Ok.  Who can beat this man, seriously?  Ron Moore is crazy smart and crazy fast on the send button.  But, he still can’t get our unanswered Week 9:  Unclaimed honor.

The Forensic Science Geek of the Week

This week’s “www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week” honors goes to:

RON MOORE, B.S., J.D.

RON MOORE, www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week!
Congratulations to our winner!  All hail the www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week!!!

About our winner:

Mr. Moore received a BS in Biology from U.C. Riverside in 1988, a JD from Western State University College of Law in 2003, and  an AS in Culinary Arts from Saddleback College in 2009.

Ron worked as a Forensic Scientist at the Orange County Sheriff-Coroner Forensic Science Services Laboratory from 1989 to 2007. During his tenure at the OC Crime Lab, he worked in Toxicology, Blood and Breath Alcohol, Drug Analysis, Firearm and Toolmark Examination, and Crime Scene Investigation. He completed his time at the lab with18 months supervising the Blood and Breath Alcohol sections. He is very familiar with the Intoxilyzer 5000, Datamaster, and Alco-Sensor IV breath testing instruments used during the years he was with the lab.  Mr. Moore testified for both the prosecution and defense in over 450 DUI cases, and in many major crime cases.  He assisted in the investigation of approximately 50 homicides and 25 officer involved shootings, attending and collecting evidence at over 100 autopsies.

Mr. Moore left the OC Crime Lab to become the in-house forensic scientist and attorney in the Law Office of Barry T. Simons.  Ron’s duties included case review and discovery planning, legal and scientific research, calendar appearances, DMV administrative hearings, web site development and video production.

Ron left the firm in 2010 to move closer to his family and to open his own practice as an independent forensic toxicologist, assisting attorneys with case review and consultation, expert witness appearances, and training.

RON MOORE is Week 12’s www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week!

Congratulations to our winner! All hail the www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week!!!

See the challenge question that our winner correctly answered.

Our winner answered the question correctly.  Please visit the www.TheTruthAboutForensicScience.com FaceBook fan page.
Our Geek of the Week answered:

Ron Moore, BS, JD answered:

This is Fred Zain. “He was employed as a trooper in the West Virginia crime lab based on a false resume. He claimed to have a chemistry degree from what is now known as West Virginia State University, when in fact he had an English degree and had received a “D” grade in the only two science courses he had taken” wikipedia. He gave false testimony in many cases in west Virginia and Bexar county, Texas.

Blogger’s note just to amplify not to correct:  You can read the whole disgraceful tale of Fred Zain in the published investigation by the WV Supreme Court Investigation of Fred Zain

Some of the more notable language includes:

The ASCLD report and the deposition testimony of fellow officers in the Serology Division during Trooper Zain’s tenure support the multiple findings of fact by Judge Holliday regarding Trooper Zain’s long history of falsifying evidence in criminal prosecutions. Specifically, the report states:

“The acts of misconduct on the part of Zain included (1) overstating the strength of results; (2) overstating the frequency of genetic matches on individual pieces of evidence; (3) misreporting the frequency of genetic matches on multiple pieces of evidence; (4) reporting that multiple items had been tested, when only a single item had been tested; (5) reporting inconclusive results as conclusive; (6) repeatedly altering laboratory records; (7) grouping results to create the erroneous impression that genetic markers had been obtained from all samples tested; (8) failing to report conflicting results; (9) failing to conduct or to report conducting additional testing to resolve conflicting results; (10) implying a match with a suspect when testing supported only a match with the victim; and (11) reporting scientifically impossible or improbable results.” (Footnote omitted).

The report by Judge Holliday further notes that the ASCLD team concluded that these irregularities were “`the result of systematic practice rather than an occasional inadvertent error'” and discusses specific cases that were prosecuted in which Serology Division records indicate that scientifically inaccurate, invalid, or false testimony or reports were given by Trooper Zain.

In addition to investigating what occurred during Trooper Zain’s tenure in the Serology Division, Judge Holliday also explored how these irregularities could have happened. The report notes that many of Trooper Zain’s former supervisors and subordinates regarded him as “pro-prosecution.” The report further states: “It appears that Zain was quite skillful in using his experience and position of authority to deflect criticism of his work by subordinates.” Although admittedly beyond the scope of the investigation, the report by Judge Holliday notes that there was evidence that Trooper Zain’s supervisors may have ignored or concealed complaints of his misconduct. Finally, the report discusses ASCLD criticisms of certain operating procedures during Trooper Zain’s tenure, which the report concludes “undoubtedly contributed to an environment within which Zain’s misconduct escaped detection.” According to the report, these procedural deficiencies included:

“(1) no written documentation of testing methodology; (2) no written quality assurance program; (3) no written internal or external auditing procedures; (4) no routine proficiency testing of laboratory technicians; (5) no technical review of work product; (6) no written documentation of instrument maintenance and calibration; (7) no written testing procedures manual; (8) failure to follow generally-accepted scientific testing standards with respect to certain tests; (9) inadequate record-keeping; and (10) failure to conduct collateral testing.”

Judge Holliday’s report correctly concludes that Trooper Zain’s pattern and practice of misconduct completely undermined the validity and reliability of any forensic work he performed or reported, and thus constitutes newly discovered evidence.

The Hall of Fame for the www.TheTruthAboutForensicScience.com Forensic Science Geek of the Week:
Week 1:  Chuck Ramsay, Esquire

Week 2:  Rick McIndoe, PhD

Week 3:  Christine Funk, Esquire

Week 4:  Stephen Daniels

Week 5:  Stephen Daniels

Week 6:  Richard Middlebrook, Esquire

Week 7:  Christine Funk, Esquire

Week 8:  Ron Moore, B.S., J.D.

Week 9:  Unclaimed, check it out and claim the honor

Week 10:  Kelly Case, Esquire and Michael Dye, Esquire

Week 11:  Brian Manchester, Esquire

Week 12: Ron Moore, B.S., J.D.

Week 13: Ron Moore, B.S., J.D.

Next week’s challenge will be posted on Sunday morning at 11 am EST.  I AM LOOKING FOR SUGGESTIONS please email me at justin@TheMcShaneFirm.com