Another week, another forensic science scandal in Texas: HPD Everything, they say, is bigger in Texas. It seems as if Texas has a new forensic science reported scandal every single week. The question is why? Why Texas? I have a theory: it’s the lawyers. Over the last 4 or so years, Texas has been on […]
Problems in Bexar County Texas Too-Integrated Forensic Laboratories LLC
Another day, another headline. Sigh. According to the below email and also the newspaper article, sadly here’s another issue with an accredited laboratory and Quality Assurance. Here is another one: Lab errors place Bexar DWI cases under scrutiny By Eva Ruth Moravec May 22, 2014 | Updated: May 23, 2014 11:38am SAN ANTONIO — Hundreds […]
Another day, Another Breath Test Scandal
Another day, Another Breath Test Scandal When will we just face facts, Breath Testing America just does not work any more. It is not useful. It perhaps served a purpose back in the 1950s, but today with blood testing and Gas Chromatography, it no longer is needed. Today’s story comes out of Colorado. Again, the […]
Brady notice in DUID cases at DPS Austin in Texas
Every once and a while, I get an email or a report that claims that the sender has never seen an incorrect analytical chemistry result come out of an accredited crime laboratory. I’m going to start publishing them when I get them. So, attorneys please send them in to us. Here is a fairly recent […]
Why so Low? Rule 702 “Hurdle” and who is an expert
Why so Low? Rule 702 “Hurdle” and who is an expert If you stopped and asked anyone (other than a lawyer) what type of education, training and experience one would have to have in order to be qualified in court as an expert witness, you will get varying responses. Some will say PhD. Others will […]
The Ethics of CLE Agenda: A Jury Argument or a Science Argument
The Ethics of CLE Agenda: A Jury Argument or a Science Argument Isn’t the above so true? The concept also holds true when it comes of defense attorneys and their organizations putting on Continuing Legal Education (CLE) programs. It is a small part of the reason that I stopped speaking at lawyer CLE programs. Too […]
Is a Judge Frustrating Justice? A second update to the Burning Bed case: Has an Innocent Man Been Locked up for 35 Years for an Arson that Never Happened?
As a frequent reader will recall, we have blogged on an appointed Post Conviction Relief Act case involving James Hugney, Sr. The science clearly shows that he is innocent. You can read all of the details about the case here: The Burning Bed- Has an Innocent Man Been Locked up for 35 Years for an […]
Another week, another laboratory scandal: Santa Clara County Crime Lab (and it’s accredited by ASCLD/LAB)
Another week, another laboratory scandal: Santa Clara County Crime Lab (and it’s accredited by ASCLD/LAB) [Hat tip to The Charles Smith Blog] I have written time and again about how forensic science as it is currently practiced in the United States needs massive improvement. The repeated Quality Assurance system failures would never be tolerated in […]
AlcoPro doesn’t want breath test devices in the hands of a skeptical attorneys
AlcoPro, Inc. is a distributor of portable breath test devices commonly referred to as PBTs. Law enforcement officers in many states use these devices on the side of the road to help determine if someone is possibly under the influence of alcohol. One of the more popular PBTs that they sell is the Alco-Sensor FST manufactured by Intoximeters, Inc. The […]
Crime Scenes are Never Contaminated, Right?
I recently had a prosecutor in an arson case state out loud in court, “Your Honor, crime scenes are never ever contaminated by investigators. Not accidentally, and certainly not on purpose.” Where do you start with that sort of statement? Perhaps you start with Fred Zane, Joyce Gilchrist, and others. But most recently is this […]
“They are merely technicians”-the myth of Gas Chromatography analysis
“They are merely technicians”-the myth of Gas Chromatography analysis Language is important in science and in law. If you are a prosecutor, you would want to call those who preform the GC-FID analysis for EtOH “techs” because “techs” don’t think, they just do. It must be emphasized that the simple fact is these people are […]