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LITIGATED CASES |
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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. |
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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.
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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.
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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.
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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. |
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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. |
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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. |
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RESOLVED WITHOUT
TESTIMONY |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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November
13, 2009
-
On
behalf of Defendant
re: Com. v.
Morales.
Def. Atty: Nora T.
Driscoll, Worcester,
MA.
Fingerprint
evidence evaluation. |
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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. |
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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. |
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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
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