Home Handwriting Fingerprinting EPA Exhibits Contact  
 
 

Certificates

 
 
 
 

 

LITIGATED CASES

June 29, 2005 - On behalf of the Defendant re: United States v. Anthony Howell.  Def. Atty: Edward Genson, Chicago, IL, U. S. District Court of Northern Illinois. Issue: Misidentified fingerprint.

March 29, 2006 - On behalf of the Defendant Jury Trial re: People v. Kayson Pearson. Def. Atty: John Stella, NYC. Kings County Superior Court, jury trial, Brooklyn, NY. J., Albert Tomei. Issue: Misidentified fingerprint.

November 21, 2006 - On behalf of the Defendant Jury Trial re: Com. v. Jesus Gonzalez. Defense Attorney, Sarah E. Schooley, Northampton, MA. Hadley District Court. jury trial. J., Richard Goggins. Issue: Misidentified fingerprint.

November 30, 2006 - On behalf of the Defendant re: Com. v.  Richard Cruz.  Def. Atty: Desmond Fitzgerald, Boston, MA. J., Richard Welch, Essex Superior Court, Lawrence, MA. Issue: Falsified fingerprint identification.

April 28, 2009 - On behalf of the Defendant re: Com. v. Jason Flores.  Defense Attorneys: George P. J. Van Duinwyk & Joseph DeRosa, Fall River, MA. J., Kathryn E. Hand, Wareham District Court, Wareham, MA. Issue: Daubert hearing; Defense Expert Qualifications.

September 22 & 23, 2009 -  On behalf of the Defendant re: Com. v. Jason Flores.  Defense Atty: George P. J. Van Duinwyk & Joseph DeRosa, Fall River, MA. J., Kathryn  Hand, District Court Jury Trial, Wareham, MA. Issue: Fingerprint evidence evaluation.
November 9,  2009 -  On behalf of the Defendant re: Com. v. Julio Valentin.  Defense Atty: J. Thomas Kerner, Boston, MA. J., Regina Quinlan, Suffolk Sup. Court, Jury Trial, Boston, MA. Issue: Daubert-Lanigan hearing - Qualified as Fingerprint expert.

RESOLVED WITHOUT TESTIMONY

June 5, 2005 - On behalf of Defendant re: Com. v. Charles Odware. Def. Atty: Dan Solomon, Boston, MA. Suffolk Superior Court. Issue: Fingerprint evidence evaluation.

October 5, 2005 - On behalf of Defendant re: Com. v. Afries J. Rodrigues. Def. Atty: Harrison Barrow, Chatham, MA. Orleans Dist. Court. Issue: Fingerprint evidence evaluation.

Fall 2006 - On behalf of Defendant re: Com. v. Brad J. Santos, Def. Atty:  C. Samuel Sutter, Fall River, MA. Bristol County Superior Court. Issue: Fingerprint evidence evaluation.

May 2008 - On behalf of Defendant re: Com. v. Kevin Moquin. Def Atty Stacy Slausson, Duxbury, MA. Plymouth District Court, Wareham MA. Issue: Fingerprint evidence evaluation.

March 9, 2009 - On behalf of Defendant re: Com. v. Siereveld. CPCS Staff Atty: Jane Peachy. Brockton, MA. Plymouth County Sup. Court, Brockton, MA. Issue: Fingerprint evidence evaluation.
June 2009 - On behalf of Defendant re: United States v. Oscar Machicote. Def. Atty: John G. Swomley, Boston, MA. U.S. District Court, Boston MA. Issue: Fingerprint evidence evaluation.
October 15, 2009 - On behalf of Defendant re" Com. v. Matthew Buhour-Gonsalves. Def. Atty: Peter A. Dansereau, Duxbury, MA. District Court, Plymouth MA. Fingerprint evidence evaluation.
November 13, 2009 - On behalf of Defendant re: Com. v. Morales. Def. Atty: Nora T. Driscoll, Worcester, MA. Fingerprint evidence evaluation.
February 3, 2010  -  On behalf of the Defendant re: Com. v. Hector Montalvo.  Defense Atty: J. Damian n. Riddle, Lunenburg, MA. Worcester District Court Jury Trial. Issue: Fingerprint evidence evaluation.

April 13,  2010  -  On behalf of the Defendant re: Com. v. Joseph Caldwell.  Defense Attorney: Tonomey Coleman, Boston, MA. Suffolk Superior Court Jury Trial. Issue: Fingerprint evidence evaluation.

 

Interpreting Crime Scene Fingerprint Evidence

      A woman convict was charged with participating in an attempted jailbreak; an allegation based solely upon the discovery of a single fingerprint (her right, ring finger). The latent print was situated about three or four inches from the top of the bottom portion of a double-hung window in a second floor bathroom of the women's quarters of the County Jail in Barnstable, Massachusetts.
     The key to the crime scene and the defense case was the location of that one fingerprint and its orientation on the window pane. The crime scene photograph showed that it was positioned horizontal, parallel to the floor on the window glass making it obvious that it was not deposited there as a result of an attempt to raise the window.
      Clearly in order to attempt an escape the bottom portion of that window had to be opened first. There was no information that suggested the police thought anyone else had attempted to open it. Nor was there any information, or evidence, that anyone else had touched that window on that occasion. When I examined and interpreted the crime scene photos, I considered that such a window is most commonly opened by using either the heels of the palms, or all four fingers and the thumbs of both hands to exert upward force. In this instance there were no palm prints, no thumb prints, no multiple prints. There was only that one, isolated, partial, fingerprint on the window and it was parallel to the floor, parallel to the floor!
     Interpreting this crime scene was not at all complex, in fact as one fictional detective of old England would have said, it was "elementary". One could only speculate as to why that fingerprint came to be there, however, as I said before, had any print actually been deposited onto that window pane during an attempt to open the window, it would have to have been positioned differently. It's worth repeating because it is critical, the defendant's fingerprint was parallel to the floor
; not a position indicative of an upward leveraging action.
      A primary consideration in viewing this particular crime scene and examining the evidence should have been to learn and understand why, and how, the print got there.

      To the credit of former Assistant District Attorney Richard Piazza, once he was presented with my interpretation of the crime scene evidence, he recognized that the District Attorney's own investigator (a state police detective lieutenant) had misread that "evidence" and dismissed the case. Defense Attorney: Elizabeth Kliber, Hyannis, MA.

Misidentification

      In 2002, at Chicago, Illinois, a man was arrested and charged with selling cocaine to an undercover agent. The seized cocaine had been packaged in "brick" form, wrapped in a common, plastic, trash bag and purportedly handled by the defendant. One aspect of the government's case was based primarily on a single, latent, fingerprint. Just days before the trial, Defense Attorney, Edward M. Genson, brought me in to resolve the fingerprint issue.
     The FBI, ergo, the government alleged that the fingerprint they had developed was that of  the defendant's left, middle, finger (F8). When I was shown into Attorney Genson's office, I observed a duplicate of the government's proposed (2' x 3')fingerprint chart evidence on top of some files on the floor. I could see from a point about six feet from the chart, a glaring disparity between the Inked fingerprint chart and the Latent fingerprint chart. On the Inked chart there were two, in-line, ridge endings, situated at the two o'clock position, three ridges out from Chart Point #8.
Those ridge endings were not on the  Latent fingerprint chart.
      On June 29, 2005, AUSA Pope withdrew the fingerprint evidence.
                  

The Acceptable Error Rate is ZERO

        If you are a Latent Print Examiner, you know the above statement to be true.  If you are an attorney, police administrator or other non-expert, this may sound unrealistically strict.  Scientists generally concur that a reliability of 95% constitutes scientific certainty. 
     
In many areas of science and many professions, such reliability serves society well.  For example, the acceptable error rate for Chicken Sexers (persons who examine the backsides of one-day-old chicks to sort males from females) is between 2.3 and 5 percent when examining 700 to 800 chicks per hour.
       
A latent fingerprint or palm print "identification" is the determination that two corresponding areas of friction skin impressions originated from the same person to the exclusion of all others.  This absolute identification decision can carry great weight in police decisions about investigations, and court decisions about guilt or innocence.  Latent Print Examiner errors involving evaluation (whether marks are of value or not) and elimination (marks were not made by a person) are serious, but do not normally carry the same potential for harm as erroneous identifications.  An example of the degree of importance afforded identification decisions can be seen in scoring procedures for friction ridge impression comparison tests.  Universally, even if an exam has hundreds of latent prints and thousands of record (inked) prints, some mistakes involving evaluation or elimination are expected, but a single erroneous identification is automatic failure.  The acceptable finger or palm print identification error rate is zero. (Emphasis Added.)
        Because in any field of human endeavor there will always be errors, quality control and quality assurance standards are necessary to protect society.  Standards for initial "training to competency," case by case quality control, and long term quality assurance including life cycle training and periodic proficiency testing are essential.  Periodic proficiency testing can reveal bad habits developed since initial training to competency.  It may also reveal deteriorating eyesight or other human deficiencies impacting casework.
 
        One set of standards is set forth in the Quality Assurance Guidelines of the Scientific Working Group on Friction Ridge Analysis, Study and Technology (
SWGFAST
).
        Upon detecting erroneous identification decisions (not just clerical errors and not just failing to find a "match")
most agencies immediately suspend the examiner from further casework activity.  Remedies to ensure a zero error rate include the following: Return of the examiners to friction ridge identification duties only after retraining and evaluation indicate the experts can operate at zero identification error rate; 
 Permanent transfer to other duties; Employment termination. (Emphasis Added.)

          SOURCE: http://onin.com-fp-problemidents.html#Zero_tolerance_explanation

 

 

 
   
   

 

 
 
Design by  Think10

Last Update
October 2008

Hit Counter