NACDL's Champion on Fingerprint Issues

[L.J.Steele]

Last month's issue had Pat W's article on the South Africa case and on fabrication issues.

http://www.nacdl.org/public.nsf/01c1e76 ... enDocument

and an article by Imwinkelried and Cherry on challenges to digital imaging in forensics cases, including fingerprints.

http://www.nacdl.org/public.nsf/698c98d ... enDocument

[Steve Everist]

and an article by Imwinkelried and Cherry on challenges to digital imaging in forensics cases, including fingerprints.

http://www.nacdl.org/public.nsf/698c98d ... enDocument

Lisa,

I just read this article, and giving Mr. Cherry the benefit of the doubt - it's full of misinformation that would more than likely hurt a defense attorney than help them.

For example, I find this quote quite inaccurate;

SWGIT is open only to active law enforcement personnel, and few of its members have a sophisticated understanding of image theory such as the difference between lossy and lossless images. Much of the imaging group’s knowledge comes from imaging solutions vendors who, at least at a subconscious level, may be tempted to overstate the capabilities and accuracy of their products.

After sitting through the SWGIT update at the IAI Conference in Louisville, I feel comfortable saying that the members' knowledge is far beyond that of what I've previously seen from Mr. Cherry and the image examples he used to have displayed on his website.

The rest of the article appears no different.

[Charles Parker]

Wow----what an article.

My suggestion is just the opposite of Steve's-------I think every Defense Attorney should follow exactly Mr. Cherrys suggestion in that article.

[L.J.Steele]

Please cc any of the substantive comments to Champion's editor -- editor@nacdl.org

[Charles Parker]

Ms Steele I have a lot of respect for you. You have in the past written a very good document that I use to teach Defense Tactics in Court Room Testimony. So I am not trying to be flippant or argumentative.

How long do you suppose it would take to write a rebuttal to Mr. Cherry's article with substantive references?

8 Hours 12 Hours 16 Hours

From my very humble POV----it is not worth it. It is easier on me to answer those questions in the court room. I also suspect that a number of Defense Attorneys are not necessarily taken in by the article.

With all due respect and a 'Thank-You' for bringing that article to the forum.

The article is not worth a rebuttal.

[George Reis]

I agree with Steve that an article that misrepresents this technology does no one any good. I don't know if Mr. Cherry truly has no understanding of digital imaging technology, or if he purposely mixes everything up and spews out what he does. In either case, it provides no benefit to anyone reading it, as it gives false information.

As to addressing the issue with NACDL - I agree with Lisa that this could make sense to do. However, when Mr. Cherry wrote an article in the Champion a few years ago, I did contact The Champion and basically received no response, as I recall. I'll try to find that communication somewhere. Regardless, I will follow-up with an article in this case, and will keep CLPEX posted.

On a related issue, The Chicago Tribune ran a feature "news" article a few years ago in which they quoted Cherry, and included several misleading "facts" and misrepresentations. I wrote a response to the Tribune which they didn't print or respond to. However, it was printed in "The Print" which is the newsletter of SCAFO. They also printed the Tribune article. That issue is available as a PDF document here: http://www.scafo.org/The_Print/The_PRIN ... SUE_01.pdf.

Sometimes I think that ignoring these people is best because they don't deserve the attention they get. Other times I think that providing rebuttal is a good approach so that misrepresentations can be corrected. I guess I'm in the latter mode right now.

George

[L.J.Steele]

I posted the links as an FYI and I'll post links when available about other stuff that comes up in the legal press.

I can't comment on content -- I'm not an expert in the field, just a moderately well-read attorney. The editor for Champion is likewise in the same position. Try the public email for the editor if you have comments. if you don't get a response, you can cc me and I'll send it to the email I have for the editor.

[Dennis Degler]

"Watch out! A Wolf!"

"Where?"

"Run! A Wolf is coming!"

"Where is it?"

"Run! It's gonna eat you!"

"I don't see a wolf."

[Gerald Clough]

I also suspect that a number of Defense Attorneys are not necessarily taken in by the article.

With all due respect and a 'Thank-You' for bringing that article to the forum.

The article is not worth a rebuttal.

I suspect a fair number of attorneys who haven't been wrung out on latent print imaging and examination will indeed be misled by the article. As is often the case (and serving their readership badly), it paints an expectation that (1) presentation of deliberately altered images is common and (2) fingerprint cases involving images are always flawed. It also tends to perpetuate the misunderstanding of the relative roles of AFIS and examination and ignorance of even what the examiner works from. The last line in the article commits both errors by suggesting that the AFIS match was the identification and that constructing a composite to submit to AFIS was a misdeed. Plain poor advocacy. And the effect of taking the advice seems to me more likely to demonstrate to the prosecutor that the defense is prepared to step waist deep into a poorly understood swamp and that the end result of the court fight will be to focus the case on the fingerprint identification that the defense will have essentially suggested by their poorly crafted attentions slam-dunks the defendant. When you set out to fight something so culturally iconic as fingerprints, you had better know something about the subject.

But I agree. Too screwed up in too many ways to merit a detailed response. We'll educate them at trial. Too bad the defendants will pay the tuition. The sad thing is I'd really, really like to see attorneys gain a genuine understanding of fingerprint identification. I don't like the State being the last chance for the defendants hit with erroneous or improperly drawn identifications, however few they may be.