Showing posts with label murders. Show all posts
Showing posts with label murders. Show all posts

Tuesday, May 12, 2015

Some Plain Speaking About Forensic DNA and Our Longing for Perfection

People who want the best of all possible criminal justice systems have goals for forensic science. We may understand that they aren't always achievable, but we long for them all the same, and some of us actively work toward them.

We want to feel assured that we are convicting the right person, the one who did it.  

We want the innocent to be freed and exonerated (which are not the same thing). 

We want to correctly identify the deceased, to find some measure of justice for victims, and to prevent those who harmed them from harming others. 

Because we never want to be mistaken in these essentials of justice, we want to believe that our methods of evidence examination are going to deliver the truth. If we have doubts here and there, most of us feel sure that modern science has found at least one method that is perfect: DNA. 

DNA is lauded in this way, and it is not uncommon to hear it spoken of as the "gold standard." I cringe every time I hear that. 

DNA evidence has much to recommend it over many other types of evidence, but it isn't always useful. For example, although most of us want to believe strangers are more dangerous to us than our loved ones, studies have shown that most murder victims knew their killer. This isn't a matter of Homicide Begins at Home barely edging out the Danger From a Stranger competition -- 

From 1993 to 2008, among homicides reported to the FBI for which the victim-offender relationship was known, between 21% and 27% of homicides were committed by strangers and between 73% and 79% were committed by offenders known to the victims.


What does that have to do with DNA? We all leave our DNA (and microbes, and more) in the places where we live. For example, a husband's DNA will be present in the home where he murdered his wife. It would be really odd if his DNA wasn't present. Finding his DNA in the home, on the victim, even on the weapon -- especially if it is an object that has been in the home for a while --  does not prove him guilty of anything but living at his own address, touching his wife, and handling objects that belong to him. Not evidence of a crime.

And despite what you've seen in a television drama, in the unlikely event a complete stranger shoots you, the odds of crime scene investigators finding useful amounts of DNA on anything but a bloody shell casing at the scene (and that the blood is the shooter's, not yours) are not great.

DNA is also (at present, anyway) a relatively expensive form of testing

Ignoring the economics of the criminal justice system is not an option. IMHO we make a tremendous number of utterly asinine, penny wise and pound foolish choices about forensic science budgeting — paying the extremely high costs of continued violence, lengthier and more labor-intensive investigations, wrongful convictions, suffering of victims and families, property damage, public health problems, and other safety issues because we won't properly staff and equip labs, let alone spend much to research forensic science or educate our police, courtroom personnel, and public health workers — but alas, no one has put me in charge of all of that yet. Sadly, there is no line item in a county budget called "all the longterm expense and human misery your dumbass decisions cause" to show how wrongheaded a lab budget cut can be.

Still, costs and limits of applications aside, the forensic use of DNA continues to amaze us, and for good reason. It's a fantastic tool. It has helped us solved cold cases, freed the innocent, helped families learn the fates of missing loved ones, identified kings buried under car parks and given us a feeling of certainty in convictions. 

It is that last that becomes problematic, because we should never forget that human beings work at crime scenes and in laboratories. And human beings make mistakes.

Over the years, as certain vulnerabilities became apparent, forensic scientists have worked hard to institute controls for quality, to ensure that mistakes were prevented or caught, not just in DNA testing, but in other areas of forensic science as well.  But pressures from police and prosecutors, politics within the criminal justice system, budget cutbacks that do not provide the needed level of quality assurance, and other problems can counter those efforts.

If you'll be at the California Crime Writers Conference next month, I'll be talking about this issue and other matters in my forensic science track session, "The Forensic 25." I hope to see you there (Don Johnson and Beatrice Yorker are also be on the conference faculty.)

But if you can't wait or can't make it there, here are a few stories and website links to help you learn more about the ways DNA can go wrong -- or at least, how the humans who work with it go wrong. This isn't, I'm sorry to say, a complete list:








So, as in all human endeavors, striving for perfection in forensic science is admirable -- after all, the consequences have to do with lives and liberty -- provided we remember that humans aren't perfect, and that we remind our city, county, state, and federal legislators that   we must provide what is needed to both remedy and safeguard against errors.





Wednesday, October 29, 2014

Coroners and Medical Examiners Keep You Alive: Five Things You Should Know About Death Investigation in the U.S.


"So You Wanna Be A Coroner? Almost Anybody Can!"

That's the title of a humorous -- and informative -- YouTube video by commentator and comedian Eunice Elliot, who is part of the team at WTVM in Birmingham, Alabama.  Her video was inspired by a brief article I wish I could put into the hands of everyone in the U.S. who can read: Leada Gore's "Does it matter if the coroner is a Republican or a Democrat?" at al.com

I have been talking about problems with death investigation for years, mostly over at the Crime Lab Project website -- http://www.crimelabproject.com, and I'm not the first (for example, a 1928 National Academy of Sciences report said we should get rid of the coroner system). I'm far from the only one who is concerned.
Here are five things I wish people knew about this subject:

1) In most states, coroners do not need medical training, legal training, or forensic science training. A large number of jurisdictions require no training of any kind.
See http://www.npr.org/2011/02/02/133403760/coroners-dont-need-degrees-to-determine-death
http://www.npr.org/2011/02/03/131242432/graphics-how-is-death-investigated-in-your-state
There is no consistency whatsoever.  In many places, it's a political plum handed out by appointment, in others, an elected position with no other requirements than "18 years of age, resident of the state, registered to vote."
In Indiana, if a veterinarian takes the job of coroner, the Office of the Attorney General has ruled that "A licensed veterinarian is a 'physician' within the meaning of the statute and is entitled to one and one-half times the base salary for a county coroner." http://www.in.gov/ctb/files/section101.pdf

2) Not all medical examiners are doctors, and many medical examiners who are doctors are not trained forensic pathologists.
In Wisconsin, a medical examiner is appointed, a coroner elected. That's the only difference between the two, although some counties have greater restrictions: http://www.waukeshacounty.gov/defaultwc.aspx?id=37208
In many states, there is no requirement of forensic pathology training. Gynecologists, dentists, general practitioners, and others have served as medical examiners. 

3) The autopsy rate in the U.S. is abysmally low. We really don't know why people are dying.
Autopsies rates in the U.S.A. http://projects.propublica.org/forensics/
Declining autopsy rates affect medicine and public health http://www.amednews.com/article/20120220/health/302209940/4/
More Deaths Go Unchecked as Autopsy Rate Falls to “Miserably Low” Levels

4) The work of coroners and medical examiners keeps you alive. 
Saying coroners and medical examiners work for the dead is a statement of ignorance. (And doubly so for those who add, "The dead don't vote.") The dead don't need anything. The living seek justice on their behalf if they are murdered, but that's also because if someone is running around killing people, the living want to know that. Death certificates help decide how medical research will be funded. They allow families to collect insurance and deal with the estate of the deceased.
Here are just a few additional examples of how their work benefits the living:
Public health -- recognition of health problems and disease outbreaks
Mass disasters -- mass disasters bring about mass fatalities
Safety -- recognizing potentially fatal dangers in the workplace, cribs, toys, amusement parks, in automobiles and elsewhere helps the living
Missing persons -- putting a name to the unidentified dead not only helps the families of the missing, but allows investigators to solve cold cases


5) Death investigation should not be given over to morticians with little or no forensic or medical training, especially if no firm ethics requirements are in place.
Problems arise when there is a conflict of interest and money to be made from the families of the dead. But that's just the beginning. Death investigation cannot be handed off to someone on the basis of having the equipment to do body removal and the stomach handle remains. This is a serious and important matter than affects the justice, safety, and health of living individuals. Certification and accreditation are important, and voters should demand them.

http://www.funeralethics.org/coroners.htm
Many homicide, accident, and public health investigations begin when a body is discovered. Someone with training should be on the job.

Further reading:
ProPublica Post-Mortem Series http://www.propublica.org/series/post-mortem

The Death Quiz http://crimelabproject.wordpress.com/the-death-quiz/

National Academies of Science (2009) Strengthening Forensic Science in the United States: A Path Forward  "Chapter 9: Medical Examiner and Coroner Systems: Current and Future Needs" Can be read for free here: http://www.nap.edu/openbook.php?record_id=12589&page=241

Bureau of Justice Statistics (2007) Special Report: http://www.bjs.gov/content/pub/pdf/meco04.pdf

Tuesday, October 21, 2014

Real Life Cases: Learn More About Cold Cases

The National Institute of Justice is offering a free two-day online seminar through the Forensic Technology Center of Excellence.

"The Science, Law and Politics of Cold Case Investigations on October 30-31 in order to answer critical questions about cold cases and what it takes to resolve them."

The course is free and open to all.  Here's a link to learn more about the program:

http://content.govdelivery.com/accounts/USDOJOJP/bulletins/d5a833

Monday, October 20, 2014

Only 12 spaces left in SinC Into Great Writing, and they're going fast

Register online before Halloween for Sisters in Crime’s day with forensic science experts, a homicide detective, a cadaver dog handler, and an arson investigator – to be held just before Bouchercon, on Wednesday, November 12!

Hear from outstanding professionals on processing crime scenes, trace evidence, medical serial killers, cadaver dogs, homicide investigation, and arson investigation. Try your hand at going over a crime scene. All of our experts have experience in the fields they’ll be talking about. You don’t need a science background — just an interest in how scientists and investigators do their work!

Sisters in Crime is sponsoring this all-day forensic science workshop for its members on the day before Bouchercon.  You’ll not only hear from these outstanding experts, you’ll have opportunities to ask questions, learn how to get more information, and get tips on use forensic science research in your writing. A box lunch is included.  An all-day forensic science seminar, including a box lunch, for $50.00! The event will be held at the Renaissance Hotel in downtown Long Beach.

Register on the Sisters in Crime Website. http://sistersincrime.org
Sign in as a member, then click on the SinC Into Great Writing VI link, then on “Workshop Registration” just below the title of the event. (Not a member? Join! See the website to learn all about the benefits of membership.)

Here’s what we have planned:

7:30 - 8:00 am:     Registration

8:00 - 8:10 am:     Welcome and introduction by Hank Phillippi Ryan. Logistics announcements by Jan Burke

8:10 - 9:00 am:   Crime Scene Processing with Donald Johnson
Don Johnson is a professor of forensic science at CSULA and director of the criminalistics program there. 

9:00 - 9:50 am:    Medical Serial Killers with Beatrice Crofts Yorker
Internationally recognized expert on medical killers, Bea Yorker is the Dean of of the College of Health and Human Services for CSULA, of which the university's forensic science programs are a part.

9:50 - 10:05 am:  Break

10:05 - 10:55 am:  Trace Evidence with Katherine Roberts. 
Like our other experts from CSULA, Dr. Roberts is an extraordinary forensic science researcher with practical experience. She will tell us all about the latest breakthroughs in trace evidence, and what can be learned from it. She is the interim director of the California Forensic Science Institute.


10:55 - 11:25 am:  Question and Answer Session for morning speakers
11:25 - 11:55 am: Lunch Break (box lunch provided)

11:55 - 12:40 pm:  Hands On Death Investigation: "Two dead at scene."
You are the trainee detective called out to investigate a double murder.  Be on time! Be prepared! Bring your notepad and pen!  Veteran LASD Homicide Detective Elizabeth Smith will provide an interactive experience for you in crime scene investigation.

12:40 - 1:30 pm:  Working with Dogs to Find Human Remains 
Cat Warren is a cadaver dog handler and the author of a fascinating book on working dogs, What the Dog Knows.  

1:30 - 1:45 pm:     Afternoon break fruit/sodas/coffee/tea provided

1:45 - 2:35 pm:  Arson Investigation 
Bob Cheng, Captain of the Arson Investigation Unit of the Long Beach Fire Department, will talk to us about the science of fire investigation.

2:35 - 3:15 pm:    Question and Answer Session for afternoon speakers

3:15-3:30 pm Break 

3:30-4:30 What Writers Need to Know about Forensic Science and How to Learn More About It 
This will be an interactive session. Jan Burke will talk to you about both the benefits of using forensic science in your writing and some pitfalls to avoid. She’ll tell you how to research forensic science and spend time answering your questions.  She’ll also be available after the event to offer you further help. 

Sunday, October 12, 2014

Real Life Cases: Help Solve A 1983 Homicide By Helping Phoenix Police Identify The Victim


Did someone resembling this woman disappear from your life in 1983? In August of that year, witnesses discovered this woman's body by a canal access road near the 4300 block of East Williams Field Road in Phoenix.  She is believed to be a Native American, Caucasian or Hispanic woman, approximately 5 feet 5 inches tall, and she weighed 142 pounds. She had brown eyes and curly, shoulder length brown hair. The woman had extensive dental work and a lower front teeth bridge implant.

Please spread the word.  Her case is part of a series in the Arizona Republic Newspaper, which has teamed up with the Phoenix Police Department and the Maricopa County Medical Examiner's Office to help solve cases involving the unidentifed. You can find more information here: 

Report information to 602-534-2121 and ask to speak with Detective Stuart Somershoe.  Anonymous Tips can be made by calling Silent Witness at 480-948-6377.

Medical examiner and NamUs case number 83-1480.