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 […]
Just because you could doesn’t mean you should: lawyer Ethics in the Forensic Science case
Quite honestly, I think that most criminal defense attorneys who handle cases are not substantively and truly competent to handle the case that they accept. That’s right over 50%. At first blush, I am sure that this assertion makes me seem like a pompous know-it-all and perhaps even a jerk, but that is not my […]
Loophole for Justice: Does a Combination of Prosecutorial Ignorance and Outsourcing of Forensic Services Matter?
One of the alarming trends I am seeing locally and even nationally is the employing of third party vendor laboratories to do forensic analysis. While I think it is a good idea to remove the forensic analysis from law enforcement per the NAS report recommendations, I fear that it is also done, in part, for […]
How maintaining scientific justice is like establishing and maintaining a path in the darkest jungle
One of my all time favorite books is Heart of Darkness written by Joseph Conrad. It is a short read but the combination of the first person narrative and the vivid imagery makes it unforgettable. The book is set in colonial times in Africa. The main character is a sailor by the name of Marlow. Marlow […]
Whose data is it? The Crime Laboratory or the People
One of the continuing sources of frustration to many criminal defense attorneys is that generally what we get in discovery is simply garbage conclusory reports of little value. What criminal defense attorneys look to do is to verify and validate these conclusions set to this conclusory report. In essence, we simply seek to do science. […]
Inappropriate & Unethical Relationship Revealed between Drug Prosecutor & Chemist Annie Dookhan
The investigation into the Massachusetts Crime Lab scandal involving Annie Dookhan has revealed that there was an inappropriate and unethical relationship between her and a prosecutor in the district attorneys office. It appears that for the last two to three years, prosecutor George Papachristos had direct personal communication with Dookhan who was the chemist on […]
This only makes sense in the bizzarro world of Texas DPS: No proof, but we prosecute!
One of the tenants of the criminal justice system is that everyone accused is presumed innocent. That means that everyone starts out in the courtroom with a not guilty. It remains a not guilty throughout the trial no matter how many witnesses come forward or what they say. It remains so even in the jury […]
The McShane Firm uses DNA to Free the Falsely Accused
It was a little past midnight on January 28. 2012. It was a “normal” night. A horrible crime was about to happen. A good police officer trying to do his duty to protect and serve the community of Harrisburg, Pennsylvania was about to be assaulted. He saw a car that was violating the law. He […]
More junk science debunked: Probation urinalysis testing and analysis by undertrained probation officers halted
As I have written many times, science should be reserved to true, credentialed scientists. The worst thing in the world is the veneer of science whereby some technique earns admissibility and presumed validity simply because it has been in the Courtroom repeatedly. We need to start challenging more of these sacred cows in the courtroom. […]
Christine Funk charges away questioning the underlying validity of the crime laboratory
Christine Funk is one of my role models. She helped me come up with the idea of the Forensic Science Geek of the Week. She is one of the folks who has taken me under her wing especially in the American Academy of Forensic Sciences. For a long time, she has been charging away and […]
Justice be done: Frederic Whitehurst leads the way
Our regular guest blogger here, Dr. Frederic Whitehurst, JD, PhD was featured for his courageous work in exposing invalid science with the FBI. He is a true American hero! Way to go Dr. Whtiehurst! Dr. Whitehurst will be presenting the Donald Gates case and his efforts at the American Chemical Society national meeting and the […]
The McShane Firm | DUI Lawyers
Pennsylvania DUI Blog