FBI Work Challenged,
Conviction Negated
March 7, 2005
By DAVID PACE, AP
WASHINGTON
(AP) - A New Jersey appeals court overturned a 1997 murder conviction
on Monday, ruling that an FBI crime lab technique that prosecutors
relied on to link the fatal bullets to the defendant was based on
"erroneous scientific foundations."
The decision is believed to be the first
to overturn a conviction based on a challenge to the FBI analysis of
the lead content of bullets since the National Academy of Sciences last
year raised new questions about the technique the FBI has used for
decades to match bullets to crimes.
FBI Lab Director Dwight Adams asked for
the academy study in 2003 after a retired bureau metallurgist began
questioning the validity of the science that matches bullets by
comparing the chemical composition of their lead content. The academy,
chartered by Congress and privately run, is widely respected.
The FBI request came as the Associated
Press reported the retired metallurgist's findings based on his own
research into the science behind the lead bullet analysis. The AP also
reported that an FBI scientist had admitted giving false testimony
about lead bullet analysis in a Kentucky case.
Adams has estimated that the technique has
been used in about 2,500 cases since 1980, and has been mentioned in
court testimony about 500 times since then.
William Tobin, the retired FBI
metallurgist who first questioned the technique, had submitted a sworn
statement in the New Jersey case that resulted Monday in a new trial
for Michael S. Behn, who was sentenced to life in prison after his 1997
conviction in the shooting death of a coin dealer.
The FBI is the only law enforcement agency
that analyzes the metal content of bullets. It is done when bullet
fragments are too small or damaged to compare the marks left on the
slug by the barrel of the firearm. The goal is to determine if the
bullet from the crime matches other bullets found in the suspect's
possession or weapon.
In a technique known as chaining,
researchers compare the amounts of trace elements in a series of
bullets in a box. If they find that bullet A is like bullet B and B is
like C and C is like D and so on, they then conclude that A is the same
as E because they are part of the same chain.
In the New Jersey case, the appellate
court said the FBI analysis that used chaining to link bullets found at
Behn's residence with those used in the killing was the only expert
testimony in the circumstantial case that was not countered by the
Behn's lawyers during his trial.
"We conclude that the expert testimony was
based on erroneous scientific foundations," the court said.
Behn's lawyer had asked the appeals court
to order a new hearing on the evidence challenging the FBI analysis.
But the court went a step further, reversing his conviction and
ordering a new trial.
"The integrity of the criminal justice
system is ill-served by allowing a conviction based on evidence of this
quality, whether described as false, unproven or unreliable, to stand,"
the judges said.
Barry Scheck, president of the National
Association of Defense Lawyers, said the ruling will probably be
followed by similar challenges in other courts.
"There's no question since the National
Academy of Science report that testimony pursuant to CBLA (chemical
bullet lead analysis) is unreliable," he said. "You can't use it for
any probative evidentiary purpose. In many of these cases, people been
wrongly convicted."