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Hi Guys. I am an Independent Forensic Scientist specialising in the examination of fingerprint evidence for Keith Borer Consultants in the UK. In response to several court cases that I was involved in, where Fingerprint Officers and CSIs gave opinions that recovered fingerprints were 'fresh', I carried out my own research and wrote an article that was recently published in the inaugural edition of CSEye, Science & Justice's sister journal for CSIs. The link to the paper is below.

http://www.keithborer.co.uk/uploads/#$$@ ... 0Paper.pdf

Thanks, Simon!

Very informative. Supports everything I have believed and been taught in 40 years of involvment in the field. Warns of the extreme danger of testifying to "fresh" prints. Will be useful in answering the question in court, "Can you determine the age of a latent?"

Sadly, the "fresh print" lives on in court decisions too.

One of my colleagues pointed me to this language from a Mass Supreme Judicial Court case.

5. Sufficiency of the evidence as to Nancy Netto. Nancy Netto argues that there was insufficient evidence of her presence, knowledge of a weapon, or participation in the crime to warrant a conviction of felony-murder as a joint venturer predicated on armed robbery. We disagree. As to her presence at the scene, the Commonwealth introduced evidence that her fingerprint was
Page 702
on the bathroom door handle in Levesque's apartment, that it was a "fairly fresh" print, and that Nancy Netto had not been allowed into the apartment for one week prior to the crime.

http://masscases.com/cases/sjc/438/438mass686.html

Hi Lisa

On a frequently used doorknob, I might intuitively expect a latent print deposited during normal opening to be destroyed by other handling over the period of a week, but there is no way to say scientifically that would be a certain outcome. This case points up the importance of the defense attorney consulting with an unbiased, independent expert on the interpretation of forensic evidence. Failure of the defense combined with stretching by the prosecution witness can result in bad science making its way into the courtroom.

Pat