Volume 8 - American Academy of Forensic Sciences

306 Pages·2005·7.43 MB·English

AMERICAN ACADEMY OF FORENSIC SCIENCES
410 North 21st Street
POBox 669
Colorado Springs, CO 80901-0669
Phone: [phone]
Fax: [phone]
E-Mail: [email protected]
PROCEEDINGS
of the American Academy of Forensic Sciences
The Proceedings of the American Academy of Forensic Sciences is an official publication of the American Academy of
Forensic Sciences (AAFS). It is devoted to the publication of the abstracts of technical oral papers and posters presented at the
AAFS annual meeting. These include various branches of the forensic sciences such as pathology, toxicology, physical
anthropology, psychiatry, immunology, odontology, jurisprudence, criminalistics, questioned documents, and engineering.
Similar submissions dealing with forensic oriented aspects of the social sciences are also included.
Please note that some of the abstracts included in the Proceedings deal with topics, results, and/or conclusions which are
controversial. The publication of abstracts does not necessarily imply that the AAFS, its sections, or the individual section program
chairmen/committee has verified or agrees with the studies, results, and/or conclusions of each abstract. During the process of
planning a scientific program, it is impossible to “peer-review” each abstract and presentation to the degree that is accomplished
during manuscript review. Abstracts and presentations are accepted, in part, so that they can be critiqued and reviewed by other
scientists, and so that a forum is available to discuss controversial issues.
The views expressed in this publication are not those of the AAFS. The data and opinions appearing in the published material
were prepared by and are the responsibility of the contributor(s), not of AAFS or its respective employees, employers, officers,
and agents. The AAFS does not supply copies of meeting papers and it is suggested that you write directly to individual authors
to obtain copies of specific papers. Presentation of some abstracts may have been scheduled or canceled after the publication of
this document.
Copyright 2002 by the AAFS. Unless stated otherwise, noncommercial photocopyingof editorial material published in this
periodical is permitted by AAFS. Permission to reprint, publish, or otherwise reproduce such material in any form other than
photocopying must be obtained from AAFS.
Printed in the United States of America by Publication Printers, Corp., Denver, CO.
PROCEEDINGS
of the American Academy of Forensic Sciences February 2002
Volume VIII
Contents
Financial Disclosure Index...........................................................1
Special Sessions............................................................................3
Breakfast Seminars.......................................................................5
Academy-Wide Luncheons...........................................................9
Workshops...................................................................................10
Scientific Sessions
Criminalistics.........................................................................26
Engineering Sciences.............................................................75
General.................................................................................110
Jurisprudence.......................................................................129
Odontology..........................................................................141
Pathology/Biology...............................................................169
Physical Anthropology........................................................213
Psychiatry &Behavioral Science........................................253
Questioned Documents........................................................261
Toxicology...........................................................................268
Last Word.............................................................................289
Presenting Author Index...........................................................293
Key Word Index........................................................................297
FFiinnaanncciiaall DDiisscclloossuurree
As a sponsor of continuing education, the American Academy of Forensic Sciences must insure balance, independence, objectivity, and
scientific rigor in all its educational activities. All faculty participating in a sponsoring activity are expected to disclose to the activity
audience any significant financial interest or other relationship: (1) with the manufacturer(s) of any commercial product(s) and/or
provider(s) of commercial services discussed in an educational presentation, and (2) with any commercial supporters of the activity.
(Significant financial interest or other relationship can include such things as grants or research support, employee, consultant, major
stockholder, member of speaker's bureaus, etc.) The intent of this disclosure is not to prevent a speaker with a significant financial or
other relationship from making a presentation, but rather to provide listeners with information on which they can make their own judg-
ments. It remains for the audience to determine whether the speaker's interest or relationships may influence the presentation with regard
to the exposition or conclusion. The executed Financial Disclosure Forms are on file in the AAFS Office.
A Simon A. Cole, PhD - BS4 David G. Howitt, PhD - C10
National Science Foundation University of California at Davis
Pascal Adalian - H25 Sharon R. Crowley, RN, MSN - D23 Marilyn A. Huestis, PhD - K32
Fellowship of the French Ministry of Leisgang Medical NIDAIntramural Funds/
National Education Sanofi-Synthelabo, Inc.
Marc W. Allard, PhD - B80 D Brian C. Hunter, MD - G37; G51
DOJ/FBI Sparrow Health System
Eileen M. Allen, RN, BSN - W17
Ian Dadour, PhD - G66
Cooper Surgical I
Australian Research Council
Ellen J. Aragon, JD - E4
Franklin E. Damann, MA- H9
Los Angeles County Oak Ridge Institute of Science Francesco Introna, MD - G39
and Education University of Bari
B Nunzio Di Nunno, MD - G74 Alice R. Isenberg, PhD - W5
University of Bari Applied Biosystems
Wayne Baird - W21
Forensic Technologies, Inc. E J
David W. Baker, MFS - D14
MITRE Corporation Neil F. Johnson, PhD - C37
Frank Evangelista, MD - G3
John Ballantyne, PhD - B70 Center for Secure Information
Beth Israel Deaconess
State of Florida Systems
Medical Center
Susan M. Ballou, BS - B11
NIST/NIJ K
F
Edward G. Bartick, PhD - B16
FBI Mark F. Kalchik, BS - B66
Sandra C. Bishop, BS - K2 Alan Felthouse, MD - I14 California Methamphetamine Strategy
J. Edgar Hoover Foundation U.S. Department of Health Christopher M. Kamnik, MS - B85
Scientific Scholarship Todd W. Fenton, PhD - H1 OCME
Robert D. Blackledge, MS - B15 Michigan State University Flora Kan, MS - BS6
California Association of Criminalists Data Unlimited International, Inc.
Endorsement Fund G Debra Komar, PhD - H54
SSHRC
C Keith E. Gaines, MS - I3 Thomas Krompecher, MD, PhD - G20
DOD Polygraph Institute University of Lausanne Switzerland
Patrick S. Callery, PhD - K3 Michelle L. Gaines, MSFS - B36
West Virginia University North Louisiana Criminalistics L
Cassandra D. Calloway, MS - B3 Laboratory
NIJ Zeno Geradts, MSc - C34; C36 Steven B. Lee, PhD - B76
Robert J. Carruthers - W2 Ministry of Justice MiraiBio, Inc./InVitroGen
Nikon, USA Mark Leney, PhD - H50
James L. Caruso, MD - W7 H U.S. Army
The Divers Alert Network/ Barbara C. Levin, PhD - D19
Duke University Medical Center Ashley Hall, MS - B39 NIJ
R. Thomas Chamberlain, JD, PhD - D22 NIJ Barry S. Levine, PhD - K1
FAA Kristy G. Hopper, BS - B87 OCME, State of Maryland
Wei-Tun Chang, PhD - B55 Ohio University Research Linda A. Lewis, PhD - B29
National Science Council of Taiwan Challenge Grant FBI/DOE
J.G. Clement, PhD, BDS - F39 Harald Horni, BA- H30 Jennifer C. Love, PhD - H47
University of Melbourne Texas Tech University U.S. DOE
National Research Institute of Frank Horvath, PhD - D27 Ahai C. Lua - K15
Police Science Michigan State University Tzu Chi University
1
FFiinnaanncciiaall DDiisscclloossuurree
M Robert H. Powers, PhD - W20 T
Immunalysis Corporation
William A. MacCrehan, PhD - B46 Matthew W. Tocheri, BA- H41
NISTOffice of Law Enforcement National Science Foundation
Studies/NIJ Jeffery K. Tomberlin, PhD - G68
Don A. McDougall - W3 R DOD
NIST Wen-Ing Tsay, MS - B54
Richard McEvoy, Jr. - W29 Sulekha Rao-Coticone, PhD - B35 Taiwanese Government
Fuji-Film Applied Biosystems
Katarzyna Michaud, MD - G14 Robert K. Ressler, MS - W24
University of Lausanne Switzerland Simon & Schuster U
Heather Miller Coyle, PhD - B74 St. Martin's Press
NIJ/State funds Rebecca L. Reynolds, PhD - B78 Douglas H. Ubelaker, PhD - H49
Scott C. Milne, BS - B20 NIJ/Roche Molecular Systems FBI
Arizona DPS Walter F. Rowe, PhD - B28; B45 xk, Inc.
Chester E. Moore, II, PhD - H60 The George Washington University
USACILHI Christine M. Roy, MS - B24
V
Connecticut DPS Laboratory Funds
N
Arpad A. Vass, PhD - G64
Kasie Nam, BS - F21 U.S. DOE
S
Indiana University School of Dentistry Richard W. Vorder Bruegge, PhD - C29; D15
Lillian A. Nawrocki, MA, DDS - F12 FBI
Janelle D. Secl, MSFS - B51
Suffolk County Medical
NIST/NIJ
Examiners Office
Jeffrey W. Short, MS - C41 W
Adam Negrusz, PhD - K20
Exxon Valdez State/Federal Trustees
NIJ
Sudhir K. Sinha, PhD - W23 John B. Wallace, PhD - G67
P Applied Biosystems University Grants
ReliaGene Technologies, Inc. Jeffrey D. Wells, PhD - G22
Robert R. Paine, PhD - H18 David A.S. Smith, MSFS - B1 U.K. Welcome Trust/NIJ
Universita La Sapienza di Roma Miami Valley Regional Diana W. Williams, MSFS - B19
James T. Pokines, PhD - H51 Crime Laboratory NIJ
Oak Ridge Institute for Science and Helena Soomer, DDS - F23 Anita K.Y. Wonder, MA- W4
Education/USACIL Research Council of Norway Academic Press
Nai L. Poon, PhD - B59 Edward L. Stern, PhD - K9
The Government of Hong Kong State of Minnesota
Bonita Porter, MSc, MD - D7 John E.B. Stewart, PhD - B79 Z
The Province of Ontario, Ministry oft FBI
the Solicitor General, Office of the Istvan F. Szentmariay, MD - G26; G38 Xiaoming Zhao, PhD - B65
Chief Coroner Semmelweis University University of Central Florida
2
SSppeecciiaall SSeessssiioonnss
SS1 Multidisciplinary Symposium on the Heather A. Walsh-Haney, MA*, University of Florida, CAPound
Human Identification Lab., PO Box 112545, Gainesville, FL;
Uses of Forensic Science — Who’s What
Carol Henderson, JD*, Nova Southeastern University, Shepard Broad
and Who’s Who: Credentials and the
Law Center, 3305 College Avenue, Fort Lauderdale, FL; Charles H.
Things We Do Dold, JD, MBA*, , 13145 92nd Avenue, Northeast, Kirkland, WA;
Kenneth E. Melson, JD*, United States Attorney's Office, 2100
Jamieson Avenue, Alexandria, VA; Jason H. Byrd, PhD*, VA
Eric L. Kiesel, MD, PhD* and Randy L. Hanzlick, MD*, Fulton County
Commonwealth University, Department of Criminal Justice, PO Box
Medical Examiner's Center, 430 Pryor Street, SW, Atlanta, GA; Jane H.
842017, 816 W. Franklin Street, Richmond, VA
Bock, BA, MA, PhD*, 426 Spruce Lane, Louisville, CO; David O.
Norris, PhD*, Department of EPO Biology, University of Colorado, The Young Forensic Scientists Forum addresses the issues and con-
Campus Box 334, Boulder, CO; Carol Hunter, BS*, Forensic Analytical, cerns of individuals who are just beginning their involvement with the
419 Virginia Street, El Segundo, CA; Jennifer S. Mahalovich, MPh*, forensic sciences. This special session is developed to provide useful
Oakland Police Department, Criminalistics Section, 455 7th Street, information for anyone preparing for a successful career in forensic
Room 608, Oakland, CA; Scott D. Batterman, PhD*,, 1964 Cardinal science. Topics to be presented will include formal education programs,
Lake Drive, Cherry Hill, NJ; M. Lee Goff, PhD*, Forensic Science the importance of internships and field experience, how to approach the
Program, Chaminade University, 3140 Waialae Avenue, Honolulu, HI; job market, curriculum vitae and resume writing, and the role of certifi-
James M. Adcock, MPA*,, 2445 Park Avenue, #46, Bridgeport, CT; cation. Once again, a career in a specific discipline will be highlighted.
Carol Henderson, JD*, Shepard Broad Law Center, Nova Because forensic scientists have such a significant role in court pro-
Southeastern University, 3305 College Avenue, Ft. Lauderdale, FL; ceedings, the workshop will conclude with an afternoon session
Gary L. Bell, DDS*, 9730 3rd Avenue, NE, Suite 204, Seattle, WA; detailing the responsibilities of the expert witness and demonstrating
Joseph A. Prahlow, MD*, South Bend Medical Foundation, 530 North techniques for effective testimony.
Lafayette Boulevard, South Bend, IN; Kathleen J. Reichs, PhD*, The number of scientists interested in applying their specific expertise
University of North Carolina at Charlotte, Department of Sociology and to criminal investigation has rapidly increased. Consequently, rigorous
Anthropology, Charlotte, NC; Barry D. Rosenfeld, PhD*, Department of competition is now common for almost every training and employment
Psychology, Fordham University, Dealy Hall 319, Bronx, NY; Ted M. position in the forensic sciences. To be competitive, forensic scientists
Burkes, BS*, Federal Bureau of Investigations, 200 Bosun Cove, need not only the proper training, but also the ability to convey the impor-
Stafford, VA; Barry K. Logan, PhD*, Washington State Toxicology tance of scientific evidence to the jury in a concise, comprehensible, and
Laboratory, 2203 Airport Way South, Suite 360, Seattle, WA irrefutable manner. This workshop is designed for students as well as indi-
It is not uncommon for forensic "experts" to consult, to offer viduals in the early stages of their forensic science career. The daylong
opinions, or to provide testimony in court while lacking the credentials workshop consists primarily of presentations covering a wide range of
that are recognized by qualified professionals in the discipline. topics by experienced members of and emerging scientists in the field of
Erroneous or misinformed opinions can jeopardize investigations, forensic science. The objective of the session is to provide participants with
justice, personal liberty, and society's well being. This symposium will fundamental information and guidance about educational and career oppor-
feature qualified experts from the major forensic science disciplines who tunities, internships, professional involvement, certification, research,
will describe the typical work duties, limitations, and challenging issues AAFS presentations, and expert testimony. The discussion of the forensic
of each forensic specialty area. Information will also be provided about scientist's role as an expert witness will include landmark cases, admissi-
professional education, training, and certifications that are required, rec- bility of scientific evidence, weight of expert testimony, and legal and
ommended, or available in each discipline so users of potential experts ethical responsibilities. The role of the forensic scientist as an expert
may better evaluate the experts’qualifications. witness will be further demonstrated through a mock trial consisting of a
direct and cross-examination of the witness' testimony of a prepared case.
Expert Testimony, Credentials, Forensic Science
The session is divided into two distinct parts: "Expectations" in the
morning and "Realities" in the afternoon.
SS2 Young Forensic Scientists Forum -
Objectives of the morning session:
Establishing a Foundation for a
(cid:127) to explain the need for certification and how to obtain it
Successful Career in Forensic Science · (cid:127) to discuss the importance of professional involvement
(cid:127) to enable the audience to make informed decisions in the areas of
educational programs and internships
C. Ken Williams, MS*, Forensic Scientist, New Jersey State Police
(cid:127) to discuss the requirements for various employment opportunities
Department, South Regional Laboratory, 1101 S. Whitehorse Pike,
within the field
Hammonton, NJ; Claire E. Shepard, BS MS*, Crime Scene
Objectives of the afternoon session:
Investigator, Crime Scene Unit, Crime Scene Unit, 3630 Camp Circle,
(cid:127) to provide an atmosphere for active dialogue between the
Decatur, GA; Mary Fran Ernst, BLS*, Saint Louis University, Division
participants and presenters
of Forensic Pathology and Education, 6039 Helen Avenue, St. Louis,
(cid:127) to discuss research possibilities within the field
MO; Jay A. Siegel, PhD*, Michigan State University, School of
(cid:127) to explain the process for making a presentation within the Academy
Criminal Justice, 506 Baker Hall, East Lansing, MI; James M.
and applying for awards such as the Emerging Young Forensic
Adcock, MPA*, Professor of Criminal Justice, University of New
Scientist Award
Haven, 2445 Park Avenue #46, Bridgeport, CT; Patricia A.
(cid:127) to discuss the landmark cases in forensic science
Manzillilo, MSFS*, US Postal Inspection Service, 225 North
(cid:127) to instruct on evidence admissibility, demeanor, and qualifications
Humphries Boulevard, Memphis, TN; John V. Goodpaster, PhD*,
(cid:127) to demonstrate direct and cross-examination of the expert witness
National Institute of Standards and Technology, Analytical Chemistry
Division, 100 Bureau Drive, Stop 8392, Gaithersburg, MD; CareerOpportunities, Testimony, Certification
* Presenting Author 3
SS3 Forensic Scientific Investigations: efforts to make legitimate arrests. However, after further scrutiny and
investigation by other agencies, news media, and private attorneys, such
Police-Related Deaths (Pursuit,
justified efforts prove to be much less clear and incontrovertible.
Apprehension, Custody) and Racial/
Several jurisdictions have publicly conceded that their police have
Ethic Profiling—Is There a Correlation? engaged in racial or ethnic profiling, including tracking and stopping
motor vehicular drivers; setting up situations in which someone may be
The Role of the Forensic Scientist
enticed into selling or purchasing illicit drugs; and limiting observation of
potential shoplifters by private security guards (usually off-duty local
Cyril H. Wecht, MD*, Coroner County of Allegheny, 542 Fourth
police officers) in large retail stores to specific minority groups. In many
Avenue, Pittsburgh, PA; Michael M. Baden, MD*, Director Forensic
such situations the arrests that ensued resulted in violent confrontations
Science Unit, New York State Police, Building 22, State Campus,
with civilian deaths, usually by gunshot wounds and less frequently by
Albany, NY; Henry C. Lee, PhD*, Chief Emeritus, Division of
some kind of positional asphyxiation. A very interesting example of
Scientific Services, Dept. Public Safety, 278 Colony Street, Meriden,
alleged racial profiling involved the New Jersey State Police on the New
CT; Linda B. Kenney, JD*, The Galleria, 2 Bridge Avenue, Atrium
Jersey Turnpike near Trenton a few years ago. Five African-American
Building #5, 2nd Floor, Red Bank, NJ
young adult males were stopped for highly questionable reasons, and in
This session is intended to educate forensic scientists by specific case the resultant fray, three of them were shot. Reconstruction of the shooting
examples and personal experiences of the presenters as to how to deal with by one of the authors demonstrated that a key witness' version was physi-
complex and controversial police-related deaths. Increased sensitivity and cally impossible. (The lawsuits filed in this case were subsequently settled
knowledge of forensic pathologists, criminalists, toxicologists, psychia- by one of the authors for a total of $13 million.)
trists, engineers, law enforcement officers, and attorneys regarding such When a police-related death occurs, the proper and necessary inves-
deaths will enhance official governmental medical-legal investigation of tigative procedures should unquestionably include a meticulous autopsy
these cases and will help to improve relationships within the respective by an experienced forensic pathologist in the local coroner or medical
communities, especially with regard to minority groups. examiner's office. The postmortem examination should include a com-
Congressional and state legislation, U.S. Supreme Court decisions, plete toxicology screen, extensive photographs, X-rays, and the identifi-
and the emergence of dynamic civil rights movements beginning in the cation, collection, and preservation for appropriate testing of all physical
1960s and continuing to the present time have resulted in many dramatic evidence by competent criminalists. It is imperative that independent
changes in our society. One of the most fascinating and controversial forensic scientists, functioning in an autonomous governmental agency
sociopolitical upheavals has focused on the field of law enforcement, and that is not controlled or influenced in any way by law enforcement
more specifically, the manner in which police arrest people and how pris- agencies, conduct all such examinations.
oners are treated when in custody. Methods and procedures that were Optimally, open inquests should be undertaken in all police-related
accepted without question or formal legal challenge 35 years ago are com- deaths. Such a forum provides a unique opportunity to have all the facts
pletely unacceptable today to a great extent. and findings of the case presented under oath in a public forum. That is
The Rodney King case in Los Angeles; the Johnny Gammage case in the best way to minimize concerns and doubts within the community that
Pittsburgh; the Louima, Diallo, and Dorismund cases in New York City; the death is going to be "covered up" in order to protect the police
the Faison case in Newark —these are only some of the more publicized officer(s) involved. (Specific examples of such open inquests conducted
instances in which allegations of excessive force by police have been in police-related deaths by one of the authors will be presented.)
charged and pursued through both civil and criminal lawsuits. The Waco Attorneys must be aware of how forensic scientists can be utilized to
(Branch Davidian) and Ruby Ridge shoot-outs involving the FBI and the present the facts and valid objective conclusions in all of these contro-
ATF have demonstrated that not even the nation's most prestigious law versial cases in the courtroom.
enforcement agencies are immune from legal actions filed by the survivors
Police Related Deaths, Racial Profiling, Forensic Science
of people killed in what initially may appear to be completely justified
Investigations
4 * Presenting Author
BBrreeaakkffaasstt SSeemmiinnaarrss
BS1 The Life and Death of EdgarAllan Poe The findings of this research are also presented. These include the
discovery that certain aspects of attitudes, actions, and motivations rep-
resent depravity to defense attorneys and prosecutors alike, as well as to
Richard C. Froede, MD*, 3930 North Placita de la Escarpa, Tucson,
forensic mental health professionals.
AZ; David Roby*; Rhonda K. Roby, MPH*, Applied Biosystems,
Sample notorious cases are presented for their concordance with and
850 Lincoln Center Drive, MS 404-2, Foster City, CA
dissimilarity to these findings. Implications for the forensic scientists are
There are a number of theories concerning Edgar Allan Poe's life
discussed, from the role of the pathologist, to the psychiatric interview, to
and his unexplained death. This program will present the most recent
evidence gathering.
alleged theory as to the cause of this death. The presentation will also
Those who attend this session will learn of the areas of the specific
include an enjoyable recitation of his brilliant prose and poetry. Edgar
items that have achieved most consistent support for their being represen-
Allan Poe will come, he will entertain, and then, he will come "nev-
tative of depravity. Important variables that distinguished the response
ermore." It is hoped that at least one of the attendees present will be
patterns of over 2,000 participants are reviewed as well. In addition, the
able to see and hear Edgar Allan Poe!
problems, as well as the potential benefits, of presenting such data to the
EdgarAllen Poe, Unexplained Death, Cause of Death courts will be discussed.
The participant also will gain an understanding of the utility of
defining depravity to areas of the law such as personal injury, employment
law, and family law. The multidisciplinary efforts of forensic science in
BS2 What Does Depravity Mean to You? resolving these questions are presented for application to future casework.
Toward a Definition of Evil Depravity, Forensic Science, Forensic Psychiatry
Michael Welner, MD*, The Forensic Panel, 224 West 30th St. #806, New BS3 Let’s Go to the Videotape:
York, NY
Movies and the Law
At the conclusion of this program, the participant will be familiar
with the courts' historical awkwardness in determining "heinous, atro-
Linda B. Kenney, JD*, Civil Rights/Trial Attorney, Law Office of Linda
cious, and cruel" efforts to standardize the definition of depravity in the
B. Kenney, The Galleria 2 Bridge Ave., Atrium Bldg #5, 2nd floor, Red
courts and results of research to date.
Bank, NJ; Haskell M. Pitluck, JD, Illinois Supreme Court, none, Crystal
Higher court decisions, including rulings and writings of the U.S.
Lake, IL; James E. Starrs, LLM, Professor of Law and Forensic Science,
Supreme Court, reflect judges' awkwardness with terms regularly used in
The George Washington University, Washington, DC
court to essentially designate the wickedness of a crime. Criminal codes
It is the objective of this seminar to provide an overview of signif-
in many states contain provisions for aggravating factors for crimes that
icant movies that have teaching value to lawyers and expert witnesses in
the tier of fact may decide are, for example, heinous, atrocious, cruel,
order to demonstrate what constitutes a successful presentation of an
wanton, vile, or outrageous. As descriptive as these terms are, they have
expert in the courtroom. How can we forget My Cousin Vinny which
heretofore been arbitrarily defined. This has hampered juries, courts, and
demonstrated the value of "lay expert" witnesses? However, many other
even prosecutors in carrying out the responsibility to narrow the class of
movies have touched upon the value of forensics and the proper prepa-
death penalty-eligible defendants.
ration and presentation by lawyers and witnesses in the courtroom of
In this age of forensic science, so much useful information is
forensic-related issues. This video seminar will explore various movies
available to the court that reflects on the motivations of the actor before
ranging from Charlie Chan, who preceded Dr. Henry Lee as the first
and after the crime and on the actions of carrying out the crime. However,
Chinese Sherlock Holmes.
there is little pressure for utilizing pathology, crime scene analysis, and
In the early Charlie Chan movies, the famed Chinese detective dis-
psychiatry in helping to resolve the questions of "depravity." This has
cussed staged crime scenes, transfer of evidence, time of death, forensic
important implications, for the different terms of wickedness are often uti-
science, wrongful convictions and even performed a blood spatter demon-
lized in capital cases. The author reviews important higher court decisions
stration in Charlie Chan at the Racetrack(1936). Sherlock Holmes stated
in recent years that illustrate the inconsistencies and dilemmas in better
that he was "familiar with forty-two different impressions left by tires."
defining depravity.
How did these experts fare when it came time for examination in the
In an effort to better quantify evil so as to bring specificity and the
courtroom? The seminar also will include other movies such as Witness
rigor of the scientific method to these designations, the author has
for the Prosecution, where we learn about hearsay, bloodstains, and knife
developed The Depravity Scale. This device assesses the history of the
wounds from Charles Laughton, Tyrone Power, and Marlene Dietriech.
defendant's actions before, during, and after the offense and incorporates
Primal Fear, with Richard Gere, Edward Norton, and Frances
his mental state and feelings as reflected by available history and evidence.
McDormand, teaches us about psychologists, academicians, and disso-
The instrument therefore provides a measure to distinguish crimes quali-
ciative disorders. Presumed Innocent, with Harrison Ford and the late
tatively, independent of the background of the offender and other collateral
Raoul Julia, demonstrates what it takes to really examine a witness in the
issues that sometimes influence or bias juries. This talk reviews how case
courtroom. The participating attendees will learn from the actors what it
law shaped the development of The Depravity Scale and how research
really takes to be a successful courtroom presenter. That is, if breakfast
input has since modified it.
doesn't get in the way! As Sherlock Holmes stated, "The faculties become
Research studies over the past year have aimed to establish a con-
refined when you starve them. Why, surely, as a doctor, my dear Watson,
sensus of items that people and professionals, regardless of their orien-
you must admit that what your digestion gains in the way of blood supply
tation within the criminal justice system, may agree as representative of
is so much lost to the brain. I am a brain, Watson. The rest of me is a mere
depravity. The studies have gathered input from over 2,000 respondents,
appendix. Therefore, it is the brain I must consider."
and have controlled for a number of important variables that might affect
how different people appraise depravity. Witnesses, Preparation, Movies
* Presenting Author 5
BS4 Fingerprint Evidence and the mechanisms exposing the weaknesses and untested assumptions
embedded in some forensic practices. The paper will seek to offer a clearer
Nature of Forensic Science
articulation of what science is and how this conceptual framework might
be applied to the forensic sciences more broadly.
Simon A. Cole, PhD*, Cornell University, Department of Science &
Technology Studies, Ithaca, NY, USA Fingerprint, Daubert, Validation
This paper proposes that the discipline of Science & Technology
BS5 An Unexcited Criminal Leaves No
Studies (S&TS), an interdisciplinary field drawing on sociology, history,
politics, and philosophy of science and technology, can be of utility in Fingerprints: And Nine Other
helping courts and scientists understand and articulate what is meant by Fingerprint Canards
the term "scientific evidence." While "science" is notoriously difficult to
define, S&TS can help clarify the Supreme Court's guidelines for scien-
James E. Starrs, Professor*, The George Washington University, 720
tific and technical evidence explicated in the recent Daubertand Kumho
20th Street, NW, Washington, DC
decisions.
In the 1990s, the Supreme Court superseded the Frye"general accep- The objective of this seminar is to augment an awareness of the
tance" standard for scientific evidence with five Daubert/Kumho guide- fallacy of relying on unproven assumptions in fingerprinting or elsewhere
lines: testing, standards, peer review, error rate, and general acceptance. in the various disciplines of the forensic sciences in reaching conclusions
While Daubertwas widely viewed as a more liberal standard, for some upon which courtroom testimony is based.
fields it was actually more stringent. Forensic fingerprint identification, Fingerprinting, for more than 100 years, has been the standard-bearer
with a long history of general acceptance and a paucity of testing, was just leading the way into court for numerous other forensic methods, such as
such a field. Indeed, it now seems likely that Daubert, which was framed DNA profiling and infrared spectroscopy. What has been rarely recog-
in a civil, "toxic torts" case, may have a considerable - and probably unin- nized is that fingerprinting is rife with assumptions, which have verged on
tended - impact in criminal litigation as it is applied to forensic science. becoming myths. These assumptions have been such regularized hand-
This paper uses forensic fingerprint identification as a case study to me-downs that, until recently, no one has challenged them in a concerted,
illustrate the potential impact of Daubert/Kumho on forensic science. A organized and determined way.
great deal of controversy has been generated recently as defense attorneys Whether attributable to the new admissibility standards of the United
have used the Supreme Court's new standards for scientific and technical States Supreme Court's 1993 decision in Daubert vs. Merrell Dow
evidence to challenge one of the oldest and most revered forensic tech- Pharmaceuticals Inc., the December 2000 revisions of the Federal Rules
niques, latent fingerprint identification. Defense attorneys have filed more of Evidence or just a wake-up call to defense attorneys springing from the
than a dozen Daubertchallenges to forensic fingerprint identification. The much publicized criminal trial of O.J. Simpson, the venerable and ven-
National Institute of Justice (NIJ) issued an "Assessment of Status and erated status of fingerprinting is now under attack.
Needs" and a "Request for Proposals" calling for research into the validity The question posed in this seminar is whether there is any justification
and reliability of forensic fingerprint identification. These documents may for the current spate of pre-trial (motions ad limine) and trial assaults upon
or may not (depending on who you ask) have constituted an admission on the admissibility of fingerprint identifications and/or the weight to be
the NIJ's part that such validation did not yet exist. Afull-blown contro- accorded to such identifications. That question will be analyzed through
versy has emerged over whether fingerprint identification has a scientific the statement and explication of a number of common "theorems" which
basis and, if so, what that basis is. The controversy has begun to receive abound in the field of fingerprint identifications. What follows is a
attention in the national press and was featured prominently on the AAFS's selection and summary statement of a goodly (or badly?) number of such
website. so-called self-evident truths of fingerprinting:
For convenience, the contours of the controversy may be outlined
1. Fingerprint identifications are bottomed upon scientific
according to the Daubert/Kumhofactors themselves:
principles and methods.
(cid:127) Testing: Does a century of adversarial litigation count as testing?
2. A non-numeric basis for fingerprint identifications is not
Furthermore, what is the hypothesis to be tested? Is it, as finger print
unscientific.
examiners contend, that all friction ridge arrangements are
unique; or, is it, as critics insist, that fingerprint examiners can 3. Limiting fingerprint comparison's conclusions only to "idents" or
reliably match latent fingerprints with their source fingers? "non-idents" or "unsuitable" is not unscientific.
(cid:127) Standards: What is the standard for a forensic fingerprint match? Is 4. Selecting only ridge characteristics, which frequently appear on
it a certain number of matching ridge characteristics, as traditionally fingers, does not render fingerprint comparisons unscientific.
believed; or, is it, as is now being argued by many practitioners, the 5. Every latent fingerprint and every part of every latent print is
subjective judgment of the examiner? Is either of these a legitimate unique to one person and only one person.
standard? More peripherally, what are the standards of training,
6. For more than 100 years no fingerprints from two different
certification, and competence for fingerprint examiners?
persons have been shown to be identical, proving the uniqueness
(cid:127) Error rate: Has an error rate for forensic fingerprint identification of each person's fingerprints.
been calculated? If so, is it unacceptably high? If not, is fingerprint
7. The error rate in fingerprinting being nil, fingerprinting is
examiners' claim that the error rate is zero a scientific claim?
infallible.
(cid:127) Peer review/General acceptance: What is the appropriate peer
8. Latent fingerprints at a crime scene result from the perpetrator's
group to evaluate and scrutinize the claims of fingerprint exam-
being highly excited during the commission of the crime.
iners? Should it be restricted to fingerprint examiners themselves,
or should it be extended to forensic scientists more broadly, or even 9. The historic practice of comparing a full fingerprint to another
scientists in general? full fingerprint is a solid precedent for validating latent to rolled
(inked) fingerprint comparisons.
The seminar will discuss how fingerprint identification fares under all
of these criteria and contrast it with other forensic sciences. The paper con- 10. The accumulation of dust on a latent fingerprint can be a basis for
cludes that forensic fingerprint identification does not meet the determining the age of the latent fingerprint.
Daubert/Kumho criteria and that Daubert/Kumho can serve as useful Fingerprint, Daubert, ErrorRate
6 * Presenting Author
BS6 Method of Quality Assurance Using ratory data in a logical sequence. ECF allows for the storage and pro-
cessing of data information - who, where, when, how, and what was per-
Digital Network Architecture
formed on data addition or modification. This conception is realized in
both database design and the application business rules that are generally
Flora Kan, MS*, 362AChristopher Ave., Gaithersburg, MD
implemented in a graphical user interface. ECF data is the initial package
The objective of this seminar is to present how a computer digital of forensic DNAsamples, laboratory specimens, chain of custody, pro-
network architecture can monitor, trace, reproduce, prove, forecast labo- cessing methods, Standard Operating Procedure (SOP), processing results,
ratory process of Deoxyribonucleic Acid (DNA) samples for quality notes, reports, and peer reviews. SOPis a set of instructions with a text
assurance. The outcome enables the forensic community to validate and for laboratory scientists and directives and commands to issue to the com-
verify laboratory processes electronically and to increase the courtroom puter. Major characteristics of the ECF are the access rules, the rules of
admissibility of DNAscientific evidence. data classification, the rules of numerating ECF contents, the rules of the
The physical evidence, Deoxyribonucleic Acid (DNA), is a silent, content modification, and the rules of the data archiving/retrieving. ECF
definite witness. Heralded as the most powerful and discriminating archival and retrieval complete the life cycle of electronic records and
method of identifying the source of biological evidence available to the enable the reproduction of forensic DNA scientific evidence.
criminal justice system, forensic DNAtesting has evolved both in the tech- Furthermore, the method of quality assurance shall allow selecting and
nologies it uses and its principles and theories to promote the reliability generating the printed output of text, number, and images from the content
and courtroom admissibility. To ensure the courtroom admissibility, DNA of ECF for the courtroom testimony.
scientific evidence involves two general considerations: the acceptance of The method of quality assurance retains DNAscientific evidence to val-
the science itself, called scientific validity, and the proficiency of expert idate reliably and to perform repetitively and systematically the following
witness. Furthermore, DNAscientific evidence must include the analysis tasks:
fact, principles, theories and the underlying data. Scientific facts, prin- (cid:127) identify the issues;
ciples, and theories are presented and explained to the jury through expert (cid:127) provide relevant scientific information;
testimony. Expert witnesses testify according to the Rules of Civil (cid:127) identify the relevant facts for jury;
Procedure. Judges determine the scientific validity of scientific facts, (cid:127) provide opinions;
principles, and theories, and are the gatekeepers to eliminate expert wit- (cid:127) explain the basis of the opinions;
nesses whose work is not scientific, peer reviewed, published, tested, or (cid:127) identify disagreements with the opposing opinions; and,
subjected to normal scientific scrutiny. (cid:127) build credibility.
Expert witnesses should not only understand the science that they The advantages of the method of quality assurance are that they:
wish to present, but also be able to apply it to the facts of the case, under- (cid:127) document the research methods in testing the principle and
stand the needs and viewpoint of their audience, translate scientific facts methodology;
and opinions accurately from professional scientific terminology so that (cid:127) establish a standard for the quality assurance that validates the
the trier of fact will comprehend it, and recall the testimony at the time of scientific work;
the decision making. The underlying definition of the expert witness is (cid:127) define goals, objectives, rules and procedures involving testing and
provided in Sections 702 of the Federal Law of Evidence and in the cor- modeling;
responding definitions of the Law of Evidence in every State: (Revised) (cid:127) evaluate and determine the performance and outcome of the
Rule 702. Testimony by Experts (Revised August 8, 1998, by the National research methods, the standard, goals, objectives, rules, and
Commission on Uniform State Laws, and submitted to the Federal Judicial procedures;
Council) reads as follows: “If scientific, technical, or other specialized (cid:127) enable the scientific work to abide by regulation;
knowledge will assist the trier of fact to understand the evidence or to (cid:127) enable the repeatability of the scientific work; and,
determine a fact at issue, a witness qualified as an expert by knowledge, (cid:127) enable the design of the research methods, the standard, goals,
skill, experience, training, or education, may testify thereto in the form of objectives, rules and procedures to achieve the purposes of cost
an opinion or otherwise. When determining the reliability of a principle savings, risk management, safety, and quality.
or methodology, the court shall consider all relevant additional factors,
Expert Witness, Quality Assurance, Courtroom Admissibility
which may include testing, research methods, peer review, rate of error,
experience of expert and acceptance in the field.”
Thus, laboratory scientists must assure the quality of laboratory
BS7 Britain’s Most Prolific Serial Killer
casework and the expert witness must understand the forensic DNA
testing casework and its science. These cover sample management, chain
John D Rutherford, BSc*, Forensic Pathologist, Manchester, United
of custody, protocols, forms, laboratory casework, test results, quality
Kingdom, Ridgefield House, 14 John Dalton Street, Manchester, United
issues, data interpretation, proficiency of laboratory scientists, security,
Kingdom
privacy, review, reporting and archival. Additionally, DNAscientific evi-
dence shall be collected and preserved from contamination. Most impor- The objective of this seminar is to present the lessons learned from
tantly, it shall be preserved from the DNAof the known blood sample of the investigation of Britain's most notorious serial killer, Dr. Harold
the defendants taken from them while in custody. Errors having occurred Shipman, a trusted family physician, who murdered a large number of his
in a laboratory casework include, but are not limited to, incomplete chain patients over a period of many years. There have been major repercus-
of custody, wrong tests, scheduled procedure not performed, no testing sions on the British medical system of certification and continuing accred-
chronology, no details of supervisory oversight, no signature, wrong itation as well as on the Coronial "death handling" system.
samples used to test, samples contaminated or damaged, improperly On January 31, 2000, Dr. Harold Shipman, a primary care physician
stored/handled, samples lost, test failure and lost/erased casework docu- in Greater Manchester, United Kingdom, was convicted of the murder of
ments. Correctly, consistently, and repetitively validating and presenting fifteen of his patients. This heinous crime came to light after the discovery
DNAscientific evidence becomes difficult, time-consuming, and tedious. of a forged will and led to the exhumation of 12 of his alleged victims and
The degree of the courtroom admissibility of DNA scientific evidence a detailed police investigation of the circumstances surrounding these and
becomes arbitrary assessment among the forensic community. many other deaths. There were serious problems in carrying out the inves-
The method of quality assurance is based on the conception of tigation, the police having to tread a delicate path between gathering evi-
Electronic Case Folder (ECF) - the organization of forensic DNAlabo- dence, whilst Dr. Shipman was still practicing, of sufficient value for a
* Presenting Author 7
conviction and not arousing suspicion such that tracks could be covered. Serial killers will probably always be with us in one form or another.
The police were also aware that in his community Dr. Shipman was a Practicing physicians are in possession of powerful weapons to effect
trusted family physician; to raise alarm prior to the collection of con- murder and are in a strong position to cover their own tracks. This
vincing evidence may have created unjustifiable waves of panic amongst bestows upon them power and responsibility beyond that endowed upon
patients and their relatives. the average person in the street. This is a burden that nearly all respect and
About two years prior to this major investigation a suspicious clinical bear willingly, but it is one which, as illustrated by this case, is all too easy
colleague had asked the police to carry out a discreet investigation, but at to abuse. Trust, sadly, is no longer enough. State and strict accreditation
that time there was insufficient evidence to draw definite conclusions and board "policing" is regrettably becoming ever more necessary.
justify taking the matter any further.
Serial Killer, Forensic Toxicology, Family Physician
During the course of collection of evidence Dr. Shipman's personal
background was investigated, and it was found that he had suffered pro-
fessional difficulties many years previously when he had been treated for
BS8 Tom Krauss MemorialBite Mark
drug addiction whilst working in another part of the country. This was
unknown to his patients in his current practice. Breakfast—Dealing With the Media
Most of his victims had been cremated, but it was possible to exhume
in High Profile Bite Mark Case
12 of 20 interred bodies and in nine of these there was sufficiently strong
toxicological evidence to present a convincing prosecution case.
James L. Vance*, FBI Academy, LECU, Quantico, VA
Circumstantial evidence was sufficiently strong in a further six to permit
prosecution of those also. The trial took place in late 1999 at Preston At the conclusion of this presentation, the attendee should have a
Crown Court in the North West of England and resulted in jury convic- clear understanding of how to deal with the media in a high profile bite
tions in all 15 cases. Because the death penalty is not an option in the mark case and know how to interact and control the media.
United Kingdom, Dr. Shipman was sentenced to life imprisonment. There have been many high profile media events that have heightened
As a result of public demand, further investigations, subsequent to Dr. public awareness of the heretofore little publicized world of forensic sci-
Shipman's conviction, included those carried out by the Coroner locally as entists.
well as a public inquiry instigated by the government. The latter is still in As a result, forensic odontologists will be sought out by an ever more
progress and current indications are that the number of victims will aggressive news media for commentary on their work and its relevance,
probably exceed 400. particularly in high profile bite mark cases. While rarely an easy under-
The overall impact of such a scandal has caused serious repercussions taking, proactive media relations can pay big dividends, both in terms of
on the British medical accreditation system. Intense review of fitness to clarifying confusing issues and in highlighting the forensic odontologist's
practice codes, that is, monitoring of individual performance and statistical important, and often misunderstood work. Failure to deal with the media,
comparisons of death rates in similar practices, is in progress. Serious on the other hand, won't make them go away and usually makes a bad
review of the Coronial system is under way and the question is being story worse.
asked: would all this have occurred had a medical examiner system been For the field of forensic odontology in the 21st century, successful
in place? This review and reconstruction process will still be in evolution media relations are as much an imperative as any other responsibility
at the time of the 2002 Academy meeting and major changes are likely to odontologists have.
take years to implement.
Media, Forensic Odontologists, Interact
8 * Presenting Author