
FORENSICS UNDER THE MICROSCOPE
Unproven techniques sway courts, erode justice
By Flynn McRoberts, Steve Mills and Maurice Possley, Tribune staff
reporters.
Tribune researcher Judith Marriott contributed to this report
October 17, 2004
Settling into the witness chair of a Kane County courtroom, Stephen
McKasson tutored jurors in a murder trial on the wonders of a rarely
used divining tool: lip prints.
The Illinois State Police crime lab examiner told them forensic
science accepts that lips have unique creases and he could match the
prints found on duct tape at the crime scene to the defendant, Lavelle
Davis.
Davis was convicted and sentenced to 45 years. The lip print, one juror
in the 1997 trial recalled, "proved that he had actually committed the
crime."
There was just one problem: What McKasson asserted about lip prints
isn't true.
The story of how an unproven forensic theory helped send a man to
prison might seem like a legal curiosity befitting an episode of "CSI:
Crime Scene Investigation."
But a Tribune investigation of forensics in the courtroom shows
how Davis' conviction exemplifies the questionable science, flawed
analysis and shoddy lab practices that sometimes undermine the quest
for justice. Long considered unbiased and untainted, crime labs and
analysts are facing new scrutiny and tough questions about their
accuracy.
At the center of this upheaval is the advent of DNA testing, which
has injected a dose of truth serum into other forensic tools. With its
dramatic precision, DNA has helped reveal the shaky scientific
foundations of everything from fingerprinting to firearm
identification, from arson investigation to such exotic methods as
bite-mark comparison.
It is difficult, if not impossible, to quantify precisely how many
cases have been affected by faulty forensic testimony or poor
analytical work, partly because defense attorneys often haven't
challenged forensic evidence. Many lack the resources to do so, others
assume the science is unassailable, and some simply don't bother.
But the 200 DNA and Death Row exoneration cases nationwide in the
last 20 years offer one clue. More than a quarter--55 cases with 66
defendants--involved forensic testing or testimony that was flawed.
The Tribune investigation included hundreds of interviews across
the country, an examination of thousands of court documents and an
analysis of criminal cases that turned on forensic evidence. Among the
findings:
- Fingerprinting is so subjective that the most experienced
examiners can make egregious mistakes. This year, in a stunning
embarrassment, the FBI was forced to admit it wrongly linked an Oregon
lawyer to the Madrid terror bombing case because of an erroneous
fingerprint comparison.
- Prosecutors continue to rely on experts who embrace debunked
theories about arson. Among the hard-to-kill myths is "crazed
glass"--glass lined with a spider web of cracks--which was thought to
be evidence of an accelerant until researchers learned it could occur
when hot glass is sprayed with water, as in putting out a fire.
- Forensic dentists, who link suspects to bite marks left on crime
victims, continue to testify despite having no accepted way to measure
their rate of error or the benefit of peer review. DNA testing has
shown that even the field's leading practitioners have made false
bite-mark matches.
- Scandals at labs from Maryland to Washington state have
spotlighted analysts who have incorrectly assessed evidence, hidden
test results helpful to defendants and testified falsely in court. The
scandals underscore the often-ineffective standards governing crime
labs.
Analysts involved in faulty forensic work typically have testified
in hundreds of trials, just one indication of how widespread the impact
of bad science and bad scientists can be. The lab scandals also have
laid bare a more fundamental failure: Experts often express certitude
based on an unfounded confidence in their forensic specialty and their
ability to practice it.
"I have no problem with forensic science. I have a problem with
the impression that's being given that those disciplines ... can make
an absolute identification of someone, and that's not the case," said
Terrence Kiely, a DePaul University law professor and author of
"Forensic Evidence: Science and the Criminal Law."
"It's the white coat-and-resume problem," he added. "They're very,
very believable people. And sometimes the jurors will take [their
testimony] as a `yes,' where the science can only say it's a `maybe.'"
The explosive popularity of TV shows such as "CSI" has led
prosecutors and crime lab directors in recent months to complain that
juries and the public have unreasonable confidence in what forensic
analysts can do and how quickly they can do it.
An examination of forensic science's role in the courts, however,
suggests that a much broader problem is the ease with which prosecutors
have brought unproven forensic theories or unchallenged forensic
experts into the courtroom.
In doing so, they harness the special sway such experts hold in
court. Not even police officers are allowed the kind of latitude
granted them--the freedom to give their opinion, not simply what they
observed or heard.
Forensic experts and their testimony are being questioned because of
two distinct forces reconfiguring the legal landscape.
In addition to the advent of DNA testing, U.S. Supreme Court
rulings have sought to impose greater scientific rigor on forensic
testimony.
In a defining 1993 decision, Daubert vs. Merrell Dow
Pharmaceuticals, the court demanded that such testimony not simply meet
the existing standard of "general acceptance" in its field, but also
address some of the hallmarks of scientific inquiry--testing, peer
review and rates of error.
That is precisely what has been lacking in many forensic fields,
some of which have scrambled to catch up since the ruling while others
continue to resist.
One facet of the problem is that while those involved in forensic
disciplines wear the white coat of science and portray themselves as
scientists, they often do not operate under the same rules as those in
other scientific pursuits.
Crime labs regulate themselves, often operating without the scientific
touchstones of experimentation and validation.
Consequently, lab analysts have been allowed to testify about such
evidence as ear prints and examinations of shoe insoles, though little
or no research exists to support their claims that these methods can
identify matches.
Some respected figures in forensic science say the failure to
address such problems and impose tougher standards is unacceptable.
"The stakes are too high--life, liberty, destroying families,"
said Dr. Joseph Davis, the chief Miami-Dade County medical examiner for
four decades before he retired in 1996. "A person who is truly innocent
is permanently disfigured or destroyed."
Lip prints seal fate
The adversarial nature of America's courts is supposed to insulate
them from bogus testimony. Both sides may offer their experts. The
judge and jury determine what testimony is reliable. And a just verdict
is reached.
The safety valve malfunctions when those qualified as experts make
unsubstantiated assertions, defense attorneys don't properly challenge
those individuals, and judges and juries believe them.
Each of those failures was on display in the case of Lavelle
Davis' lips. Though the questions raised by the use of lip print
evidence don't prove his innocence, they cast doubt on the fairness of
his trial.
A week before Christmas 1993, Patrick "Pall Mall" Ferguson was
killed outside an Elgin apartment complex--felled by a single shotgun
blast at close range.
Davis' first trial ended in a mistrial after a key eyewitness said
she was backing off testimony she gave at the earlier trial of a
co-defendant. At Davis' second trial, the woman said she was finally
coming forward with the truth--that she saw him shoot Ferguson.
Even prosecutor Alice Tracy called the woman "an admitted liar" during
the February 1997 trial.
Faced with that credibility problem, prosecutors pointed to
physical evidence to corroborate their theory. They believed
investigators had found it in the grass not far from the scene of the
slaying: a roll of duct tape.
Tracy theorized how Davis' lip print could have been left on the
sticky side of the tape. "He might have taken the duct tape to show one
of the others what they were going to do with it if Patrick Ferguson
... started to scream," she told the jurors.
McKasson, who worked at the state crime lab in Carbondale, said he
had examined lip prints in two other cases, though he had been unable
to match a suspect to those prints.
He had no such reservations in the case of Davis, declaring the
defendant's lips matched those found on the duct tape.
McKasson explained his conclusion by telling the court that lip
prints were no different from any other form of what is called
"impression" evidence.
"It's just a matter of the side-by-side comparison of
impressions," he told the judge, who qualified him as an expert. "And
to that degree it wouldn't matter whether it was a fingerprint, an ear
print or a lip print."
Trying to buttress the credibility of a method rarely seen in
American courts, a print examiner from the state police crime lab in
Rockford, Leanne Gray, told the court that the FBI believes lip prints
are a positive form of identification.
She was mistaken. The FBI "to this day hasn't validated lip print
comparisons," said Ann Todd, spokeswoman for the bureau's lab in
Quantico, Va.
Gray and the Illinois State Police declined to comment on the
Davis case because his post-conviction petition seeking a new trial is
pending.
For some jurors in Davis' trial, including Doris Gonzalez, the lip
print evidence was convincing--much more than the eyewitnesses and
others called by both sides who she said "were not very truthful
people."
That made the lip print evidence crucial. "I mean, it was a big
breakthrough for determining his guilt," Gonzalez said.
Davis' attorney, Lee Bastianoni, repeatedly challenged the
methodology and qualifications of the two examiners during
cross-examination but did not hire an expert to counter them.
Bastianoni instead tried to do the research himself. "I basically
went to the library and read all the books I could on fingerprints and
the scientific method," he recalled.
The novelty of the lip print evidence apparently did not trouble
the Illinois Appellate Court, which affirmed Davis' conviction in a May
1999 ruling that illustrates how legal safeguards can fail to weed out
questionable theories.
The court turned aside the challenge to the evidence, noting that
the state experts had testified the FBI considered lip prints a "means
of positive identification," and they "did not know of any dissent
inside the forensic science community" challenging that assertion.
Had Bastianoni called the likes of Andre Moenssens, one of the
deans of forensic science in the U.S., he would have discovered that
many of Gray and McKasson's claims were unfounded.
A law professor emeritus at the University of Missouri-Kansas City
and author of "Scientific Evidence in Civil and Criminal Cases,"
Moenssens happened to read the Illinois Appellate Court's decision.
He was so appalled that he wrote to the appellate defender's
office, and at the request of Davis' appellate attorney, Kim Campbell,
Moenssens agreed to file an affidavit for the post-conviction petition.
"You can't rely on your own cross-examination of the state's
witnesses," said Campbell, now an assistant state's attorney in
Downstate McLean County. "You have to have your own expert to say why
this kind of science is unreliable. And there was nobody saying that at
his trial."
In his affidavit, Moenssens wrote that "making the quantum leap
... to the ultimate notion of identifying an individual by the visible
imprint of his or her lips, is a journey fueled by two elements: pure
speculation and unadulterated conjecture."
The president of the American Academy of Forensic Sciences, the
nation's chief professional society for forensic disciplines, was
equally blunt in an interview.
"At this stage of the game, you can put ear prints and lip prints
and nose prints and elbow prints all in the same category--unverified
and unvalidated," said Ronald Singer, who also is director of the
Tarrant County medical examiner's crime lab in Ft. Worth.
Since Davis' conviction, McKasson has retired from the state crime
lab and runs his own document examination business. He gives frequent
workshops around the country on how to be an effective expert witness
and has co-written a book on the subject.
When told of the doubts raised by the FBI and others, McKasson repeated
his defense of his work.
"It bothers me that the rest of them are wimping out," he said.
"They're just worried about being attacked."
Pointing to the lip prints' apparent similarities on a computer
screen at his home near Carbondale, McKasson added: "I still don't see
what other choice I had, because there it was--it looked good to me.
These two impressions came from the same person. There's no doubt in my
mind."
Last week, a Kane County judge granted Davis a Jan. 31 hearing to
make the case for a new trial, based in part on the questions about the
lip-print evidence.
For Moenssens, the only thing as disturbing as McKasson's
testimony was the Appellate Court's affirmation of it. "It doesn't say
much for the courts' willingness to take the gatekeeper role seriously
when it comes to novel techniques," he said.
FBI's fingerprint fiasco
Though lip prints may never be widely used or accepted,
fingerprints have both a long history and the stamp of approval in
courts and in the public consciousness. Yet a century of their use in
solving crimes obscures a sobering reality: Despite claims that the
discipline is an infallible science, it is neither infallible nor a
science.
No standards exist for what portion of a fingerprint must be
recovered before it is suitable for comparison. At most crime scenes,
the police usually find only a fraction of a fingerprint, and that
latent print, as it is called, frequently is smudged or otherwise
distorted, making it difficult to compare.
Just as troubling, no research exists to say if people share
fingerprint patterns--whether a few points of similarity or many.
Theoretical problems are just one issue. In 1995, one of the only
independent proficiency tests of fingerprint examiners in U.S. crime
labs found that nearly a quarter reported false positives, meaning they
declared prints identical even though they were not--the sort of
mistakes that can lead to wrongful convictions or arrests.
A recent episode in the war on terrorism underscored these shortcomings.
On May 6, federal prosecutors strode into a courthouse in
Portland, Ore., and claimed the FBI had made a "100 percent positive
identification" linking a local lawyer to a fingerprint found on a bag
connected to terrorist bombings in Madrid.
Within weeks, the same prosecutors were forced to return to the
courtroom and admit an international humiliation: The fingerprint
analysis that led to the arrest of Brandon Mayfield was wrong.
But the FBI didn't realize it until Spanish authorities linked the
fingerprint to an Algerian man, Ouhnane Daoud.
Not just one but three FBI analysts, all seasoned veterans, had
made the same mistake. A fourth expert independently appointed by the
judge erred as well when he determined Mayfield's prints were a match.
The Madrid fingerprint fiasco was one of the highest-profile
embarrassments in the century since fingerprinting became one of the
most trusted forensic tools, employed by police to catch everyone from
burglars and car thieves to rapists and murderers.
In most cases, prints recovered at a crime scene are run through
the FBI's massive databank of prints taken from arrests around the
country. After the databank spits out a pool of potential matches,
fingerprint examiners compare each of those with the crime-scene print.
They look for points of similarity among the circular ridges and
lines that make up a fingerprint. Once a match is made, a colleague
double-checks the work.
The FBI has long claimed that fingerprint identification is
infallible. A top FBI fingerprint official has testified to a "zero
error rate."
But even top officials with the leading fingerprint examiners'
organization acknowledge that more research is needed to bolster the
scientific foundation of fingerprinting.
"The debate is not so much do fingerprints work, but what is the
science?" said Joseph Polski, chief operations officer of the
International Association for Identification.
Another concern: Standards for determining how many points of
comparison are needed to determine a match vary among police
departments across the country. The FBI has no minimum; it says it
relies on its analysts' experience and judgment to determine if
fingerprints match.
Those issues are at the heart of the Mayfield case. The FBI said
it found 15 points where the prints matched. Kenneth Moses, the former
San Francisco crime scene examiner the judge consulted, testified he
found 16 points. The Spanish police found eight and said that wasn't
enough to declare a match.
Initially, the FBI found the print--lifted from a plastic bag
containing detonator caps near the March 11 train bombings--of
sufficient quality to compare and link Mayfield to the attacks.
After its error was made public, though, the government contended
the image of the fingerprint it examined was of "no value for
identification purposes."
"That's particularly difficult to understand since the Spanish
police used it to identify Daoud, and the FBI had used it to identify
Mr. Mayfield," said Steven Wax, the federal public defender in Portland
who defended Mayfield.
One of the three FBI examiners responsible for the Mayfield match
acknowledged the blunder. "We just did our job and made a mistake,"
John Massey said in an interview at his Virginia home. "That's how I
like to think of it--an honest mistake."
Massey said he knew another examiner had already declared a match
in the Mayfield case, but he said there was no pressure on him to
concur.
While the Department of Justice's inspector general is reviewing
the case, Massey said his faith in fingerprint comparisons is unshaken.
"I'll preach fingerprints till I die. They're infallible," Massey said.
"I still consider myself one of the best in the world."
Such confidence in the face of error has many historical
precedents in technical fields; physicians initially preferred to rely
on their instincts, balking at using instruments as simple as a
blood-pressure gauge that could be understood by laypeople.
Doctors didn't yield to the adoption of such instruments until
insurance companies demanded quantitative measurements of patients'
health, said Theodore Porter, a professor of the history of science at
UCLA.
The public's "trust in the competence of practitioners and the
implicit consensus within the field breaks down when skeptical
outsiders challenge it," Porter said.
Fingerprint examiners have exhibited a similar resistance, saying
their personal experience is proof enough of their reliability. The
lingering question: Will the Mayfield case force them to embrace
scientific validation?
Though it captured the most attention, Mayfield's brief arrest was
only the latest in a string of cases in which fingerprinting was called
into question.
The hunt to find who stabbed Alvin Davis to death seemed simple at
first. After all, investigators in the working-class Philadelphia
suburb of Upper Darby had found bloody fingerprints on a window fan
leaning against Davis' decomposing body in autumn 1997.
After two days of examination, examiner Anthony Paparo said he had
found at least 11 points of similarity between the bloody prints on the
fan and those of a friend of Davis, Riky Jackson. To be certain, Paparo
asked Upper Darby Police Supt. Vincent Ficchi, also a fingerprint
examiner, to double-check his work. Ficchi concurred.
Defense attorneys rarely challenge fingerprint evidence. But
Jackson's lawyer, Michael Malloy, dug deeper when he realized the case
rested on the fingerprints. There was no confession from Jackson, no
eyewitness.
A hairstylist who lived in Philadelphia, Jackson said police had
shown him the fingerprints and told him they would convict him--maybe
even put him on Death Row.
"They said, `See the fingerprints here? They're yours,'" Jackson
said in an interview. "I told them, `There's no way they could be my
fingerprints.'"
At trial, Paparo and two other experts testified how they had
matched the bloody fingerprints on the fan to Jackson. Malloy got his
own experts, two retired FBI agents, who testified the prints did not
match.
A jury convicted Jackson, and he was sentenced to life. After his
conviction, though, Malloy's experts filed a complaint with the
International Association for Identification about Paparo and the two
other experts who testified for prosecutors.
The complaint triggered a review of the evidence by the FBI, which
concluded that Paparo had erred.
Two days before Christmas 1999, Jackson walked out of a
Pennsylvania jail. Authorities have yet to link the prints to anyone
else.
To this day, Paparo denies misreading the prints. "I'm not going
to lock someone up just to clear a case," he said, standing in front of
the illuminated screen at the police department where he made the
comparison.
The most significant challenge to fingerprinting came in 2002 in
another Pennsylvania case, a drug conspiracy with charges of multiple
murders. Presiding over it was Judge Louis H. Pollak, a former dean of
Yale Law School respected by lawyers on both sides of the aisle in
Philadelphia.
In January 2002, Pollak issued a stunning decision: that there was
insufficient scientific basis for examiners to declare fingerprint
matches.
It was the first time a U.S. trial judge had rejected fingerprint
comparison evidence. Despite its long history of acceptance, Pollak
ruled, fingerprinting lacked the testing, peer review, uniform
standards and known error rates called for under the Supreme Court's
new Daubert standard.
Prosecutors asked Pollak to reconsider his ruling, and for three
days in February of that year he held hearings that put fingerprinting
to the test.
An FBI agent testified that examiners scored well on the bureau's
own proficiency tests. But a London fingerprint consultant who had
worked for years for Scotland Yard testified for the defense that the
tests were too easy. The prints were too clean, he said, unlike what
fingerprint examiners have to deal with at crime scenes.
The British expert, Allan Bayle, said his officers, if given the same
kind of proficiency tests, would "fall about laughing."
After hearing both sides, Pollak acknowledged the problems with
the FBI's proficiency testing. But the judge said he was convinced that
examiners in Britain and the U.S. generally agreed on the methods for
analyzing prints and that the testimony of an FBI fingerprint expert
gave him "a substantially more rounded picture of the procedure."
In the end, the judge who had called into question one of the
bedrock forensic sciences gave it a reprieve, agreeing that the FBI had
never made a mistake.
"I have found, on the record before me, that there is no evidence
that certified FBI fingerprint examiners present erroneous
identification testimony," Pollak wrote, before concluding, "In short,
I have changed my mind."
His ruling seemed to put the issue to rest. Then, two years later, the
FBI wrongly accused Mayfield in the Madrid case.
Fighting unproven science
In the criminal justice system, juries often decide a person's
guilt. But judges have broad discretion over what those jurors hear,
including which forensic experts and what kind of forensic evidence.
For decades, most judges screened scientific testimony according
to a 1923 federal decision. Frye vs. United States said such testimony
must be based on principles "sufficiently established to have gained
general acceptance in the particular field in which it belongs."
In 1993, the U.S. Supreme Court created the stricter Daubert
standard, which held that trial judges also "must ensure that any and
all scientific testimony or evidence admitted is not only relevant, but
reliable."
But the Daubert standard applies only to federal courts and the
state court systems that choose to adopt it. Some state courts,
including Illinois, continue to use the Frye guidelines.
Even though judges rarely bar forensic experts from testifying,
the director of the Justice Department's research arm argues that the
bench is aggressive in its gatekeeper role.
"I have a lot more faith in judges," said Sarah Hart, director of
the National Institute of Justice. "They can even hire their own
experts to inform them. In this advocacy system ... you can get a lot
of information on this stuff."
But some jurists themselves say judges are ill-prepared for this part
of their job.
Haskell Pitluck, a retired McHenry County judge and former
president of the American Academy of Forensic Sciences, described the
problem facing many in the justice system.
"If lawyers could do science, they'd be doctors," he said, noting
that he is better versed in forensics than many jurists, "and I don't
feel qualified to make many of these calls."
A national survey of 400 state trial judges published in 2001
found that while nearly all jurists believed their gatekeeping role was
appropriate, only 4 percent had a clear understanding of the key
scientific concepts of probability and error rates.
Some forensic disciplines certify experts in their fields, but that's
no guarantee of quality.
"Too often, the lawyers don't do their homework enough so they can
properly cross-examine these people," Pitluck said. "They come in and
say, `I'm an expert.' And some lawyers simply roll over."
Every new forensic discipline has been met with skepticism. Even
DNA was not readily embraced when first used in the 1980s to identify
suspects, because it was largely untested in the courtroom.
This underscores a central dilemma of the justice system: how to
distinguish promising forensic methods and their practitioners from
junk science and their charlatans.
One of the more bizarre crime-lab tools has been championed for
more than 15 years by a Dutch police officer, Cor van der Lugt. He
contended that when pressed upon a flat surface, a person's ear leaves
distinct marks that can later be matched through its unique shape, size
and contours.
Van der Lugt testified in the 1997 murder trial of David Wayne
Kunze in Vancouver, Wash., that he had examined ear prints in over 600
cases abroad.
The Dutch officer, according to court documents, said he thought
it was "probable" that Kunze had left his ear print when he pressed
against a bedroom door to listen before entering to kill the man
sleeping inside. When asked on the stand how certain he was, he said:
"I'm 100 percent confident of that opinion."
Michael Grubb, then the manager of the Washington State Patrol
Crime Laboratory in Seattle, stopped short of declaring an exact match
but testified at the trial that Kunze was "a likely source."
Grubb, now director of the San Diego crime lab, said the Kunze case is
the only ear print case he had worked on.
"I examined ear prints from 130 other individuals as part of the
Kunze case," Grubb told the Tribune, and "none of the other 130 ear
prints were similar."
Kunze was convicted and sentenced to life in prison.
In this instance, though, the courts' checks-and-balances system
worked. Kunze's conviction was overturned after an appellate court
ruled that the ear print evidence was not reliable enough for such
declarations of certainty. Prosecutors later dropped the charges.
Distinguishing the forensic fringe from the cutting edge can be
difficult enough; keeping a debunked science from re-entering the
courts can be even tougher.
North Carolina anthropologist Louise Robbins helped send more than
a dozen defendants across the country to prison or to Death Row with
her self-proclaimed power to identify criminals through shoe prints. On
occasion she even said she could use the method to determine a person's
height, sex and race.
By the time Robbins died in 1987, appeals courts had overturned
many of the cases in which she had testified. And the American Academy
of Forensic Sciences, in a rare rebuke of one of its members, concluded
her courtroom work was not grounded in science.
But in a laboratory at the headquarters of the Royal Canadian
Mounted Police in Ottawa, the effort to determine identity from feet
and shoes is getting new life.
Sgt. Robert Kennedy, a veteran fingerprint analyst, says he can
tell who wore a shoe by comparing impressions left on an insole with a
person's foot.
Kennedy calls it "barefoot morphology." Like Robbins, his work has
helped prosecutors obtain convictions.
"I know there've been questions about this. Louise Robbins was a
real problem," Kennedy said in an interview in his office. But "you
don't want to just let an area of forensic science go by the wayside.
It's good evidence."
Unlike Robbins, Kennedy has tried to base his work in science.
Since the early 1990s, he has been visiting army bases and other sites
to build a database of footprints that now exceeds 10,000 sets.
In the 1998 trial of Jeffrey Jones in South Carolina, Kennedy's work
proved crucial to sending Jones to Death Row.
Police investigating a double murder believed a boot that had left
a bloody impression in the victims' kitchen belonged to the killer.
They matched the impression to a boot found in a house that Jones
shared with another man, James Brown, who admitted his role in the
killings. In exchange for a life sentence, Brown testified against
Jones.
No physical evidence linked Jones to the crime, and he denied
involvement. Though the boots were size 9 1/2 and Jones wore between an
11 and 11 1/2, prosecutors said he was wearing them when the murders
were committed.
At the trial, South Carolina crime lab analyst Steven Derrick, who
had never before testified to such a comparison, said he examined the
boot insole and an impression from one of Jones' feet.
Derrick concluded that the only way someone else's foot could have
made the impression on the boot insole would be if the person had
precisely the same foot characteristics--such as the shape and the
distance between toes.
Derrick also testified that he had not made a comparison with the
feet of Brown, who claimed the size 9 1/2 boots were too big for him.
Kennedy vouched for Derrick's work as well as the field of
barefoot morphology, testifying that he talked Derrick through the
comparison process.
In 2001, the South Carolina Supreme Court reined in such evidence,
ruling there was insufficient science to support it. The court ordered
the state to either try Jones again or set him free.
Even with the ruling, prosecutor Dayton Riddle said he would use the
insole evidence again when he takes Jones back to trial.
"That's good science, despite the fact it got reversed," Riddle
said. "I think what happened there is that I was a little bit ahead of
the curve."
- - -
Forensic science: From bullets
to brain fingerprinting
TOXICOLOGY
The analysis of alcohol, drugs and poisons in the body, as well as
testing of seized evidence for the presence of narcotics such as
cocaine and heroin.
1836: Scottish chemist James Marsh develops a test to detect
arsenic after a jury in a murder trial had rejected his testimony about
the presence of the poison in the victim.
FINGERPRINTING
Matching fingerprints through the individual characteristics said to
make each person's unique.
1892: The modern system of fingerprint identification begins to
take shape with Sir Francis Galton, a British anthropologist and cousin
of Charles Darwin who asserts the uniqueness of fingerprints.
FIREARM IDENTIFICATION
The process of matching bullets found at crime scenes with bullets
fired from a suspect's weapon.
1912: Victor Balthazard, a professor of forensic medicine, asserts
that machine tools used to make gun barrels never leave exactly the
same markings. After studying images of gun barrels and bullets,
Balthazard reasons that every gun barrel leaves a signature set of
etched grooves on each bullet fired through it.
TRACE EVIDENCE
Hair and fibers are examined to connect a suspect to a crime scene or a
victim.
1920: Edmond Locard, professor of forensic medicine at France's
University of Lyon, publishes a criminal science volume that espouses
the principle that "every contact leaves a trace."
ARSON INVESTIGATION
The examination of fire damage to determine a fire's cause, origin and
whether it was intentionally ignited.
1962: John A. Kennedy writes the textbook "Fire and Arson
Investigation," which puts forth some theories that have since been
debunked.
ODONTOLOGY
The examination of dental records to determine a person's
identity, such as in mass fatalities. Its more controversial
application, bite-mark comparisons, links suspects to bite wounds on
crime victims.
1968: Dr. Warren Harvey, an odontologist, is the first to identify
a suspect's bite marks, which led to the conviction of a murder suspect
in Scotland.
DNA TESTING
The comparison of an individual's genetic profile with the genetic
profile from evidence found at a crime scene.
1993: Kary Mullis wins a Nobel Prize for polymerase chain
reaction, a process that greatly reduces the time required and amount
of evidence needed to do DNA testing.
BRAIN FINGERPRINTING
Using a headband with sensors, the technique measures brain waves.
In theory, sensors detect when the guilty recognize details of a crime.
It's unclear if it is the next great forensic tool or another chapter
of junk science.
2001: After Dr. Lawrence Farwell, a neuroscientist, develops brain
fingerprinting, it is first presented in court to an Iowa judge, who
disregards it.
Sources: Forensic DNA Consulting, Bruce Anderson's 1998 University
of Arizona doctorate dissertation, National Library of Medicine,
McGraw-Hill Encyclopedia of Science & Technology, Science Fair
Projects Encyclopedia, Crime Library
Gentry Sleets, Chris Soprych and Phil Geib/Chicago Tribune
- - -
The project team
Flynn McRoberts, Steve Mills and Maurice Possley are veteran
projects reporters for the Tribune and have contributed to
ground-breaking investigations of criminal justice in America over the
last six years. Their work has included stories about flaws in the
death penalty, false confessions and immigration policies targeting
Muslims. Alex Garcia has photographed Illinois' historic clemency
hearings; his photos also were featured in the series "The Legacy of
Wrongful Convictions."
|