U.S. JUDGE CHALLENGES FORENSIC EVIDENCE

From the Boston Globe

In an unprecedented move, U.S. District Court Judge Nancy Gertner has called forensic evidence into question, urging defense lawyers to vigorously challenge fingerprints, bullet identification, handwriting, and other trace evidence, and prosecutors to prepare to prove their validity.

Citing the NAS report questioning some forensic practices, Gertner wrote that the validity of forensic evidence should not be presumed just because it has been admitted without question for decades. She argued that defense attorneys should contest this evidence at pretrial hearings or explain why they do not to ensure that forensic evidence doesn’t go before a jury unless it meets sounds scientific principles.

Defense lawyers and advocates for the wrongly accused—including Peter Neufeld, a cofounder of the New York-based Innocence Project—welcomed Gertner’s stance, attributing flawed forensic analysis in a vast number of wrongful convictions for which DNA testing achieved exonerations.

DETROIT FUNDS FORENSIC CASE REVIEW

From the Detroit News

The Detroit City Council signed off on financing for the Forensic Evidence Review Unit—a special unit of Wayne County prosecutors that is looking into cases involving the shuttered police crime lab. The funding retroactively approves the unit that has been reviewing the lab since it closed in 2008.

The team is reviewing cases dating from 2006 and reports an error rate of about 10%. The lab was closed due to evidence of mishandled firearms cases, but thousands of untested rape kits have since been discovered as well.

LAB TECH SHOT DURING BALLISTICS TEST

From the Journal & Courier

A firearms technician at the Indianapolis-Marion County Forensic Services Agency in Indiana was injured during ballistics testing in the police crime lab when a bullet ricocheted and grazed his head.

Members of the crime lab performed first aid on Douglas Boxler, the technician who fired the gun, until medics arrived to transport him to the hospital. Boxler is expected to make a full recovery.

IAI CERTIFICATION UPDATES

From Joe Polski, IAI CEO:

The board of directors recently enacted several changes of importance to all certification programs. Some are due to FSAB requirements and others to changes in policy.
In the February 2010 Monthly Update I noted that anyone who is grandfathered into any IAI certification program would, upon renewal, be required to take the test now in place for his or her level of certification. That is not the same as the proficiency test now required by some certification programs but the test taken by any current new applicant to the program.
Another administrative change that will affect all certification programs is the elimination of the one year grace period to renew certifications after the expiration date of certification. This provision has been in place for many years but has now been eliminated. In order to provide due notice to those whose certifications may have lapsed but assume the one-year grace period is in effect, elimination of the grace period will not take effect until September 1, 2010. After that time, the following provision will apply:

At the expiration of certification in any IAI program, there will be a 90 day grace period during which certification may be renewed but an additional fee of $50 will be assessed. At the expiration of that 90 day period, anyone who wishes to recertify will need to take the test then in place for any new applicant. In addition, the board asked that recertification notices be sent one year in advance to give applicants ample time to compile the required materials for recertification.
A notice to this effect has been placed on the certification section of the IAI’s website and the respective website sections of each certification program.

Note also that the Certification Board Policy Manual has been updated and posted on the certification page of the website.

CALL FOR NOMINATIONS

FROM the IACP:

Several years ago, the Forensic Committee of the IACP created the above award. Sponsored by Target Blue (a law enforcement cooperative sector of Target Corporation) and Bode Technology, part of Global Options Group, the award is presented in six categories of forensic science:

• Current or Past Contributions to Forensic Science by a Police Agency
• Current or Past Contribution to Forensic Science by an Individual
• Current or Past Collaboration between a Police Agency and a Forensic Science Provider
• Innovation in Forensic Technology
• Significant Investigative Value in a Major Crime
• Enhancement of Forensic Capability by a Forensic Science Provider

The winners of these awards will be flown to Orlando next fall to attend the award ceremony during the annual IACP Meeting. Each winner will be presented with a large, cast metal medallion of August Vollmer, often referred to as the “Father of American Policing” and a pioneer in utilizing forensic technologies for police purposes.
We all know someone or some agency that has done outstanding work in one of the above categories. Please take a few minutes from your busy day to nominate an individual or agency whose accomplishments are worthy of consideration in one of the above categories.

Submissions will be accepted through April 16, 2010. Click the IACP link for details.

Persons with news of interest should submit them by e-mail to webmaster (at) moia.org or via fax at (267) 347-8923.

1999-2009

Our web site, www.moia.org, celebrated ten years of continuous operations.

This Newsletter is an official publication of the Michigan-Ontario Identification Association (Division of the IAI).

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