Since Doyle Simpson’s gun was never found, the examiners could not obtain a bullet in an optional condition and had to rely on the bullets extracted from the wooden post. The work was commissioned and funded by the Defense Department’s Forensic Science Center and was conducted by an independent testing lab (the Ames Laboratory, a Department of Energy national laboratory affiliated with Iowa State University). Resolving long-cold cases isn’t a common occurrence, but it is happening more often thanks to advances in DNA testing, evidence collection and technology. To the untrained eye, the shoes appeared very similar, if not identical. Wiersema then proceeds to make a test impression of the outer sole of the Known Shoe by dusting the bottom of the shoe with fingerprint powder, placing the shoe on her foot, and stepping onto a clear adhesive material. The number of shoe prints at a crime scene can be so large that the process of impression recovery becomes very time-consuming. United States v. Ross, 263 F.3d 844 (8th Cir.2001) (expert testimony from FBI forensic examiner linking footprints and tire imprints found in snow at scene of bank robbery to defendant's car tires and shoes met Daubert admissibility requirements). 2d 469 (1993) and Kumho Tire Company, Ltd. v. Carmichael, 526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. It bears reminding that "the trial court's role as gatekeeper [under Daubert] is not intended to serve as a replacement for the adversary system." Any error that does occur, according to Vanderkolk, is caused by examiner error in the application of the process or by examiner error in reaching a particular conclusion. They can be photographed, cast, lifted, and/or the whole item with the impression might be collected. According to Wiersema, "all of this type of evidence normally is examined using powder matching skills, powder matching techniques." Rather, as noted above, the court must determine whether the proposed expert who will offer testimony at trial is qualified. And, courts in deciding whether to admit certain expert witnesses’ testimonies should follow the Daubert standard closely as the “gatekeeper” to exclude expert testimonies that are without scientific knowledge. p. 40). Next, the court must examine the reliability of the methodology the expert used in reaching his conclusions. The Government witnesses did not explain how it is that an examiner concludes from this criteria that a shoe did, could have, or did not make the unknown impression. (Tr. Even though the shoeprints may have been trampled upon, they The controversy now begins – how many unique and characteristic particles are needed to opine that gunshot residue is identified? Wiersema explained that examiners in most laboratories undergo proficiency training and testing to ensure accuracy in their field. . An approach to the identification of particles characteristic of or consistent with gunshot residue is to compare through SEM-EDX analysis the elemental profile of the recovered particulate with that collected from case-specific known source items, such as the recovered weapons, cartridge cases or victim-related items whenever necessary. 2d 17 (D.P.R.2001). The basic task of the district court with regard to analyzing reliability is to determine whether the expert is qualified in the relevant field and to examine the methodology the expert used in reaching his conclusions. Rather, the Supreme Court held that the decision to apply some or all of the Daubert factors in a particular case lies within the district court's discretion. This can be done visually or by comparison … [5] The record is unclear as to whether Wiersema and Vanderkolk describe the same process, although the two processes do appear to be similar in many respects. In analyzing footwear impressions, examiners are taught to examine the two shoes for similarities in pattern, wear, design alignment, and size as well as for unique distinguishing characteristics such as any tears, rocks, or cuts in the outsole of the shoe. Gunshot residue lasts nearly forever. First, she examines the shoe impression taken from the crime scene ("the Unknown Impression") and makes an initial determination as to whether the Unknown Impression contains sufficient detail to yield reliable results. In time, Pinker and Jones earned the respect of detectives by proving that their evidence (a partial print or a tiny seed caught on a shoe or trouser leg) would incriminate or … See Plaza, 188 F. Supp. In order to do that, they dug two bullets from a wooden post on the property of Simpson’s mother, which Doyle had used as a shooting range. Compiled by Jiaxin Zhu, Liangcheng Yi, Wenqian Ma, Ziyue Zhu, and Guillem Esquius. Vanderkolk explained how, through his training, he is able to determine the dissimilarities between the shoes in this way: (Tr. With this conclusion, however, the court's present inquiry must come to an end. In court papers, investigators said the sneakers appear to match shoe prints found at the scene where Lloyd was fatally shot. Vanderkolk testified that the ACE-V method he described is subject to peer review in forensic journals and seminars and that this footwear examination science is generally accepted throughout the world. "Kumho, 526 U.S. at 149, 119 S. Ct. at 1175 (brackets in original) (quoting Daubert, 509 U.S. at 592, 113 S.Ct. Rule 702 provides: *863 Stated simply, a threshold matter under Fed.R.Evid. 93-5770 Argued: Decided: April 26, 1994 PER CURIAM. The shoeprint evidence in Flower’s case is rather weak. As noted previously, Pitzen did not testify and the Government represented at the hearing that Pitzen, had not, at the time of the hearing, followed the comparison techniques described by Wiersema and Vanderkolk. Pitzen has five years experience as a forensic examiner and has undergone substantial training in the areas of fingerprint, palm print, footwear, tire track and other physical comparisons. The court must leave it to the trier of fact to evaluate the "soundness of the factual underpinnings of the expert's analysis and the correctness of the expert's conclusions based on that analysis." At the evidentiary hearing, the Government offered the testimony of two witnesses to establish the scientific reliability of shoe print impression evidence in general. Gunshot residue is principally composed of burnt and unburnt particles from the explosive primer, and would be deposited when someone discharges a firearm. 29 Okorie Okorocha, ‘The Reliability Of Gunshot Residue’ (Los Angeles Forensic Toxicology Expert Witness, December 8, 2017) accessed March 8, 2019. ." Alicia Carriquiry, director of the Center for Statistics and Applications in Forensic Evidence research group at Iowa State University pointed out in an interview to APM Reports that the method “hasn’t been subjected to the kind of massive peer-reviewed testing that would be required to prove such a claim.”9, “The validity of the fundamental assumptions of uniqueness and reproducibility of firearms-related toolmarks has not yet been fully demonstrated.”10, “A significant amount of research would be needed to scientifically determine the degree to which firearms-related toolmarks are unique or even to quantitatively characterize the probability of uniqueness.” 11, “Sufficient studies have not been done to understand the reliability and repeatability of the methods.”12, Even if the fundamental assumption of guns leaving a unique mark is accepted, experts point out that the analysis is subjective: “what we’re actually talking about is somebody looking at two bullets and determining if they look similar,” “today this is still a largely subjective science,” and “you have this very undesirable situation where two examiners looking at the exact same samples might reach different conclusions.”13, Lack of consistent standard and guidelines, There is no fixed standard regarding the point in which the extent of agreement on individual characteristics between two sets of tool marks is enough to permit the identification of an individual tool or firearm nor any defined guidelines as to how should marks look like or with how many similar marks could one affirm a match with statistical significance. As discussed above, ballistics evidence is far behind what the National Academy of Science defines – a “precisely specified, and scientifically justified, series of steps that lead to results with well-characterized confidence limits,” and the same applies to shoeprint and gunshot residue evidence. Defense counsel will certainly have the opportunity to cross-examine Pitzen and inquire into this point. Thus, as the term "in limine" suggests, a court's decision on such evidence is preliminary in nature and subject to change. the value and importance of footprint evidence. Very large text size A Supreme Court jury has today found a man guilty of murdering his brother-in-law in a case where the key piece of evidence was a pair of size 7 Prada men's shoes. In order to look again, police asked a court to … [9] The court uses the term "science" loosely as it has noted that this body of impression evidence is more properly classified as technical or specialized knowledge as opposed to scientific evidence. Examiners compare shoe print evidence collected at a crime scene to the suspect's shoes using class characteristics (shoe brand, model and size) and accidentals — the unique patterns produced during wear. “There’s a solvability factor when looking at cold cases,” says Ryan Backmann, founder of the Florida-based organization Project: Cold Case. After a review of the legal standards to be applied to the admissibility of expert testimony, the Court shall consider these arguments. Unfortunately, latent crime scene prints are often low quality, reducing accurate identification of … Kumho Tire, 526 U.S. at 153, 119 S. Ct. at 1176-1177. Shoe print evidence can appear in dust on a surface like the vehicle in the Plano case, in dirt, mud and even in snow. According to Wiersema, this process is typically used for dust impression or wet origin impressions. Because the subset of shoes that has a particular set of class characteristics is small, class characteristics are very p… p. 30). Here, whether the shoe impression taken from the bank is similar to the shoe the Defendant was wearing at the time of his arrest is certainly relevant to the jury's determination of the disputed issue of whether the Defendant was, in fact, in the bank as alleged by the Government. Here, both Wiersema and Vanderkolk testified as to the specialized nature of obtaining footwear impression evidence. After the liquid solidifies, the casting can be picked up as one … There is no defined threshold of matching characteristics that must be surpassed, nor are there any studies that associate the number of matching characteristics with the probability that the impressions were made by a common source. However, they are optimist about the possible results of scaling up the study “with much larger and more diverse datasets”.23. Wiersema set forth the process she undertakes in obtaining footwear impression evidence in this way. The Mississippi Crime Lab in Jackson matched the bullets. When police investigators arrived at a double-murder scene on March 28, 1985, they found a distinctive shoe print in a flower bed outside the Whittier home. (2014) Suicide by hanging: a case study of 334 cases. Mar.13, 2002) (FBI fingerprint expert could testify as to his opinions since "ACE-V" fingerprint identification technique or its equivalent was in widespread use and there was evidence that FBI fingerprinting experts very seldom made erroneous determinations); United States v. Martinez-Cintron, 136 F. Supp. A 1995 study sending questionnaires to forensic laboratories across the world showed that shoeprint was the most common impression evidence examined by those laboratories.24, The goal of impression evidence analysis is to identify a specific source of the impression, and the analytical process that this follows generally is an accepted sequence: (i) identifying the class (or group) characteristics of the evidence, and (ii) followed by locating and comparing individual identifying (also termed accidental or random) characteristics.25, With respect to shoeprints, class characteristics are “an intentional or unavoidable characteristic that repeats during the manufacturing process and is shared by one or more other shoes” such as design, pattern, size, and shape; and, individual identifying characteristics are caused by wear and tear, such as cuts, scratches, gouges, holes, or random inclusions that result from manufacturing.26. Kumho further indicates that in assessing reliability the district courts are entitled to be "flexible" and are not required to consider the familiar Daubert "factors" (i.e., whether a theory or technique can be or has been tested, whether it has been subjected to peer review and publication, whether it has a known or potential error rate, and whether it enjoys a general acceptance within a relevant scientific community) in every case involving expert testimony. "A district court should not make a Daubert determination when the record is not adequate to the task," Jahn v. Equine *869 Services, PSC., 233 F.3d 382 (6th Cir. JavaScript seems to be disabled in your browser. Because the investigators only found the shoe box instead of the shoes, Joe Andrews and his laboratory could only compare the class characteristics but not the individual identifying characteristics of the shoeprint, which could only lead to a very broad conclusion. For this reason, the Defendant argues, the jury could draw its own conclusions from the evidence without the aid of an "expert.". Drug policy development and implementation as well. And I certainly do not think the *866 average lay person would notice the subtle differences that occur between three molds of a size ten . A supplemental Daubert hearing relating to the specific testimony to be offered by Pitzen at trial will be held on June 13, 2002 at 3:00 p.m. [1] Wiersema has a professional certification as a Footwear Examiner by the International Association for Identification Footwear Certification Board, Bachelor of Science degree in Chemistry from St. Louis University, and she has completed the course work for a Master's Degree from California State University. pp. She also identifies any unique identifying characteristics such as cuts, tears or rocks in the outersole. 702; see also, Kumho Tire Co., 526 U.S. at 141 (extending Daubert's main holding to technical and other non-scientific experts). As a result, the court concludes that the methodology of footwear impression evidence described by the Government witnesses is reliable and meets the standards for admissibility of expert testimony. 2d 549 (E.D.Pa. Accordingly, the court finds that the methodology described by the Government witnesses is reliable. At that time, the court may then be able to make an ultimate determination as to whether Pitzen may offer his expert opinion.[8]. Finally, Verification occurs through an outside or independent examiner who re-examines the conclusions drawn through the ACE process. Wiersema further examines the impressions for wear, noting whether the wear is in the same location on both impressions. Judge Pollack stated: At the upcoming trial, the presentation of expert fingerprint testimony by the government, and the presentation of countering expert fingerprint testimony by any of the defendants, will be subject to the court's oversight prior to presentation of such testimony before the jury, with a view to insuring that any proposed expert witness possesses the appropriate expert qualifications and that fingerprints offered in evidence will be of a quality arguably susceptible of responsible analysis, comparison and evaluation. This has caused most gunshot residue examiners to downgrade the three parts particle from “unique” to “characteristic”.31, The standards for expressing an opinion in one crime laboratory may be very quantitatively different than the standards in another laboratory.32, One conducting the test must have unique particles to opine that the source of the elements is from gunshot residue and that characteristic particles support the uniqueness. § 2113(a). He described the Analysis as a three step process which involves the examiner looking at the detail in the unknown impression, studying and evaluating that detail, and then examining the known image. Have them carefully analyze the print and record any details about them. Finally, as the Government points out, the use of expert testimony in this case also serves as a prophylactic measure for the defendant in that it prevents a jury comprised of untrained eyes from evaluating the forensic evidence in this case and reaching what is, perhaps, an erroneous conclusion clearly not supported by the forensic evidence. STANSBURY v. CALIFORNIA(1994) No. The shoe print said to be a woman's shoe was attributed to Amanda. Both explained that the critical comparison phase of the analysis, while it may appear to Defendant to be a simple matching process not requiring any specialized skill, requires a critically trained eye to ensure accurate results. The answer to this question varies widely from lab to lab across the United States and in the United Kingdom.33, Jurors, and sometimes judges, can be confused or misled when a crime laboratory reports an unqualified finding of the presence of gunshot residues. What this documentation does not tell the court, however, is Pitzen's proficiency in obtaining impression evidence, how frequently he utilizes his training in the area of impression evidence, how often he is proficiency tested, etc. The Government concedes that Pitzen will not and cannot positively identify the shoe the defendant was wearing as the shoe print left at the scene of the bank burglary, only that the Defendant's shoe "could be" the shoe that was in the bank. Under Daubert and its progeny, a party proffering expert testimony must show by a "preponderance of proof" that the expert whose testimony is being offered is qualified and will testify to scientific knowledge that will assist the trier of fact in understanding and disposing of issues relevant to the case, see Daubert, 509 U.S. at 592 n. 10, 113 S. Ct. at 2796. [4] Wiersema described a "wet origin impression" as one that occurs after a damp shoe walks across a floor and the footprint dries. the trial judge must determine whether the testimony has `a reliable basis in the knowledge and experience of [the relevant] discipline.' Next, the footwear expert most obtain a suspect’s known shoes in order make an assessment as to the possible origin of the questioned print(s). Footwear evidence is often the most abundant form of evidence at a crime scene and in some cases can prove to be as specific as a fingerprint. Thus, the first prong of Rule 702 tests the reliability of the testimony; the second prong tests its relevance. It did submit, in its request for a hearing, Pitzen's curriculum vitae which describes Pitzen's qualifications and training in the area of forensic science. In response, the Government contends that Pitzen's proposed testimony is reliable and will aid the jury in its determination of the facts of the case. Shoe impressions or footprint impression evidence can be used to connect a culprit to the crime. They cannot appreciate the significance of contamination if it is not mentioned in the results and without this information the case may go ahead without the gunshot residue findings being challenged.34. Kumho, 526 U.S. at 141, 119 S. Ct. at 1171 and 1176. With respect to the rate of error in the ACE-V process, Vanderkolk testified that the error rate of the process itself is zero, meaning that based upon the science, the shoe either did or did not make the impression. Footwear evidence can provide investigators with certain information that can assist them in locating a suspect. As we have seen, the landmark report from the National Academy of Sciences20 pointed out the major problems causing unreliability in the currently employed methodology. Briefing concluded on June 3, 2002. Impressions at scenes can be collected in several different ways. In addition, the bibliography submitted lists six other books including: Handbook of Forensic Science and the Crime Scene Search and Physical Evidence Handbook published by the U.S. Government Printing Office; Crime Investigation, authored by Paul Kirk; Tire Imprint Evidence, by Peter McDonald; Forensic Science Handbook, by Richard Saferstein. She has a plethora of professional affiliations relating to her field of study including the following: Member and past president of the California Association of Criminalists, Member of the Criminalistics Section of the American Academy of Forensic Sciences, Member of the International Association for Identification, Member of the Mid-Atlantic Association of Forensic Scientists, Chairperson of the International Association for Identification Footwear Certification Board. (Tr. However, no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source. Next, Wiersema photographs the shoe submitted for comparison ("the Known Shoe") to record the condition in which she received the shoe. Walker, 208 F.3d at 587 (7th Cir.2000). Both described a similar process whereby test impressions are made and critically compared to one another by qualified, trained, and experienced examiners. Thus, the only evidence presently before the Court in response to the Defendant's motion is the general methodology regarding footwear impressions. Print off the Culprit Shoe Impression sheet and 3 copies of the Suspect Shoe Impression sheet. at 2786). Because many people in this country shoot guns and the things in their lives are covered with gunshot residue, an individual will be covered with gunshot residue when he or she comes in contact with these people or anything they touched.28 On the other hand, it can be easily tampered with and altered. Glass Evidence reference database Th s database conta ns more than 700 ... match the shoe print. Yet neither Daubert or Kumho Tire require an expert to have an opinion on the ultimate question to be resolved by the trier of fact. See Tr. Further, having an expert explain how he reached his conclusions and subjecting those conclusions to vigorous cross-examination is helpful to the jury in that it aids the jury in determining the reliability of the expert's testimony. DNA TESTING IGNIS Forensics Services will collect & review DNA samples/collections as well as review lab results. He is a certified law enforcement instructor and has instructed numerous groups in latent fingerprint processing (a process similar to the science of footwear impressions) and in evidence collection and packaging. p. For instance, are there a minimum number of similarities that must be present before an examiner may draw a conclusion? (Tr. Id. A 2016 report from the President’s Council of Advisors on Science and Technology entitled “Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods”, identified “one notable advance since 2009”: “the completion of the first appropriately designed black-box study of firearms. By doing so, they reduce the risk that the marks on the bullet are due to the impact and not to the barrel’s “fingerprint.”8, The scientific community has simply not been able to prove that a gun will produce a unique mark, which is the fundamental assumption of ballistics evidence. Joe Andrews, a forensic scientist specializing in trace evidence, testified at trial that Flowers’s gunshot residue test revealed one particle of gunshot residue on the back of Flowers’s right hand. p. 38). Frey v. Chicago Conservation Ctr., 119 F. 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