On Wednesday, I attended the American Academy of Forensic Science “Special Session #1: Interdisciplinary Session: A National Forensic Sciences Enterprise and Transparency in Forensic Science: Legal and Practitioner Views on Our Path Forward.” Professor Kennth E Melson gave an update on the national efforts to establish what he terms as a sort of “forensic science […]
The Truth About Forensic Science Blog at the American Academy of Forensic Sciences Meeting
For the fourth year in a row, The Truth About Forensic Science blog is at the American Academy of Forensic Sciences annual meeting. Specifically, Justin J. McShane, JD, F-AIC is co-chairing Scientific Workshop #14 which is entitled “Melendez-Diaz, Bullcoming, and Williams: Scientific Evidence and the Right to Confrontation” which is being held in Washington […]
An Interview between Mike Nichols (MI) and Justin McShane on Evidentiary Breath Testing
The following is an interview that attorney and author Mike Nichols of Michigan had with Justin J. McShane. In this interview they discuss Evidentiary Breath Testing and the recent Pennsylvania litigation concerning the validity of these BrAC measurements. Justin Mcshane Interview from The McShane Firm on Vimeo.
You know what really grinds my gears? Tax money that unfairly excludes defense attorneys from forensic science education
I pay my taxes. A lot of them. I vote. So I have earned the right to complain. So I shall. Does anyone see what is wrong with the below…. This is tax payer funded education that is only open to prosecutors. And that is wrong! Shame on WVU! Shame on our government! Justice comes […]
A New ACS Course that Teaches Lawyers About Forensic Drug Analysis
In my last post, I questioned “What’s wrong with Forensic Science? Criminal Defense Attorneys That’s What’s Wrong.” We, the defense bar, need to become better educated in the science of forensic science. We have to get training not simply in what the police or police scientists are taught (how to be a button pusher), but […]
Pennsylvania State Police Agree to Halt Evidential Breath Testing in PA
Breaking News: According to the Legal Intelligencer article “Breath-Test Ruling Could Affect Thousands of DUI Cases,” in reaction to our firm’s successful litigation of Commonwealth v. Jason Schildt, and the Linear Dynamic Range Challenge, the Pennsylvania State Police have agreed to halt all evidentiary breath testing in Pennsylvania. According to reporter Zack Needles: In fact, the […]
Complete Ruling in Commonwealth v Schildt
COMMONWEALTH OF PENNSYLVANIA v. JASON RICHARD SCHILDT IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2191 CR 2010 OPINION “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” These famous words were first spoken by […]
Open Letter to the Department of Health about the Linear Dynamic Range Challenge
I sent the following letter to the Pennsylvania Department of Health right after Judge Lawrence F. Clark, Jr.’s ruling in the Linear Dynamic Range Challenge. So far, there has been no response, but it has also only been a couple of days. Let’s hope that they truly care about justice and science and the safety […]
Press related to the Linear Dynamic Range Challenge and the Initial Calibration Challenge
Yesterday (January 7, 2012) our office filed a motion that seeks to suppress all BrAC tests in pending cases in the state of Pennsylvania. This would cause all per se DUI cases to be dismissed in Pennsylvania regardless of the BrAC reported results. Here has been the press coverage on the successful Linear Dynamic Range […]
Thank you for being a reader
I wanted to take this opportunity to thank you for being a reader of this blog. It is a real passion of mine. I cannot express how wonderful it makes me feel to help promote legitimate science in the courtroom. As I do every year, here is my tally for travel: In 2012, I […]
Congratulations to the Innocence Project! 300 freed
From the Innocence Project: Today, Damon Thibodeaux, who has been on death row in Louisiana since October 1997, was exonerated of the murder and rape of his 14-year old step-cousin, Crystal Champagne, making him the 300th person to be exonerated by DNA evidence in the United States, and the 18th to have served time on […]
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