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DNA tests and prosecutors...
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Topic Started: Jul 12 2017, 08:25 AM (546 Views)
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Quasimodo
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Jul 12 2017, 08:25 AM
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http://www.truthrevolt.org/commentary/malkin-crisis-americas-crime-labsMalkin: The Crisis in America's Crime LabsIt's time to incentivize more whistleblowers, instead of more destructive witch hunts. 7.12.2017 Michelle Malkin Junk science endangers lives. Forensic junk science in the hands of overzealous prosecutors, ignorant police detectives and reckless experts threatens liberty. (snip) Law journals and scientific publications are filled with similar horror stories that have spread from the New York City medical examiner's office and Nassau County, N.Y.'s police department forensic evidence bureau to the crime labs of West Virginia, Harris County, Texas, North Carolina and jurisdictions in nearly 20 other states. It's the wrongfully prosecuted and convicted who suffer the heaviest deprivations -- and taxpayers who must foot the astronomical bill for all the costs and damages incurred by crime lab corruptocrats and their enablers. As I've been chronicling in my newspaper columns and CRTV.com investigative reports, many state crime labs and police departments are particularly ill-equipped and inadequately trained to interpret DNA evidence, especially "touch" or "trace" DNA -- minute amounts of DNA of unknown origin often transferred through incidental contact -- which has resulted in monstrous miscarriages of justice against innocent people.The aura of infallibility conferred on crime lab analysts by "CSI"-style TV shows exacerbates the problem when juries place undue weight on indeterminate DNA evidence of little to no probative value. Just last week, North Carolina's Mark Carver, who was convicted of murdering a college student based on dubious touch DNA that was likely the result of investigators' contamination, won a new court date for a hearing that may set him free.[We came very close to having convictions in the lax case based on trumped up DNA matches. Would anyone expect a jury to understand exactly what the DNA did or did not show about what was under or on someone's fingernails, especially after listening to Dr. Meehan testify for two or three weeks, talking endlessly?
Or would they just dismiss all the testimony and assume that there was "something" there, and so there must be "something" to the case?]Costly errors and gross misconduct will continue as long as politicized prosecutors operate with a "win at all costs" agenda and stubbornly refuse to admit their failures. Dark history seems to repeating itself at the Oklahoma City Police Department, home of the late forensic faker Joyce Gilchrist. Known as "Black Magic," Gilchrist conjured mountains of phony DNA evidence out of whole cloth in collaboration with an out-of-control district attorney over two ruinous decades.Gilchrist, whose tainted testimony sent 11 inmates to their deaths, passed away two years ago unpunished and unrepentant.[Nifong wasn't an outlier. And everyone in the Durham system cooperated with him too easily for that to have been his first trip to the rodeo.]Now, nearly a quarter-century after Gilchrist's misconduct was first exposed, Oklahoma City has been rocked by secret hearings held two weeks ago in the case of former Oklahoma City police officer Daniel Holtzclaw. He was convicted in 2015 on multiple sexual assaults after being railroaded by incompetent and biased police detectives and a DA's office more concerned about appeasing the social justice mob than seeking the truth.My investigation of Holtzclaw's case helped publicize the flawed, sloppy testimony by OCPD crime lab analyst Elaine Taylor and assistant district attorney Gayland Gieger, who misled jurors with false assertions about trace skin cell DNA tied to one accuser found on Holtzclaw's pants -- the only indirect forensic evidence in the case. One of the key attendees at the secret hearings last month was Taylor's OCPD crime lab supervisor, Campbell Ruddock. Taylor and Gieger failed to fully inform the jury of unknown male DNA found on Holtzclaw's pants, as well as DNA mixtures from multiple unknown female and male contributors, which clearly supported the hypothesis of innocent, nonsexual DNA indirect transfer. But Gieger baselessly claimed the DNA came from vaginal fluid (when Taylor conducted no such confirmatory tests for body fluids nor used an alternate light source). Gieger recklessly yoked the phony DNA "smoking gun" in one accuser's case to all of the accusers' allegations. At least two jurors publicly stated after trial that the shoddy DNA evidence persuaded them of Holtzclaw's collective guilt. Secrecy about the crime lab crisis is a toxic recipe for more wrongful convictions. The solution lies in greater transparency, external scrutiny, stiffer criminal penalties and real financial consequences for forensic fraudsters and fakers. It's time to incentivize more whistleblowers, instead of more destructive witch hunts.
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Quasimodo
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Jul 12 2017, 08:25 AM
Post #2
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Can we add to that list of fraudsters a certain prominent "expert" who insisted that DNA evidence didn't, and couldn't, prove the lax team innocent?
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Sydney Carton
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Jul 12 2017, 11:09 AM
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" Now, nearly a quarter-century after Gilchrist's misconduct was first exposed, Oklahoma City has been rocked by secret hearings held two weeks ago in the case of former Oklahoma City police officer Daniel Holtzclaw. He was convicted in 2015 on multiple sexual assaults after being railroaded by incompetent and biased police detectives and a DA's office more concerned about appeasing the social justice mob than seeking the truth.
My investigation of Holtzclaw's case helped publicize the flawed, sloppy testimony by OCPD crime lab analyst Elaine Taylor and assistant district attorney Gayland Gieger, who misled jurors with false assertions about trace skin cell DNA tied to one accuser found on Holtzclaw's pants -- the only indirect forensic evidence in the case. One of the key attendees at the secret hearings last month was Taylor's OCPD crime lab supervisor, Campbell Ruddock.
Taylor and Gieger failed to fully inform the jury of unknown male DNA found on Holtzclaw's pants, as well as DNA mixtures from multiple unknown female and male contributors, which clearly supported the hypothesis of innocent, nonsexual DNA indirect transfer. But Gieger baselessly claimed the DNA came from vaginal fluid (when Taylor conducted no such confirmatory tests for body fluids nor used an alternate light source). Gieger recklessly yoked the phony DNA "smoking gun" in one accuser's case to all of the accusers' allegations. At least two jurors publicly stated after trial that the shoddy DNA evidence persuaded them of Holtzclaw's collective guilt." SC:I've been posting on the Holtzclaw case for several months on another blog.I couldn't,previously find an excuse for posting here.After all fourteen women(all, save one, black hookers who were well acquainted with each other) positively "identified". Now that you've given me an opening,Quasi,I will now and then post comments on further developments.Despite the odds,Holtzclaw could well win his case.
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Sydney Carton
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Sep 15 2017, 01:12 PM
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This report,of course, comes from a biased source: a defense investigator who maintains his own website on the case.On the other hand he lists no less than sixteen independently verifiable facts(in no way deriving from his personal interviews,which clearly support Defendant Holtclaw's innocence.I would like to post a balancing presentation of the case for Holtzclaw's guilt.Unfortunately I couldn't find one as so far as i can discover (after several days of trying) the case against Holtzclaw is being presented exclusively in hundreds of screams of rage.Moreover the best evidence(the trial transcript) is as yet unavailable on line http://www.holtzclawtrial.com/untold-story/
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MikeZPU
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Sep 19 2017, 07:06 PM
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Costly errors and gross misconduct will continue as long as politicized prosecutors operate with a "win at all costs" agenda and stubbornly refuse to admit their failures.
That's it! in a nutshell!
A "win at all costs" mentality is pervasive amongst many prosecutors in this country.
And another major problem, as Malkin points out, is forensic investigators in state (and private) crime labs who want to help law enforcement with their cases.
The "everyone get on board" mentality is pervasive as well.
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Sydney Carton
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Sep 20 2017, 06:56 AM
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Mjchelle Malkin summarizes the case for the defense in a succinct one hour and seventeen minutes.This is well worth watching with care https://www.youtube.com/watch?v=VmKVMklq6Wk
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Sydney Carton
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Oct 27 2017, 02:22 PM
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https://www.conservativereview.com/articles/bomshell-report-holtzclaw-conviction-should-be-overturned#sthash.AmOm3myl.gbpl
Bombshell report: Holtzclaw conviction should be overturned Posted August 02, 2017 02:42 PM by Chris Pandolfo
Bill of Rights Judicial
Daniel Holtzclaw after verdict is read. Daniel Holtzclaw, center, cries as he stands in front of the judge after the verdicts were read in his trial in Oklahoma City on Dec. 10, 2015. Sue Ogrocki | AP Photo
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A new report by a panel of internationally renowned DNA experts raises questions about the DNA evidence used to convict former Oklahoma City Police Officer Daniel Holtzclaw, casting doubts on the fairness of Holtzclaw’s trial and the justice of his conviction on multiple counts of sexual violence.
The report, authored by world-renowned DNA expert Dr. Peter Gill and five other forensic science experts, states that DNA evidence was misused at Mr. Holtzclaw’s trial, noting, “Miscarriages of justice based on misleading DNA evidence are fundamentally unfair and harmful to the entire judicial system.”
“The misuse of DNA evidence in Mr. Holtzclaw’s trial – and the failure of defense counsel to challenge it – went to the heart of the case and deprived Mr. Holtzclaw of a fair trial,” the report states. “We are concerned that forensic science mistakes were made during collection, analysis, and testimony about the DNA evidence from the fly of Mr. Holtzclaw’s uniform pants, with prosecutorial misconduct violating Mr. Holtzclaw’s rights to due process. Trial defense counsel did not effectively reveal or address these errors, in violation of the Sixth Amendment requirement for effective counsel, causing the DNA evidence to be extremely prejudicial even though it had little probative value because it could be explained by non-intimate DNA indirect transfer.”
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Sydney Carton
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Dec 6 2017, 06:26 PM
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Long,loong.piece on recent developments in the Holtzclaw case.Michelle Malkin has really thrown her heart into this fight. http://michellemalkin.com/2017/12/05/pyongyang-on-the-prairie-part-one/
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Quasimodo
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Dec 14 2017, 08:33 PM
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http://minnesota.cbslocal.com/2017/12/14/freeman-no-noor-charges/Freeman: I Can’t Charge MPD Officer Yet In Damond’s Shooting DeathDecember 14, 2017 MINNEAPOLIS — Hennepin County’s attorney said he does not have enough evidence yet to file charges against the Minneapolis police officer who shot and killed an Australian woman last summer. Mike Freeman was attending the Minneapolis Regional Labor Federation holiday party Wednesday night when he was confronted by members of the group Twin Cities Coalition for Justice 4 Jamar. In a video recorded by one of the members, Freeman expresses frustration with the lack of cooperation from Minneapolis police in the investigation of Justine Damond’s killing on the night of July 15. “Let me just say it’s not my fault. So, if it isn’t my fault, who didn’t do their job? It’s called investigators. They don’t work for me,” Freeman said. Damond had called 911 to report a possible sexual assault in the alley outside of her home in Minneapolis’ Fulton neighborhood. Officers Mohamed Noor and Matthew Harrity soon arrived in the alley. Damond approached the squad car and knocked or tapped on the vehicle -– causing Noor to reach across Harrity at the wheel and shoot Damond in the chest. “[Noor] won’t answer my questions and he doesn’t have to,” Freeman said in the video. “We all have Fifth Amendment rights and I respect that. So, I can’t talk to her because she’s gone. And the other cop just gave us s–t.”Damond’s death made international headlines, and Mayor Betsy Hodges forced the resignation of Police Chief Janeé Harteau in the shooting’s aftermath. Freeman said in September that he would likely make his decision on whether or not to file criminal charges against Noor by the end of the year. The attorney’s office released this statement Thursday afternoon: “We are working diligently on the case to complete the investigation as soon as possible. Beyond that, we cannot comment at this time.” Minneapolis police released this statement soon after: “The Minneapolis Police Department understands and respects the calls for a swift resolution to this case. The MPD has cooperated fully with the state’s investigation. At this point in the investigative and judicial process, it would be inappropriate to provide any further comment.”
What does he mean, the prosecutor doesn't control the police and the investigators?
In Durham, the DA did just that; in fact, he borrowed policemen (one was a rookie) and took over and led the investigation himself.
Does anyone see anything odd about that?
(Because the Durham and national media sure didn't.)
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Quasimodo
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Dec 16 2017, 07:58 PM
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https://nypost.com/2017/12/16/rape-trial-falls-apart-after-accusers-40000-texts-are-revealed/Rape trial falls apart after accuser’s 40,000 texts are revealedDecember 16, 2017 | 12:40pm A student has described going through “mental torture” after a rape case against him was thrown out in court because police had failed to hand over more than 40,000 messages from his accuser. Liam Allan, 22, faced up to ten years in jail charged with six counts of rape and six counts of sexual assault against a young woman over a 14-month period that began when he was 19. The criminology student at Greenwich University had spent nearly two years on bail and three days in Croydon Crown Court when the trial was stopped in a dramatic fashion after it emerged police officers had failed to hand over evidence that proved his innocence.The alleged victim had claimed she did not enjoy sex, while Mr Allan claimed it was consensual and she was acting maliciously because he refused to see her after he returned to university. Now, the judge has called for an inquiry at the “very highest level” to understand why police failed to hand over critical evidence including 40,000 messages from the accuser to Mr Allan and friends. The messages showed how she had continually messaged Mr Allan for “casual sex”, said how much she enjoyed it and discussed fantasies of violent sex and rape, The Times reports. Outside the court, Mr Allan said he went through “mental torture” over the two year period and relied on the system to uncover evidence that would exonerate him. When first accused, he turned to a local lawyer he had done work experience with and said he was terrified at the idea of going to prison with sex offenders and worried about what would happen to his mum and flatmates when he was away. “You are all on your own. I could not talk to my mother about the details of the case because she might have been called as a witness. I couldn’t talk with my friends because they might have been called. I felt completely isolated at every stage of the process,” he said. “I can’t explain the mental torture of the past two years. … I feel betrayed by the system which I had believed would do the right thing, the system I want to work in.” The life-changing discovery was made at the 11th hour when a new prosecutor, Jerry Hayes, took over the case one day before the trial began and ordered police to hand over records — including a computer disk that contained 40,000 messages. Mr Allan’s lawyers had already sought access to the accusers’s telephone records and messages but their requests were denied on the basis there was nothing of interest in them. Upon discovering the messages, Mr Hayes said he would offer no evidence in court and would like to “apologise” to Mr Allan. “There was a terrible failure in disclosure which was inexcusable,” he said. “There could have been a serious miscarriage of justice, which could have led to a very significant period of imprisonment and life on the sex offenders register. It appears the officer in the case has not reviewed the disk, which is quite appalling.”Speaking later, he said detectives had previously told him the sexual messages were “too personal” to share. “The defence quickly saw the information blew the prosecution out of the water. If they had not been seen this boy faced 12 years in prison and on the sex offenders’ register for life with little chance of appeal. This was a massive miscarriage of justice, which thank heavens was avoided,” he told the BBC. Judge Peter Gower said Mr Allan was not guilty on all charges. “There is something that has gone wrong and it is a matter that the Crown Prosecution Service (CPS) in my judgment should be considering at the very highest level,” he said. “Mr Allan leaves the courtroom an innocent man without a stain on his character.” Mr Allan’s defence lawyer Julia Smart said she also received details about the text messages the night before she was due to cross examine the accuser, and when she told the court of her findings the trial was scrapped. Mr Allan’s mum, Lorraine Allan, 46, said the “current climate” means that many people are treated as “guilty until you can prove you’re innocent.”
A spokesman for London Metropolitan Police said: “We are aware of this case being dismissed from court and are carrying out an urgent assessment to establish the circumstances which led to this action being taken. “We are working closely with the Crown Prosecution Service and keeping in close contact with the victim while this process takes place.” The Crown Prosecution Service said they will not conduct a “management review” with the Metropolitian Police to “examine the way in which the case was handled.” Mr Hayes, who is a former Conservative MP, wrote in The Times the case marked the most “appalling failure of disclosure I have ever encountered.” “The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced. “Crown court trials only work because of the co-operation and goodwill of advocates and the bench — but time pressures are making this increasingly difficult.
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Quasimodo
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Dec 17 2017, 08:56 AM
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http://www.dailymail.co.uk/debate/article-5187223/PETER-HITCHENS-None-safe-sex-allegations.htmlPETER HITCHENS: If a saintly man can be branded a sex abuser, none of us is safe 16 December 2017 If we won't fight injustice wherever we see it, then we are not safe from suffering injustice ourselves. If a man's reputation can be destroyed in an afternoon by a secret kangaroo court, then we too can one day be propelled into a pit of everlasting shame by the same process. If it can happen to anyone, it can happen to you. And it does happen. Accusations of long-ago sexual crime have become a sort of industry in this country. People are so horrified by them that they almost always believe them. Because the crime is so foul, we stop thinking. To their shame, police and prosecutors use our horror to get easy convictions, when they must know that their cases are weak. The less actual evidence they have, the more they stress the disgusting nature of the alleged crime. And they forget to remind us that it is alleged, not proved.Equally shamefully, judges do not stop these trials and juries leave their brains at the door. They convict not because they are sure the case has been proved beyond reasonable doubt, but because they are angry and revolted. I am miserably sure there are disturbing numbers of people in British prisons now, prosecuted on such charges, who are innocent of the accusations against them. It is our fault, because we have forgotten what justice is supposed to be like, and that, if we do not guard it in our hearts, it will perish in the country.This is why I have spent a shockingly large part of my life in the past two years trying to rescue the reputation of a dead bishop, George Bell of Chichester. I had known of him for many years and thought him a man of saintly courage. I had also spent a very sunny part of an extraordinarily happy childhood in and around Chichester. I learned to be an Englishman, in many ways, in that beautiful, ancient city. Even so, when the Church of England publicly denounced him as a child abuser, I was astonished by the instinctive, molten fury that I then experienced. This was not just an opinion. It kept me awake at night. Fortunately, I found allies who felt the same. At first slowly and then with gathering strength and confidence, we assembled the evidence which showed that grave wrong had been done. The Church of England, whose senior figures are astonishingly unimpressive and tricky, tried to smear us with false claims that we had attacked the complainant. But they failed, and at last grudgingly agreed to review the case. When the review told them that they had run an incompetent, miserable kangaroo court and that they had condemned a great man on evidence too weak to hang a hamster, they sat sulkily on that report for nearly ten weeks, until they were jeered into releasing it. Even then, when it came out on Friday, a Church which supposedly believes in penitence was still wriggling like a basket of embarrassed eels. The distinguished and impartial lawyer who conducted the review, Lord Carlile QC, made it quite plain that no court would have found George Bell guilty on the evidence (indeed, the Crown Prosecution Service would not even have brought it to court). He concluded the Church had hung one of its greatest figures 'out to dry'. He even said 'if I had been prosecuting this case, I would have lost it', which is as near as such a person could come to saying George Bell is innocent. And what of the Church, supposedly the guardian of moral good? The Archbishop of Canterbury petulantly persisted in claiming, despite all the evidence, that there was still a 'cloud' over George Bell's name. Lord Carlile remarked that this statement was 'less than fully adroit', which is QC-speak for something much ruder. I will go further. Archbishop Welby had a chance to stand for moral courage against the easy, popular thing. And he did the easy, popular thing. George Bell, facing much sterner tests in much tougher times, repeatedly chose moral courage over popularity. And that is why Justin Welby is not fit to lace up George Bell's shoes, and why his pretensions to be a moral leader of this country are taken less and less seriously by thinking people.
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Sydney Carton
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Jan 7 2018, 05:50 PM
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https://townhall.com/columnists/michellemalkin/2017/01/04/forensic-nightmar \oldie but goodie.
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