Advertisements

2 dentists sue colleague for criticizing their bite-mark testimony

Witnesses worked on rape case in which defendant was granted a new trial because of DNA evidence

December 25, 2011|By Steve Mills, Chicago Tribune reporter

In the ongoing battle over the use of controversial bite-mark evidence, two Chicago-area dentists have opened a new legal front, suing a colleague for alleged defamation because he used a Lake County rape case they worked on as an example of the oft-criticized discipline gone awry.

Dentists Russell Schneider, of Waukegan, and Carl Hagstrom, of Fox Lake, filed their lawsuit against Michael Bowers, a dentist in California who is a frequent and sometimes acerbic critic of his fellow forensic odontologists for work that has led to numerous wrongful convictions.

Advertisements

Innocent man, jailed for 20 years, suing forensic experts

Image

http://rt.com/usa/starks-innocent-jail-suing-711/

Bennie Starks was released from prison in 2006, after being locked up for 20 years for a crime he never committed. He is now suing the forensic experts who falsely testified against him in a case of sexual assault.

Although Starks’ charges were dismissed, the 53-year-old man will never regain his lost years. In 1986, he was found guilty of assaulting and raping a 69-year-old woman from Waukegan, Ill., and sentenced to 60 years in prison.

Government witnesses, two dentists and a forensic technician testified against him. The rape victim also identified him in a photo line-up, but Starks believes two police officers encouraged the woman to accuse him.

Dr. Carl Hagstrom and Dr. Russell Schneider, two dentists, testified that the bite marks on the victim’s body matched the marks left by Starks’ teeth. Their methodology, however, was outdated and unreliable, according to information obtained by the Courthouse News Service.

With government witnesses, forensic ‘experts’, and the victim herself alleging that Starks was the rapist, there was little he could do to keep himself out of prison. But in 2006, the Illinois Appellate Court vacated the man’s conviction and set up a retrial. DNA evidence cleared him of the 1986 rape, and Starks walked out of prison a free man.

It wasn’t until January 2013 that all of his charges were dismissed and his record was clean.

“I’m just overwhelmed with joy,” Starks told ABC after walking out of the courtroom with a clean slate. The man’s attorney, Jed Stone, compared the outcome to a “ray of sunlight that cracked through a cloud”. 

But what Starks can’t forget is the false testimony by the state’s forensic technician, Sharon Thomas-Boyd, as well as the two dentists who matched his teeth to the bite marks. Thomas-Boyd falsely claimed that Starks’ semen matched the DNA found on the victim.

US District Judge Gary Feinerman supported Starks’ theory that the forensic experts engaged in a conspiracy to falsely accuse him.

“The complaint amply alleges that the police defendants, the dentist defendants, and Thomas-Boyd all worked to get Starks convicted for a crime he did not commit, and it is more plausible that they each made their contributions to that effort in the context of an agreement to secure a wrongful conviction than that, by some wild coincidence, everyone who came into contact with Starks’s case independently developed a desire to see him convicted and a willingness to lie in pursuit of that goal,” the judge said, according to court documents.

It is unlikely that the police officers will be penalized for lying to the jury, since they hold impunity for doing so. But it is possible that they could face charges for prompting the rape victim to falsely identify Starks as the suspect.

Starks claims the conspiracy caused him emotional distress. The Innocence Project, a group that originally helped the man clear his name, told ABC that in cases where innocent men are imprisoned, misidentification is most often the cause.

“Bennie’s case features a wrongful identification and also faulty forensics,” Lauren Kaeseberg of the Innocence Project said in January. “Misidentifications make up 75 percent of wrongful convictions.”

In the state of Illinois, committing conspiracy or perjury under oath or affirmation is a class 3 felony, which could result in 2-5 years imprisonment and/or a fine of up to $25,000. The lawsuit accuses the forensic experts of filing false reports, giving false statements, conspiring against Starks and pursuing wrongful prosecutions.

The defendants have filed a motion to dismiss the complaint, but Judge Feinerman denied all motions except the intentional infliction of emotion distress.

A Response to a Critic of the Critics

Mark Page, Ph.D.

The author of the website http://www.bitemark.org posted an article regarding the admissibility of bitemark evidence in several cases in Texas, and spent some time discussing the supposedly ‘asinine’ nature of applying experimental scientific methodology to forensic science. The article makes the point that the scientific method should not apply to some disciplines, as they are not ‘hard’ sciences, like physics and chemistry. This commentary represents an example of why critics of forensic science find these disciplines particularly frustrating, in that they attempt to justify their forensic practice on the basis that they are somehow ‘different’ or ‘immune’ to good scientific practice. But there is no logical reason why forensic science and the scientific method should be mutually exclusive….. Read more by clicking on the PDF below

Open PDF by clicking  a-response-to-a-critic-of-the-critics-2

Another article  by Mark Page can be found by clicking this link: http://www.fdiai.org/articles/Uniqueness-Fact_or_Fiction1.pdf

 

Forensic Failings: How to Improve the Forensic Sciences and Prevent Wrongful Convictions

New York Society of Forensic Dentistry September Meeting:

Monday, September 24, 2012 7:00 PM at NYU College of Dentistry 24th Street & First Avenue – Room 612

 

Summary: Chris Fabricant, Director of Strategic Litigation at the Innocence Project, will discuss the groundbreaking 2009 National Academy of Sciences report that called for comprehensive overhaul of the forensic science system. Through DNA exoneration cases, the Innocence Project has identified improper and unvalidated forensic science as one of the leading causes of wrongful conviction. Mr. Fabricant will provide case examples on how forensic disciplines, particularly pattern and impression evidence, including fingerprints, tire tread analysis, bite mark analysis and other disciplines have contributed to wrongful convictions–and explain how federal reforms can help significantly strengthen the field.

 

Chris Fabricant

Joseph Flom Special Counsel

Chris Fabricant is the Joseph Flom Special Counsel, Director of Strategic Ligation. Before joining the Innocence Project, he was a clinical law professor and the director of the Criminal Justice Clinic at the Pace University School of Law. Mr. Fabricant has years of criminal defense experience at the state, federal, trial and appellate levels with The Bronx Defenders and Appellate Advocates. He was also a pro se law clerk in the Southern District of New York, where he focused on prisoners’ rights litigation. Mr. Fabricant is the author of the book Busted! (HarperCollins) and his scholarship has been published by the NYU Review of Law & Social Change and the Drexel Law Review. Mr. Fabricant received his J.D. with honors and a Corpus Juris Secundum distinction in criminal law from The George Washington University in 1997.

State Attorney Ignores Science, Impedes Starks’ Full Exoneration

From The Innocence Project

Today’s Innocence Blog

Posted: 17 Aug 2012 12:30 PM PDT

Four months after former Illinois inmate Bennie Starks was exonerated of a rape conviction that DNA evidence proves he did not commit, the Lake County State’s Attorney’s Office continues to fight efforts to exonerate him of a battery conviction from the same crime. A column by Eric Zorn in today’s Chicago Tribune says 22-year veteran State’s Attorney Michael Waller has a penchant for ignoring scientific evidence and is inclined to develop peculiar theories.

The victim, now deceased, testified that she was attacked and raped by the same man. Earlier this summer, an appeals court ruled that the DNA evidence undermines Starks’ battery conviction and sent it back to the trial court. Waller didn’t see it that way and petitioned the court for a rehearing.

Prosecutors argued in court that the traces of semen must have come from an earlier sexual partner of the victim and been present due to her “bad hygiene.”

The problem with this new theory was that the sample was fresh – no more than 30 hours old according to expert trial testimony – and the victim was on record that she hadn’t had sex with anyone for at least three days prior to the attack.

Zorn cites other cases in which Waller’s office has exhibited a preference for outlandish theories over solid scientific evidence.

Juan Rivera convicted in the 1992 rape and murder of 11-year-old Holly Stoker in Waukegan. When testing excluded Rivera as the source of DNA found in the victim, prosecutors under Waller argued that the little girl had consensual sex with a never-identified boyfriend prior to the attack.

Jerry Hobbs arrested and held without bond in the 2005 slaying of his daughter Laura, 8, and her friend Krystal Tobias, 9, in a Zion park. In 2007, when DNA testing of semen found in his daughter excluded Hobbs, the Walleristas insisted that Laura must have been playing near where a couple had had sex, gotten semen on her fingers and wiped it on herself.

Read the full column.