The National Association of Criminal Defense Lawyers’ amicus brief in Bullcoming v. New Mexico is an excellent resource for attorneys who want to understand gas chromatography measurements of blood alcohol concentration (BAC) and possible challenges to that technique. Gas Chromatography or Headspace Gas Chromatography is the typical method used in North Carolina when the State …
DNA Mixture Analysis – Is It Subjective or Objective?
DNA is often regarded as the gold standard of forensic science because of its purported objectivity, which makes it immune to subjectivity and bias. The National Academy of Sciences 2009 Report, Strengthening Forensic Science in the United States: A Path Forward even concluded that “[w]ith the exception of nuclear DNA analysis, . . . no …
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Update to “Freedom on the line for two North Carolina men”
A three-judge panel in Asheville ruled today that Kenneth Kagonyera and Robert Wilcoxson are innocent. The men who spent ten years in prison were exonerated by the judges’ ruling. This case which involved DNA testing that pointed to another suspect is the third case that has been heard by the N.C. Innocence Inquiry Commission and the …
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Warning about SBI DNA Reports
By Mark Rabil Have you been given a report from the SBI Lab (now the State Crime Lab) that says the results of DNA testing are “inconclusive”? Well, you should not necessarily believe it. The Tamera Bean noncapital murder case that was tried in Asheboro this month is a case in point. Defense Attorney David …
Freedom on the line for two North Carolina men
By Charlotte Stewart, UNC Law Student This week a three-judge panel, formed as part of the N.C. Innocence Inquiry Commission process, is hearing a case which could exonerate two North Carolina men of murder convictions. Kenneth Kagonyera and Robert Wilcoxson were convicted of the murder of Walter Rodney Bowman in 2000 in Buncombe County. Last …
Measurement Uncertainty
Any scientific measurement has some error associated with it. The concept of “measurement uncertainty” means that for even the most carefully performed measurement, the value of the thing being measured can never be known exactly – only an estimated value can be given. Measurement uncertainty and error rates can come into play in forensic science …
CODIS: Combined DNA Index System
By Sarah Rackley Edited by Dr. Maher Noureddine, forensic DNA expert Note: Where State Crime Lab policies and procedures are referenced, I have cited to the most recent version that I have access to. What it is: CODIS (Combined DNA Index System) is the FBI’s program that allows forensic DNA laboratories to create and search …
Free Online Forensic Training
If you are encountering an issue of forensic science for the first time or if you’re looking for an in-depth training on a specific topic, online forensic trainings are a great way to access the knowledge of national experts from the comfort of your home or office. I’ve compiled over 100 of these free trainings …
Forensic Tests for Saliva: What you should know
By Maher Noureddine, Ph.D. First in the series: Bodily Fluids and Forensics You may encounter cases in which the prosecution claims that SBI tests establish the presence of human saliva on the victim as part of its proof that an assault occurred. This type of evidence is often seen in sexual assault cases. In cases …
Bodily Fluids and Forensics: Introduction to the Series
By Maher Noureddine, Ph.D. and Sarah Rackley The field of forensic investigation continues to reap tremendous benefits from advancements made in various scientific disciplines including physics, chemistry, biology and others. The detection and analysis of biological molecules have been at the forefront of this advancement, even to the level of revolutionizing forensics as we know …
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COA addresses bad lab reports in Duke Lacrosse case
By Daniel Shatz, Assistant Appellate Defender For those of you who just cannot get enough Duke Lacrosse news, the Court of Appeals issued an opinion on August 2, 2011 in a civil case involving a lawsuit filed by the DNA tester, Brian Meehan, against his former company, which had fired him “for cause.” Not surprisingly, the …
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Recommendations of the Ombudsman to the SBI
The NC Attorney General’s Office has released the Report of the Ombudsman, completed by Judge Vince Rozier, Jr. prior to leaving that position. The Ombudsman’s report is preceded by a memo from the Acting North Carolina State Crime Lab Director Joseph R. John, Sr. responding to the report’s recommendations. A few of the recommendations that …
Texas court upholds exclusion of unreliable scent-lineup evidence
A Texas appeals court affirmed the exclusion of evidence that a dog identified a defendant’s scent in a “scent-lineup” in State v. Dominguez. The trial court found that human scent identification by a canine is not sufficiently reliable to be admitted in evidence in a criminal trial, based on the defendant’s motion to suppress and …
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“Putting the Science in Forensic Science” Editorial
AmStat News, the monthly newsletter of the American Statistical Association, published an editorial, “Putting the Science in Forensic Science: Helping Congress and the administration do what is possible” on August 1, 2011. The editorial, written by Clifford Spiegelman, Adina Schwartz, and Kate Philpott, presents recommendations of how to implement forensic science reform proposals that have …
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New Research on Shaken Baby Syndrome
New research by Canadian pathologist Evan Matshes challenges the opinion that death from shaking is due to brain trauma characterized by the “traditional triad” of injuries: subdural bleeding, retinal bleeding and brain swelling. His research, published in the July 2011 edition of the journal of American Forensic Pathology (available here: Shaken infants die of neck …