
Digitized Prints can Point
Finger at the Innocent
January 3, 2005
By
Flynn McRoberts and Steve Mills Tribune staff reporters
Deep inside a sprawling complex tucked in the hills of an
Appalachian town, a room full of supercomputers attempts to sift
America's guilty from its innocent.
This is where the FBI keeps its vast database of
fingerprints, allowing examiners to conduct criminal checks from
computer screens in less than 30 minutes--something that previously
took them weeks as they rummaged through 2,100 file cabinets stuffed
with inked print cards.
But the same digital technology that has allowed the FBI to
speed such checks so dramatically over the last few years has created
the risk of accusing people who are innocent, the Tribune has found.
Across the country, police departments and crime labs are
submitting fingerprints for comparisons and for entry into databases,
using digital images that may be missing crucial details or may have
been manipulated without the FBI knowing it.
Not unlike a picture from a typical digital camera, a
digital fingerprint provides less complete detail than a traditional
photographic image. That matters little with pictures from the family
vacation. But when the digital image is of a fingerprint, the lack of
precision raises the specter of false identifications in criminal
cases.
"There's a risk that not only would they exclude someone
incorrectly--we have the potential to identify someone incorrectly,"
said David Grieve, a prominent fingerprint expert who is the latent
prints training coordinator for the Illinois State Police crime lab
system.
An FBI-sponsored group of fingerprint examiners was
concerned enough about the quality of digital images that in 2001 it
recommended doubling their resolution. Three years later, though, the
vast majority of police agencies still use equipment with the lower
resolution.
Equally troublesome, the most commonly used
image-enhancement software, Adobe Photoshop, leaves no record of some
of the changes police technicians can perform as they clean up
fingerprint images to make them easier to compare.
This seemingly esoteric issue is crucial because it raises
questions about a bulwark of the criminal justice system: chain of
custody. If authorities cannot prove that a fingerprint is an accurate
representation of the original and show exactly how it was handled, its
validity can be questioned.
FBI officials recognize the resolution problem but say it
leads to overlooking guilty people, not falsely accusing the innocent.
"The risk that we're hearing is that we miss people--because
the resolution isn't enough--not that we're identifying people
incorrectly," said Jerry Pender, deputy assistant director at the FBI's
Clarksburg facility.
Potential for error rising
Such confidence is unwarranted, according to digital-imaging
specialists and some leading fingerprint experts. And they say the
potential for mistakes is growing inexorably as police departments
around the nation switch from old inked cards to digitized computer
images.
To do so, technicians scan an inked card into a computer,
which converts it into a pattern of 0s and 1s that digitally represent
the image, similar to how a fax machine works. And, like a fax machine,
the process of digitizing the fingerprint loses considerable amounts of
detail.
"It gives examiners the misleading impression that they're
getting a better-quality image to examine," said Michael Cherry, an
imaging expert who is on the evidentiary committee of the Association
for Information and Image Management, a business technology trade
group. "These images actually can eliminate fingerprint characteristics
that might exclude a suspect."
Measuring the number of cases in which a digital image may
have wrongly linked a suspect to a crime scene is difficult. The
technology is so new that many defense attorneys do not know to ask if
the fingerprint image entered into evidence has been digitized.
"I think it's a very real problem, but it's under the
[radar] still," said Mary Defusco, director of training at the Defender
Association of Philadelphia, a non-profit group that represents
indigent defendants. "We have to get up to speed on it."
One of the nation's first successful challenges to the use
of digital fingerprinting in the courtroom came in 2003 in Broward
County, Fla.
The only physical evidence linking Victor Reyes to the
murder of Henry Guzman was a partial palm print--an intriguing trace of
evidence found on duct tape used to wrap the body in a peach-colored
comforter.
A forensic analyst with the Broward County Sheriff's Office
used a software program known as MoreHits along with Adobe Photoshop to
darken certain areas and lighten others--a process called "dodge and
burn," which has long been used in traditional photography.
Reyes' attorney, Barbara Heyer, argued that such digital
enhancements were inappropriate manipulations of the evidence. "It just
hasn't gotten to the point of reliability," Heyer said.
Jurors acquitted Reyes, largely because of sloppy handling
of the evidence by police. But they also were troubled by the digital
fingerprinting technology used in the case. The jury foreman, Richard
Morris, who writes computer-imaging software for a living, said in a
recent interview that he and his fellow jurors had significant concerns
about it.
No record of image changes
"The makers of the [Adobe] software dropped the ball in not
providing a digital record of every action applied to the image,"
Morris said. He said he would like to see lab analysts or police
personnel use software that automatically would log any changes so
other examiners could determine later whether the digital print had
been altered inappropriately.
Ten years ago, only a handful of major police departments
used digital fingerprinting. Today, more than 80 percent of the prints
submitted to the FBI's Clarksburg facility are digital.
Along with the digital technology has come inexpensive
software that allows personnel at many police stations to enhance the
prints at their desks. One of the most widely used digital-print
software programs, MoreHits, claims about 150 clients among local,
state, federal and foreign law-enforcement agencies.
The creators of these explosively popular tools also
recognize the potential problems.
"It's like a hammer. It's not evil unless someone who is
evil picks it up and uses it," said Erik Berg, a forensic expert with
the Police Department in Tacoma, Wash., who developed MoreHits.
Human element crucial
Defenders of the technology contend that concerns about it
are overstated because computers only spit out a list of potential
matches; typically, human fingerprint examiners at the FBI's lab and at
state crime labs make the final matches introduced in court.
"The benefits to law enforcement with digital fingerprints
are incalculable in terms of speed of identification and exoneration of
the innocent," said Joseph Bonino, former chairman of the FBI's
advisory policy board for the Criminal Justice Information Services
division in Clarksburg. "They provide a high degree of accuracy,
assuming your human examiners are properly trained."
Trust in that safeguard took a major hit last spring when
the FBI falsely linked an Oregon lawyer, Brandon Mayfield, to terrorist
bombings at Madrid train stations.
When Spanish authorities connected the Madrid print to an
Algerian man, the FBI had to admit it erred.
The bureau initially blamed the quality of a digital
fingerprint image forwarded from the Spanish National Police. An
international panel of experts later concluded that the digital image
was fine; instead, the panel found, several veteran FBI examiners had
missed "easily observed" details that excluded Mayfield.
Asked last month about the questions involving digital
prints, the FBI issued a statement saying it would not comment further
until eight teams of forensic scientists--appointed after the Mayfield
case unraveled--finish "methodically inspecting every aspect of the
latent fingerprint process, which includes the examination of digital
images."
The sleek computer equipment inside the bureau's facility in
Clarksburg cannot negate this disturbing fact: The FBI does not know if
a police agency has altered any of the thousands of new fingerprint
images added every day to its database, which now has 48 million sets
of prints.
As long as the submissions meet FBI standards on resolution,
size and information about the subject, "we wouldn't have any concerns
about the quality of images coming into IAFIS," said Steve Fischer,
spokesman for the Clarksburg facility, referring to the FBI's
Integrated Automated Fingerprint Identification System.
Improprieties possible
But Fischer acknowledged that those standards are not a
safeguard against improper manipulation of the images.
"If they were doing something out there," he said, "we
wouldn't know about it."
The broader concern, though, remains the quality of the
digital images themselves. An FBI-sponsored scientific working group of
fingerprint experts cited concerns about the quality of digital images
in 2001, when it recommended doubling their resolution, from 500 pixels
per inch to 1,000.
But that is only a guideline, and most police departments
haven't invested in newer equipment that would upgrade the digital
images.
"The quality of the detail . . . in the [lower-resolution]
digital image is not sufficient to support a lot of what fingerprint
comparisons rely on," said Alan McRoberts, chairman of the working
group and editor of the Journal of Forensic Identification.
The roots of using digital images for crime-solving date to
the early 1970s, when San Diego police brought a palm print image to
the Jet Propulsion Laboratory in Pasadena, Calif., in the hope that
scientists could enhance it.
Police had found a bloody palm print on a bedsheet at a
murder scene, but the weave of the sheet obscured the print's detail.
The lab's scientists managed to separate the print from the bedsheet's
weave using a process similar to one employed to enhance photographs
taken of the moon and planets.
Since then, the drop in prices for such technology has made
it widely available to law enforcement, but critics question whether
all police staffers using it fully understand its limitations.
One solution to the problem is simple, according to imaging
experts: Have defense attorneys ask the right questions.
Berg, the developer of the MoreHits software, outlined them:
"If this is a digital image, has it been enhanced or is this the
original capture with no changes to it? If it's been enhanced, I want
you to show me what you did and tell me what your training is. And did
you go out of your area of expertise to do this?"
If those questions aren't asked, Berg noted, a false
identification might not be caught.
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