Seven little words have likely cause more convictions than anything else in all of criminal law combined: “Based upon my training, knowledge and experience.” Every day, in thousands of courtrooms all across the Untied States this phrase is uttered. It has come to be the sine qua non in all criminal prosecutions. Many times it […]
GERD and breath alcohol testing: NHTSA misunderstands the epiglottitis and other curious statments
GERD and breath alcohol testing The National Highway Traffic Safety Administration (NHTSA) recently published its newest taxpayer publication related to DUI prosecution entitled: Challenges and Defenses II. These publications have generally been a hoot to read. There is a discussion in that publication on what it terms “The Gastroesophageal reflux disease (GERD) defense.” In reality, […]
False Child Abuse Charge: Misinterpretation of Child Injuries
False Child Abuse Charge: Misinterpretation of Child Injuries Can you imagine of being accused of child abuse? As a father of a five year old, I cannot imagine being accused of a worse crime. I love my daughter. To think that anyone would think that I would be capable of hurting her is so incredibly […]
DNA post-conviction-DA objections
DNA post-conviction-DA objections It is unfortunate when we read about District Attorney’s offices that object to DNA testing in post-conviction cases. They often cite that the prisoner is untimely in his or her request and there is no statutory basis for it. They argue that the conviction has become final. It seems in so arguing […]
Hands-on DNA Training for Lawyers
Hands-on DNA Training for Lawyers On November 15-17, 2013, the defense bar got a big boost in its quest to promote justice. In over 23 hours of hands on training, twenty attorneys assembled at Boise State University to learn DNA analysis. The course itself was taught by Dr. Greg Hampikian, Laura Wendell and Mike Davis. […]
SFSTs are unproven assumptions– “on her most gymnastic day”
The change to the SFSTs Very recently the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA) published their new Standardized Field Sobriety Test (SFST) opus. Here is the link to the new 2013 Guide: http://www.tdcaa.com/sites/default/files/page/2013%20SFST%20Participant%20Manual.pdf In the new 2013 version of the SFST Guide (note the change in […]
How does a GC-MS machine know that there’s a drug in the blood or urine?
How does a GC-MS machine know that there’s a drug in the blood? The analyst has to teach it. Just like you teach a kid his or her colors, you have to teach this machine what are the drugs it should be looking for. How were you taught what color is what? You probably don’t […]
Constructive Memory Process Eyewitness memory is not all it is made up to be
Eyewitness memory is not all it is made up to be. While not technically empirical forensic science in nature (other than cognitive psychology), I was moved after watching this TED talk by Elizabeth Loftus to share this talk with you. Memory, according to her, is like a Wikipedia page, not a recorder. It can be […]
Kudos to Texas State Fire Marshal Chris Connealy
From Grits for Breakfast (which is a wonderful blog): Kudos to Texas State Fire Marshal Chris Connealy for doing the right thing. Pecos DA challenges state fire marshal review of junk science in arson cases A West Texas DA has sought an Attorney General’s opinion seeking to stop the State Fire Marshal from reviewing […]
I know methamphetamine by looking at it: false arrest for drugs
Here is a curious article that shows shockingly what is typical in America. It is atypical that it got reported: ‘My client is not Walter White’: Man arrested for possessing crystal meth that turned out to be Jolly Rancher candy sues police A police officer who claimed to be an expert in detecting meth detained […]
GC-MS false positives
GC-MS false positives happen in drug testing As we blogged before, both in Stereoselectivity matters in methamphetamine: The Science of Breaking Bad cook makes both D and L forms of meth and in GC-MS is not perfect: The case study of methamphetamine there is a large issue in the ability of the Gas Chromatography with Mass […]
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