The Detail # 461
Posted: Sun Jul 11, 2010 5:45 pm
G o o d M o r n i n g !
via THE WEEKLY DETAIL
Monday, July 12, 2010
The purpose of the Detail is to help keep you informed of the current state of affairs in the latent print community, to provide an avenue to circulate original fingerprint-related articles, and to announce important events as they happen in our field.
Breaking NEWz you can UzE...
by Stephanie Potter
Maine man arrested in triple homicide
WLBZ-TV 07-02-2010
... 2010 at 9:37 am, Forensic Scientist Cindy Homer from the Maine State Police Crime Lab informed detectives that the inked prints of Thayne Ormsby , ...
Fingerprints foil burglar -- again
Intelligencer Journal Lancaster New Era Jul 08, 2010
For the second time in a month, police arrested Brandon M. Apostolec, 19, formerly of Rohrerstown, for a burglary after they found his fingerprints at the scene of the crime.
Burglary suspects arrested
Highland Community News (subscription) 07-10-2010
On July 6, 2010, the latent fingerprint lifted at the Villa residence returned as a match to Trayvon Johnson who was found to also be on probation. ...
Morris Charged in Fourth Homicide
The Ledger 07-10-2010
... June killing of 25-year-old Harold Wright in Palm River-Clair Mel by fingerprints left on a car at the crime scene, according to an arrest affidavit. ...
Top property crime offender arrested
KOB.com 07-10-2010
"His fingerprints were found in a stolen car that was just recovered. He was also interviewed on that case yesterday. And he's also being interviewed ...
Recent CLPEX Posting Activity
Creases
by kimba325 07-07-10
last post by Neville 07-11-10
Fad for Mutilating Fingertips?
by L.J.Steele 07-06-10
last post by Identify 07-11-10
news article: DNA in 1977 homicide latents?
by Identify 06-13-10
last post by Identify 07-11-10
Physical Developer
by Peter Griffin 07-09-10
last post by Peter Griffin 07-09-10
LP Case in Oregon
by Douglas 07-09-10
last post by sharon cook 07-09-10
news article: claim of failing to present an expert....
by Identify 07-08-10
last post by Gerald Clough 07-09-10
The Mark of a Masterpiece (an article about Biro)
by Boyd Baumgartner 07-07-10
last post by Peter Griffin 07-08-10
Top fears of an LPE
by Michele 07-07-10
last post by printlady 07-08-10
McKie Inquiry costs $6m
by Daktari 04-12-10
last post by Taggart 07-07-10
Latent Print Collection July 4th Munitions, Houston, TX area
by longfisher 07-06-10
last post by Pat A. Wertheim 07-07-10
ARTICLE: Investigation Reveals Fingerprint ID Flaws At DPD
by Boyd Baumgartner 07-02-10
last post by DTDactyl 07-07-10
AFIS candidate lists
by rushy 06-15-10
last post by Spartacus3131 07-06-10
HPD LPU -- What's the real story?
by Pat A. Wertheim 06-27-10
last post by Gerald Clough 07-06-10
Testimony--Any Comments
by Charles Parker 06-28-10
last post by Gerald Clough 07-06-10
Is Leonardo da Vinci the new Jackson Pollock?
by Steve Everist 10-13-09
last post by Pat A. Wertheim 07-05-10
UPDATES ON CLPEX.com
No major updates on the website - removed some more malware and tightened things up a little bit.
ANNOUNCEMENTS
No major announcements this week.
LAST WEEK
we looked at the nature of fingerprint examiners expertise as it relates to that of novices.
THIS WEEK
we look at a judge's recent decision related to NAS report elements and latent print examiner testimony
To view the full version with all text (instead of this outline with the intro and conclusion), it is recommended to download the .pdf file: http://www.clpex.com/Information/Angius ... xclude.pdf (may take a minute to download)
__________________________________________
In the Circuit Court of the state of Oregon for Lane County
State of Oregon vs. Stephen Angius
Case No. 200924231
Opinion Regarding the Defendant's Motion to Exclude Fingerprint Evidence
The issue before this court is whether to allow a fingerprint examiner employed by the Eugene Police Department (EPD) to testify that two latent fingerprints found in a victim’s apartment are the same as the Defendant’s. In particular, the Defendant asserts that such testimony is not scientifically valid and therefore is inadmissible under the standards established in State v. O’Key, 321 Or 285 (1995).
In years past, and perhaps in the future, some might think such a challenge is frivolous. The use of fingerprints as a means of identifying individuals has been part of the judicial system for over one-hundred years. Prior to the development of DNA testing in its current form, fingerprint identification was considered by many to be the “gold standard” in forensic sciences.
To the astonishment of many, in August of 2009 the National Academy of Sciences (NAS) issued a report which found that the ACE-V method of fingerprint identification – the predominant methodology used throughout the world – had not been scientifically validated in any study. NAS, Strengthening Forensic Science in the United States: A Path Forward (2009) [hereinafter NAS Report]. The NAS Report sent tremors through the fingerprint examiner community and has caused a great deal of examination of the techniques and claims of fingerprint examiners. In addition, it caused other forensic scientists, lawyers and courts to take a more rigorous look at the testimony of fingerprint examiners.
Analysis:
Is this scientific evidence
The Court’s’ gate-keeping role
Proponent’s burden
Relevancy
Is the fingerprint evidence scientifically reliable and likely to be helpful to the jury
Considerations:
Testability of falsifiability
Peer review and publication (existence of specialized literature)
Known or potential rate of error
Existence and maintenance of standards governing the use of fingerprint identification
The degree of the test’s acceptance in the relevant scientific community
The expert’s qualifications and stature
The use that has been made of the test (including non-judicial uses)
The extent to which other courts admit the test into evidence
The novelty of the test
The extent to which the test relies on the subjective interpretation of the examiner
Presence of safeguards in the procedure
Other factors
Should the fingerprint evidence be excluded under OES 403
Conclusion:
Having considered all the above factors, I find that the state’s proffered evidence regarding fingerprints may be presented to the jury for its consideration. I trust that the jury will be able to understand some of the limitations of the testimony and will be able to weigh the evidence appropriately.
__________________________________________
Feel free to pass The Detail along to other examiners for Fair Use. This is a not-for-profit newsletter FOR friction ridge examiners, BY friction ridge examiners. The website is open for all to visit!
If you have not yet signed up to receive an e-mail when this thread is updated, go ahead and play around with your message board preferences.
Until next Monday morning, don't work too hard or too little.
Have a GREAT week!
Detail Archives Discuss This Issue Subscribe to The Detail Search Past Details Unsubscribe
via THE WEEKLY DETAIL
Monday, July 12, 2010
The purpose of the Detail is to help keep you informed of the current state of affairs in the latent print community, to provide an avenue to circulate original fingerprint-related articles, and to announce important events as they happen in our field.
Breaking NEWz you can UzE...
by Stephanie Potter
Maine man arrested in triple homicide
WLBZ-TV 07-02-2010
... 2010 at 9:37 am, Forensic Scientist Cindy Homer from the Maine State Police Crime Lab informed detectives that the inked prints of Thayne Ormsby , ...
Fingerprints foil burglar -- again
Intelligencer Journal Lancaster New Era Jul 08, 2010
For the second time in a month, police arrested Brandon M. Apostolec, 19, formerly of Rohrerstown, for a burglary after they found his fingerprints at the scene of the crime.
Burglary suspects arrested
Highland Community News (subscription) 07-10-2010
On July 6, 2010, the latent fingerprint lifted at the Villa residence returned as a match to Trayvon Johnson who was found to also be on probation. ...
Morris Charged in Fourth Homicide
The Ledger 07-10-2010
... June killing of 25-year-old Harold Wright in Palm River-Clair Mel by fingerprints left on a car at the crime scene, according to an arrest affidavit. ...
Top property crime offender arrested
KOB.com 07-10-2010
"His fingerprints were found in a stolen car that was just recovered. He was also interviewed on that case yesterday. And he's also being interviewed ...
Recent CLPEX Posting Activity
Creases
by kimba325 07-07-10
last post by Neville 07-11-10
Fad for Mutilating Fingertips?
by L.J.Steele 07-06-10
last post by Identify 07-11-10
news article: DNA in 1977 homicide latents?
by Identify 06-13-10
last post by Identify 07-11-10
Physical Developer
by Peter Griffin 07-09-10
last post by Peter Griffin 07-09-10
LP Case in Oregon
by Douglas 07-09-10
last post by sharon cook 07-09-10
news article: claim of failing to present an expert....
by Identify 07-08-10
last post by Gerald Clough 07-09-10
The Mark of a Masterpiece (an article about Biro)
by Boyd Baumgartner 07-07-10
last post by Peter Griffin 07-08-10
Top fears of an LPE
by Michele 07-07-10
last post by printlady 07-08-10
McKie Inquiry costs $6m
by Daktari 04-12-10
last post by Taggart 07-07-10
Latent Print Collection July 4th Munitions, Houston, TX area
by longfisher 07-06-10
last post by Pat A. Wertheim 07-07-10
ARTICLE: Investigation Reveals Fingerprint ID Flaws At DPD
by Boyd Baumgartner 07-02-10
last post by DTDactyl 07-07-10
AFIS candidate lists
by rushy 06-15-10
last post by Spartacus3131 07-06-10
HPD LPU -- What's the real story?
by Pat A. Wertheim 06-27-10
last post by Gerald Clough 07-06-10
Testimony--Any Comments
by Charles Parker 06-28-10
last post by Gerald Clough 07-06-10
Is Leonardo da Vinci the new Jackson Pollock?
by Steve Everist 10-13-09
last post by Pat A. Wertheim 07-05-10
UPDATES ON CLPEX.com
No major updates on the website - removed some more malware and tightened things up a little bit.
ANNOUNCEMENTS
No major announcements this week.
LAST WEEK
we looked at the nature of fingerprint examiners expertise as it relates to that of novices.
THIS WEEK
we look at a judge's recent decision related to NAS report elements and latent print examiner testimony
To view the full version with all text (instead of this outline with the intro and conclusion), it is recommended to download the .pdf file: http://www.clpex.com/Information/Angius ... xclude.pdf (may take a minute to download)
__________________________________________
In the Circuit Court of the state of Oregon for Lane County
State of Oregon vs. Stephen Angius
Case No. 200924231
Opinion Regarding the Defendant's Motion to Exclude Fingerprint Evidence
The issue before this court is whether to allow a fingerprint examiner employed by the Eugene Police Department (EPD) to testify that two latent fingerprints found in a victim’s apartment are the same as the Defendant’s. In particular, the Defendant asserts that such testimony is not scientifically valid and therefore is inadmissible under the standards established in State v. O’Key, 321 Or 285 (1995).
In years past, and perhaps in the future, some might think such a challenge is frivolous. The use of fingerprints as a means of identifying individuals has been part of the judicial system for over one-hundred years. Prior to the development of DNA testing in its current form, fingerprint identification was considered by many to be the “gold standard” in forensic sciences.
To the astonishment of many, in August of 2009 the National Academy of Sciences (NAS) issued a report which found that the ACE-V method of fingerprint identification – the predominant methodology used throughout the world – had not been scientifically validated in any study. NAS, Strengthening Forensic Science in the United States: A Path Forward (2009) [hereinafter NAS Report]. The NAS Report sent tremors through the fingerprint examiner community and has caused a great deal of examination of the techniques and claims of fingerprint examiners. In addition, it caused other forensic scientists, lawyers and courts to take a more rigorous look at the testimony of fingerprint examiners.
Analysis:
Is this scientific evidence
The Court’s’ gate-keeping role
Proponent’s burden
Relevancy
Is the fingerprint evidence scientifically reliable and likely to be helpful to the jury
Considerations:
Testability of falsifiability
Peer review and publication (existence of specialized literature)
Known or potential rate of error
Existence and maintenance of standards governing the use of fingerprint identification
The degree of the test’s acceptance in the relevant scientific community
The expert’s qualifications and stature
The use that has been made of the test (including non-judicial uses)
The extent to which other courts admit the test into evidence
The novelty of the test
The extent to which the test relies on the subjective interpretation of the examiner
Presence of safeguards in the procedure
Other factors
Should the fingerprint evidence be excluded under OES 403
Conclusion:
Having considered all the above factors, I find that the state’s proffered evidence regarding fingerprints may be presented to the jury for its consideration. I trust that the jury will be able to understand some of the limitations of the testimony and will be able to weigh the evidence appropriately.
__________________________________________
Feel free to pass The Detail along to other examiners for Fair Use. This is a not-for-profit newsletter FOR friction ridge examiners, BY friction ridge examiners. The website is open for all to visit!
If you have not yet signed up to receive an e-mail when this thread is updated, go ahead and play around with your message board preferences.
Until next Monday morning, don't work too hard or too little.
Have a GREAT week!
Detail Archives Discuss This Issue Subscribe to The Detail Search Past Details Unsubscribe