnan-syed-conviction-reinstated-maryland-supreme-court/index.html

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

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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;

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