There are two very important questions that should underlie the law's admission of and reliance upon forensic evidence in criminal trials: (1) the extent to which a particular forensic discipline is founded on a reliable scientific methodology that gives it the capacity to accurately analyze evidence and report findings and (2) the extent to which practitioners in a particular forensic discipline rely on human interpretation that could be tainted by error, the threat of bias, or the absence of sound operational procedures and robust performance standards... [I]t matters a great deal whether an expert is qualified to testify about forensic evidence and whether the evidence is sufficiently reliable to merit a fact-finder's reliance on the truth that it purports to support. -- "Strengthening Forensic Science in the United States: A Path Forward"
These are the musings, ramblings, rantings and observations of Houston DWI Attorney Paul B. Kennedy on DWI defense, general criminal defense, philosophy and whatever else tickles his fancy.
Thursday, September 24, 2009
More on the junk science of scent identification
Friday, September 18, 2009
Scent identification - the new "poo-poo" science?
In 1998, Keith Pikett turned his hobby into a career with the Fort Bend County Sheriff's Office.
Since then, police, prosecutors and the media have praised the deputy and his dogs' work in more than 1,000 investigations.
But Pikett's credibility is being tested in both civil and criminal court. Two federal lawsuits, filed little more than a year apart, claim Pikett's scent lineups are designed to implicate suspects - not to gather objective evidence.
Meanwhile, judges have twice excluded him from testifying as an expert because of questions about the science supporting his work or his honesty.
In 2007, Pikett testified that three of his dogs, Jag, James Bond and Clue, never erred in scent identifications, despite having sniffed hundreds of lineups. A fourth hound, 12-year-old Quincy, performed 1,483 scent lineups and made only two mistakes early in her career, Pikett said.