Tuesday, June 13, 2017

Part 22: U.S. Attorney General Jeff Session's war on science/forensics: (Prosecutors left in the dark); Rebecca McRae reports in 'Slate' on how Session's rejection of science leaves local prosecutors in the dark - and why his decision to disband the National Commission on Forensic Science has implications for criminal cases across the U.S.A...."Sessions’ decision to cut off funding for the NCFS ensures that local district attorneys will continue to fumble around in the dark when it comes to crises like the one in Deschutes County, Oregon—which isn’t an isolated incident. Similar breaches have popped up in crime labs in Massachusetts, Florida, and, earlier this year, Texas—all of which have the potential to invalidate thousands of cases. But Session’s NCFS shutdown all but ensures that these labs across the country will continue to operate using ad hoc procedures, questionable accreditation, and outdated methods. The downsides of gutting the commission will extend beyond crime lab scandals to courtrooms nationwide."


STORY: "Jeff Sessions’ Rejection of Science Leaves Local Prosecutors in the Dark," by reporter Rebecca McRae, published by Slate on June 7, 2017. (Rebecca McCray is a writer in New York and a journalism and research fellow with the Fair Punishment Project.)

SUB-HEADING: "His decision to disband the National Commission on Forensic Science has implications for criminal cases across the country."


GIST: There’s a stack of file folders on District Attorney John Hummel’s desk that won’t stop staring at him. The folders contain the cases of defendants whose convictions were called into question when a state crime lab technician in Bend, Oregon, part of Hummel’s district, was caught tampering with evidence in 2015. The breach may have impacted more than 1,100 cases. Hummel’s office has been steadily reviewing them ever since—of the 500 cases that have been reviewed so far, 30 convictions have been vacated and those cases dismissed. For Hummel, this laborious work has made Attorney General Jeff Sessions’ April announcement that he would no longer support the National Commission on Forensic Science, or NCFS, feel personal. An independent commission established by Barack Obama in 2013, the NCFS was meant to bring together scientists, judges, crime lab experts, prosecutors, and defense attorneys to analyze and improve the field of forensic science, which encompasses the many ways science is deployed in criminal justice. The group was established partially in response to a scathing report from the National Academy of Sciences that highlighted the lack of standards for crime labs nationwide and was attempting to review and improve this and other forensic science shortcomings. “The [NCFS] was developing guidelines on how to retain evidence and on security procedures in crime labs,” Hummel says. “Those would’ve been nice to have.” The vast majority of judges, prosecutors, and defense attorneys lack formal scientific training. Those anticipated guidelines couldn’t prevent the actions of one rogue crime lab analyst, but they could have provided a roadmap for how to mitigate the damage inflicted. As of now, there is no standard procedure for DAs who find themselves in Hummel’s shoes. In the absence of such rules, Hummel has developed what he calls a “decision tree” process for reviewing each case, which his office is using to steadily sift through the hundreds of convictions that have been called into question. Standards being developed by the NCFS would have attempted to prevent future crime lab scandals by helping state and local law enforcement adopt uniform rules to increase accuracy and reliability in their forensic analyses. “It’s not news that local prosecutors and defense attorneys are overworked, and most of our offices have limited resources,” says Hummel. “We look to better resourced agencies such as the [Department of Justice] to develop guidelines and recommendations for us.” Sessions’ decision to cut off funding for the NCFS ensures that local district attorneys will continue to fumble around in the dark when it comes to crises like the one in Deschutes County, Oregon—which isn’t an isolated incident. Similar breaches have popped up in crime labs in Massachusetts, Florida, and, earlier this year, Texas—all of which have the potential to invalidate thousands of cases. But Session’s NCFS shutdown all but ensures that these labs across the country will continue to operate using ad hoc procedures, questionable accreditation, and outdated methods. The downsides of gutting the commission will extend beyond crime lab scandals to courtrooms nationwide."
The entire story can be found at:

http://www.slate.com/articles/news_and_politics/trials_and_error/2017/06/disbanding_the_ncfs_will_lead_to_worse_outcomes.html?utm_content=buffer65213&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;