1. The State of Things Six Years after the NAS Report March 23, 2015 © 2015 Diane MB Savage, Atty at law, Pres. NCAST Lisa Miles, Atty at law

2. How It All Started For Me Heroin Case in DC Heroin Case in DC Analyst Was Guessing at Results Analyst Was Guessing at Results Cases Dismissed Cases Dismissed Interest in George Goode’s Case Interest in Challenging Forensic Evidence

3. TRUST BUT VERIFY A simple idea underpins science A simple idea underpins science Trust but Verify Trust but Verify Results should always be subject to challenge Results should always be subject to challenge

4. Problem with Modern Science Success can breed complacency Success can breed complacency Modern Scientists doing too much trusting and not enough verifying Modern Scientists doing too much trusting and not enough verifying This to the detriment of the whole of science and of humanity. This to the detriment of the whole of science and of humanity.

5. Half of Published Research Cannot be Verified Some say it’s more! Some say it’s more! A group at Bayer could repeat just one quarter of 67 similarly important papers. A group at Bayer could repeat just one quarter of 67 similarly important papers. In 2000-2010, 80,000 patients took part in clinical trials based on research that was later retracted because of mistakes or improprieties. (The Economist 10/19/13) In 2000-2010, 80,000 patients took part in clinical trials based on research that was later retracted because of mistakes or improprieties. (The Economist 10/19/13)

6. So Where Does That Leave Us? FIX IT! FIX IT! Transparency Transparency Make Protocols Available in Advance Make Protocols Available in Advance Data should be open for others to inspect Data should be open for others to inspect Tighten Peer Review Tighten Peer Review Post Publication Review with appended comments. (has worked well in mathematics and physics) Post Publication Review with appended comments. (has worked well in mathematics and physics) (Economist, 10/19/13) (Economist, 10/19/13)

7. Forensic Science – In Trouble! NAS report exposed various disciplines in forensic science that had very little scientific foundation. NAS report exposed various disciplines in forensic science that had very little scientific foundation. Real problem is “things haven’t moved on since then”. (Nature 2/15/15) Real problem is “things haven’t moved on since then”. (Nature 2/15/15)

8. JUSTICE DEMANDS GOOD SCIENCE Courts cannot now blindly follow precedent that rests on unfounded scientific premises. Courts cannot now blindly follow precedent that rests on unfounded scientific premises. This will and has led to unjust results. This will and has led to unjust results. Costly to taxpayers. Costly to taxpayers.

9. Why Aren’t Things Changing? The great number of exonerations and crime lab scandals has increased recognition of deficiencies with forensic evidence. Forensic evidence presented in court is at times based on speculative research, subjective interpretations, and inadequate quality control procedures.

10. NAS REPORT Still Under the Radar? On February 18, 2009, the National Research Council (NRC) of the National Academy of Sciences (NAS) issued a report to Congress sharply critical of the forensic science system in the U.S., finding an inconsistent system rife with “serious deficiencies.”report

11. Problems Here and Everywhere What’s wrong with the SBI crime lab and many forensic crime labs in general? What’s wrong with the SBI crime lab and many forensic crime labs in general? What’s been done about it? What’s been done about it? What can we do about it? What can we do about it? See list of Crime Lab and Forensic Scandals www.nacdl.org See list of Crime Lab and Forensic Scandals www.nacdl.org

12. Prison for Chemist Annie Dookhan Declared drug samples positive that she didn’t bother to test. Declared drug samples positive that she didn’t bother to test. Tampered with evidence. Tampered with evidence. Forged signatures. Forged signatures. Lied about her credentials. Lied about her credentials. NY Times 11/22/13 NY Times 11/22/13

13. Pled Guilty to 27 Counts Obstruction of Justice Obstruction of Justice Perjury Perjury Tempering with Evidence Tempering with Evidence 3-5 years Prison term 3-5 years Prison term 2 years Probation 2 years Probation

14. What about the Audit? An audit of her work in 2010 found NOTHING WRONG! An audit of her work in 2010 found NOTHING WRONG! What does that say about audits? What does that say about audits? Who audits the lab in NC? Who audits the lab in NC?

15. Head in Sand Attitude Problems that plague the forensic science community have been well understood for quite some time by scientists – not so much by the legal community, or have they? Problems that plague the forensic science community have been well understood for quite some time by scientists – not so much by the legal community, or have they?

16. Call For Help Long Ago Congress passed legislation in 2005 directing the National Academy of Sciences to create an independent committee to study the forensic science community. Congress passed legislation in 2005 directing the National Academy of Sciences to create an independent committee to study the forensic science community.

17. NAS Report Now 6 years old Except for Nuclear DNA, No forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, Except for Nuclear DNA, 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. NAS Report S-5 February, 2009

18. NAS RECOMMENDATIONS Remove all public forensic labs and facilities from the control of law enforcement agencies or prosecution offices Remove all public forensic labs and facilities from the control of law enforcement agencies or prosecution offices Establish independent federal entity National Institute of FS Establish independent federal entity National Institute of FS Purpose - independent accreditation and oversight of forensic scientists and forensic labs Purpose - independent accreditation and oversight of forensic scientists and forensic labs

19. Hon. Harry T. Edwards Little research to confirm the validity and reliabilty of forensic disciplines Little research to confirm the validity and reliabilty of forensic disciplines Little research programs on human observer bias and sources of human error in forensic examinations Little research programs on human observer bias and sources of human error in forensic examinations Lack of autonomy of crime laboratories Lack of autonomy of crime laboratories Absence of rigorous mandatory certification requirements for practitioners Absence of rigorous mandatory certification requirements for practitioners Absence of uniform mandatory accreditation programs for labs Absence of uniform mandatory accreditation programs for labs Failure to adhere to robust performance standards Failure to adhere to robust performance standards Failure of forensic experts to use standard terminology in reporting on and testifying about the results of forensic science investigations Failure of forensic experts to use standard terminology in reporting on and testifying about the results of forensic science investigations Lack of effective oversight Lack of effective oversight Gross shortage of adequate training and continuing education of practitioners Gross shortage of adequate training and continuing education of practitioners

20. Carol Henderson past president of the American Academy of Forensic Sciences to AAFS members “We have been presented with an opportunity to make forensic science serve justice even more reliably and effectively.” “We have been presented with an opportunity to make forensic science serve justice even more reliably and effectively.”

21. January 10, 2014 DOJ and NIST National Commission on Forensic Science

22. Members Work to improve practice of forensic science Work to improve practice of forensic science Develop guidelines re: intersection s between FS and CJ system Develop guidelines re: intersection s between FS and CJ system Develop uniform codes for professional responsibility Develop uniform codes for professional responsibility Requirements for formal training and certification Requirements for formal training and certification 15 police, prosecutors, judges 10 academics 6 others include 2 NIST and the Director VA Dept. of Forensic Science 0 Independent Defense lawyers (3 PD types) Bottom line – 1% representing defense

23. The White House Sub-Committee Report – 5/14 http://aafs.org/sites/default/files/2015/ http://aafs.org/sites/default/files/2015/ http://aafs.org/sites/default/files/2015/ Non- Meeting/WHITE_HOUSE%20SUB_COMMIT TEE_FS_REPORT.pdf Non- Meeting/WHITE_HOUSE%20SUB_COMMIT TEE_FS_REPORT.pdf Non- Meeting/WHITE_HOUSE%20SUB_COMMIT TEE_FS_REPORT.pdf Non- Meeting/WHITE_HOUSE%20SUB_COMMIT TEE_FS_REPORT.pdf

24. SWECKER REPORT This report raises serious issues about laboratory reporting practices from 1987-2003 and the potential that information that was material and even favorable to the defense of criminal charges filed was withheld or misrepresented. The factors that contributed to these issues range from poorly crafted policy; lack of objectivity, the absence of clear report writing guidance; inattention to reporting methods that left too much discretion to the individual Analyst: lack of transparency; and ineffective management and oversight of the Forensic Biology Section from 1987 through 2003.

25. A series of Findings and Recommendations were made to address these issues including an immediate notification to the appropriate District Attorney to review the listed cases and notify any convicted defendants who may have been adversely impacted; a legal review of the Lab’s reporting methods; enhanced training; more transparency in the Lab’s policies and procedures and the designation of an Ombudsman position to review and quickly act on information regarding potential laboratory issues and errors.

26. North Carolina’s response Lab Accreditation/New Lab Procedures Lab Accreditation/New Lab Procedures State Crime Lab (SBI lab) – new procedures went into effect Sept. 17, 2012 State Crime Lab (SBI lab) – new procedures went into effect Sept. 17, 2012 http://www.ncdoj.gov/About-DOJ/State-Bureau-of- Investigation/Crime-Lab/ISO-Procedures.aspx http://www.ncdoj.gov/About-DOJ/State-Bureau-of- Investigation/Crime-Lab/ISO-Procedures.aspx http://www.ncdoj.gov/About-DOJ/State-Bureau-of- Investigation/Crime-Lab/ISO-Procedures.aspx http://www.ncdoj.gov/About-DOJ/State-Bureau-of- Investigation/Crime-Lab/ISO-Procedures.aspx Request lab procedures in discovery! Request lab procedures in discovery! Put into place without review by NC Forensic Science Advisory Board Put into place without review by NC Forensic Science Advisory Board Have been updated many times since Sept. 17, 2012 Have been updated many times since Sept. 17, 2012

27. Recommendations 1. Select a team or a person in the office to be the “forensic experts”. 2. Train them in the various disciplines. 3. Have them available for consultation on specific cases. 4. Update training materials as needed. 5. Begin to formulate motions to challenge forensic evidence routinely and to educate judges about the NAS report and the Swecker report. 6. Identify and educate DAs who don’t want to use bad forensic evidence in their cases (or strive to be one yourself).

28. DON’T BE SCARED - LEARNING THIS WON’T HURT YOU - LEARNING THIS WON’T HURT YOU - NOT LEARNING THIS WILL HURT OR WORSE YET, KILL YOUR CLIENT - NOT LEARNING THIS WILL HURT OR WORSE YET, KILL YOUR CLIENT - SCIENCE IS LIKE BAKING – IT MUST BE PRECISE

29. Not learning can kill your client 325 DNA Exonerations Nationwide 325 DNA Exonerations Nationwide 154 Improper or Unvalidated Forensic Science (Innocence Project.org) 154 Improper or Unvalidated Forensic Science (Innocence Project.org)

30. KNOW THE BASICS: THINGS CAN AND DO GO WRONG HUMAN AND TECHNICAL ERRORS HUMAN AND TECHNICAL ERRORS MISLABELING MISLABELING MISRECORDING MISRECORDING MISREPRESENTATIONS MISREPRESENTATIONS CASE MIX UPS CASE MIX UPS CONTAMINATIONS CONTAMINATIONS INTERPRETIVE ERRORS INTERPRETIVE ERRORS FALSE POSITIVES FALSE POSITIVES FALSE NEGATIVES FALSE NEGATIVES PROBLEMS WITH INSTRUMENTS PROBLEMS WITH INSTRUMENTS PROBLEMS WITH ANALYST AND /OR METHODS PROBLEMS WITH ANALYST AND /OR METHODS

31. How to get the info Discovery/ Brady Discovery/ Brady Subpoena deuces tecum Subpoena deuces tecum Freedom of Information Act request Freedom of Information Act request Public Record Request Public Record Request Online Sources/ Libraries Online Sources/ Libraries

32. THE STATE’S RESPONSE Too Burdensome Too Burdensome -How much time will it take? Not a public document Not a public document Privacy Issues/ Official Privilege/Specific privilege Privacy Issues/ Official Privilege/Specific privilege Overbroad Overbroad The Documents Do Not Exist The Documents Do Not Exist -Why not? Is there another name for the document?

33. Questions to ask Is it an ethical violation for prosecutors to offer evidence with a statement of individualization given the NAS report and the Swecker report? Is it an ethical violation for prosecutors to offer evidence with a statement of individualization given the NAS report and the Swecker report? Are we as defense attorneys ineffective if we do not have the knowledge necessary to effectively litigate the scientific issues in the case? Are we as defense attorneys ineffective if we do not have the knowledge necessary to effectively litigate the scientific issues in the case?

34. What Must Be Done Learn the science for each discipline Learn the science for each discipline Find an expert to consult and assist Find an expert to consult and assist Make sure you have complete discovery Make sure you have complete discovery Evaluate the evidence carefully Evaluate the evidence carefully Plan your strategy Plan your strategy Challenge admissibility pre-trial Challenge admissibility pre-trial Challenge the testimony of the forensic scientist Challenge the testimony of the forensic scientist Present expert testimony Present expert testimony

35. LAB REPORTS ALONE ARE USELESS: MUST GET BENCH NOTES BENCH NOTES PROTOCOLS PROTOCOLS PROCEDURES PROCEDURES TRAINING MANUALS TRAINING MANUALS QUALITY CONTROL MANUALS QUALITY CONTROL MANUALS CRIME LAB DIRECTIVES CRIME LAB DIRECTIVES PROFICIENCY STUDIES PROFICIENCY STUDIES VALIDATION STUDIES VALIDATION STUDIES CHAIN OF CUSTODY LOG CHAIN OF CUSTODY LOG LOG OF CHEMICALS/DATES EXPIRATION LOG OF CHEMICALS/DATES EXPIRATION

36. CONCLUSIONS NOT ENOUGH POSITIVE FOR THE PRESENCE OF BLOOD POSITIVE FOR THE PRESENCE OF BLOOD Must find out scientifically: STEP 1 – COULD IT BE BLOOD? STEP 2 – IS IT BLOOD? STEP 3 – IS IT HUMAN BLOOD? STEP 4 – DNA TO INDIVIDUALIZE (DNA EXTRACT FROM SEMEN, BLOOD, TEETH, BONE, SALIVA, SKIN CELLS, HAIR, URINE) (DNA EXTRACT FROM SEMEN, BLOOD, TEETH, BONE, SALIVA, SKIN CELLS, HAIR, URINE) - DNA MATCH – Not enough info

37. WHY? FALSE POSITIVES HORSERADISH, TOMATO, TURNIP, JERUSALEM ARTICHOKE, POTATO, CUCUMBER HORSERADISH, TOMATO, TURNIP, JERUSALEM ARTICHOKE, POTATO, CUCUMBER SOME FRUIT EXTRACTS SOME FRUIT EXTRACTS SOME METALLIC SUBSTANCES SOME METALLIC SUBSTANCES BACTERIA BACTERIA

38. WRONG RESULT IF PINK AFTER ADDITION OF PHENOLPHTHALEIN BUT BEFORE ADDITION OF HYDROGEN PEROXIDE IF PINK AFTER ADDITION OF PHENOLPHTHALEIN BUT BEFORE ADDITION OF HYDROGEN PEROXIDE REACTION OCCURS 5 SECONDS AFTER ADDITION OF HYDROGEN PEROXIDE REACTION OCCURS 5 SECONDS AFTER ADDITION OF HYDROGEN PEROXIDE REACTON AFTER 5 SECONDS N.G. REACTON AFTER 5 SECONDS N.G. NO REFRIGERATION NO REFRIGERATION

39. AREAS TO CROSS EXAMINE ANALYST EDUCATION EDUCATION TRAINING AND EXPERIENCE TRAINING AND EXPERIENCE BIAS BIAS LAB PROBLEMS LAB PROBLEMS HANDLING OF SPECIMENS HANDLING OF SPECIMENS STANDARDS AND CONTROLS STANDARDS AND CONTROLS INTEGRITY OF SAMPLES INTEGRITY OF SAMPLES RECORDING OF THE DETAILS RECORDING OF THE DETAILS

40. DNA IS NOT A BLOOD TEST DEOXYRIBONUCLEIC ACID NO DNA TEST CAN TELL YOU NO DNA TEST CAN TELL YOU TIMING OF DNA DEPOSIT TIMING OF DNA DEPOSIT IDENTIFICATION OF CELL SOURCE IDENTIFICATION OF CELL SOURCE CIRCUMSTANCES HOW DNA WAS DEPOSITED CIRCUMSTANCES HOW DNA WAS DEPOSITED

41. STATE V. GEORGE GOODE POST CONVICTION POST CONVICTION STATE WANTS TO UPHOLD CONVICTION STATE WANTS TO UPHOLD CONVICTION USES DNA 12 YRS. LATER TO TRY USES DNA 12 YRS. LATER TO TRY

42. NO BLOOD ON MR. GOODE 1993 1993 TWO TESTS ON COVERALLS NEGATIVE TWO TESTS ON COVERALLS NEGATIVE LOOKING FOR “INVISIBLE BLOOD ON BOOTS” LOOKING FOR “INVISIBLE BLOOD ON BOOTS” SOLES OF BOOTS NEGATIVE SOLES OF BOOTS NEGATIVE TOP OF LEFT BOOT “POSITIVE FOR THE PRESENCE OF BLOOD” TOP OF LEFT BOOT “POSITIVE FOR THE PRESENCE OF BLOOD” MENTIONS “BLOOD” OVER 20 TIMES MENTIONS “BLOOD” OVER 20 TIMES “THINK ABOUT THE BLOOD ON THE BOOTS” “THINK ABOUT THE BLOOD ON THE BOOTS”

43. DOESN’T MENTION PRESUMPTIVE TEST ONLY ON BOOTS PRESUMPTIVE TEST ONLY ON BOOTS “VERY SLIGHT LEFT BOOT, CAN’T SEE ANY SPOTS” “VERY SLIGHT LEFT BOOT, CAN’T SEE ANY SPOTS” NEVER DID A CONFIRMATORY TEST TO IDENTIFY “SUBSTANCE” WAS ACTUALLY BLOOD NEVER DID A CONFIRMATORY TEST TO IDENTIFY “SUBSTANCE” WAS ACTUALLY BLOOD

44. HOW TO MAKE CONVICTION STICK 2004 2004 SBI AGENTS SAY SEE A PHANTOM STAIN ON COVERALLS SBI AGENTS SAY SEE A PHANTOM STAIN ON COVERALLS PROSECUTOR SAYS PROBABLY BLOOD PROSECUTOR SAYS PROBABLY BLOOD NOW LAB CAN DO DNA NOW LAB CAN DO DNA LET’S DO IT LET’S DO IT

45. THE PLOT THICKENS

46. A PICTURE IS WORTH A THOUSANDS WORDS

51. IF IT ISN’T OBVIOUS CO-MINGLED CLOTHES OF VICTIMS AND THREE DEFENDANTS CO-MINGLED CLOTHES OF VICTIMS AND THREE DEFENDANTS BLOODY TAILGATE IN BIN BLOODY TAILGATE IN BIN NOT INDIVIDUALLY PACKAGED NOT INDIVIDUALLY PACKAGED RE-PACKAGED RE-PACKAGED DISINTEGRATED BAGS DISINTEGRATED BAGS HANDLING BY NUMEROUS PEOPLE W/O GLOVES AND W/O CHANGING GLOVES HANDLING BY NUMEROUS PEOPLE W/O GLOVES AND W/O CHANGING GLOVES SHAKING CLOTHES SHAKING CLOTHES

52. Evidence will be returned un-worked if: The items were improperly packaged or preserved. The items were improperly packaged or preserved. The items appear to have been contaminated. The items appear to have been contaminated. The evidence was examined by another agency or lab prior to submission. The evidence was examined by another agency or lab prior to submission. Stardard needed for comparison is not submitted. Stardard needed for comparison is not submitted. NC Crime lab PPT slide - 1/13/14

53. THE ONION AND THE CAKE CONTAMINATION CONTAMINATION CLEAN UP PRCEDURE - TECHNICAL PROCEDURE MANUAL: DNA UNIT DECONTAMINATION AND CLEAN UP PROTOCOL

54. CHAIN OF CUSTODY NO CHAIN OF CUSTODY UNTIL WELL AFTER MAR FILED (STARTS 9/98) NO CHAIN OF CUSTODY UNTIL WELL AFTER MAR FILED (STARTS 9/98) TRIALS IN 1993 AND 1994 TRIALS IN 1993 AND 1994 EVIDENCE COLLECTED 1992 EVIDENCE COLLECTED 1992

55. NO CONFIRMATION BLOOD AGENT SAID CHEMICALS OUT OF DATE AND CAN’T REPORT AGENT SAID CHEMICALS OUT OF DATE AND CAN’T REPORT DIDN’T TRY AGAIN DIDN’T TRY AGAIN

56. TRACE EVIDENCE LOOKS 70 X MICROSCOPE 70 X MICROSCOPE STAINS ON COVERALLS STAINS ON COVERALLS STILL NO CONFIRMATION STILL NO CONFIRMATION CUTS OUT AND CO-MINGLES CUTS OUT AND CO-MINGLES STAINS ON BOTTOM OF BOOT STAINS ON BOTTOM OF BOOT CUTS AND CO-MINGLES CUTS AND CO-MINGLES AGENT CLAIMS “BLOOD” DEPOSITED AT TIME OF CRIME AGENT CLAIMS “BLOOD” DEPOSITED AT TIME OF CRIME “I KNOW BLOOD WHEN I SEE IT” “I KNOW BLOOD WHEN I SEE IT”

57. SBI CONDUCTS DNA LAB GETS RE-PACKAGED EVIDENCE LAB GETS RE-PACKAGED EVIDENCE AGENT DOESN’T INFORM LAB HOW EVIDENCE WAS KEPT AGENT DOESN’T INFORM LAB HOW EVIDENCE WAS KEPT GEL ELECTROPHORESIS (Validated for over a year) GEL ELECTROPHORESIS (Validated for over a year) FAILED TO GIVE RESULT (No DNA bands) FAILED TO GIVE RESULT (No DNA bands) CAN SEE EXTRA BANDS IN STANDARD (Indicative of Contamination) CAN SEE EXTRA BANDS IN STANDARD (Indicative of Contamination)

58. DIDN’T END THERE DIDN’T END THERE CAPILLARY ELECTROPHORESIS CAPILLARY ELECTROPHORESIS 3100 – 16 SAMPLES AT A TIME; 20-30 MINUTES TO DO A RUN (sensitive to.5 nanogram of DNA;.1 nanogram can give full profile using known samples) 3100 – 16 SAMPLES AT A TIME; 20-30 MINUTES TO DO A RUN (sensitive to.5 nanogram of DNA;.1 nanogram can give full profile using known samples) Gels use 1 nanogram compared to.5 nanogram on 3100 Gels use 1 nanogram compared to.5 nanogram on 3100 SEE EXTRA PEAKS – JUST DILUTE THEM OUT. (DILUTED 1:10 TO GET RID OF SMALLER PEAKS) SEE EXTRA PEAKS – JUST DILUTE THEM OUT. (DILUTED 1:10 TO GET RID OF SMALLER PEAKS) BECAUSE LESS DNA WAS ADDED TO THE SAMPLE, SMALL PEAKS GONE BECAUSE LESS DNA WAS ADDED TO THE SAMPLE, SMALL PEAKS GONE

59. CHANGE THE REPORT IF THE FIRST DOESN’T SUIT 5/28/04 The DNA profile obtained from the cuttings from the coveralls is consistent with a mixture. The DNA profiles obtained from the standards submitted for the victims cannot be excluded as a contributor to the mixture. Additional bands were present which cannot be accounted for by the standards submitted. No population frequency data were generated for this item. 5/28/04 The DNA profile obtained from the cuttings from the coveralls is consistent with a mixture. The DNA profiles obtained from the standards submitted for the victims cannot be excluded as a contributor to the mixture. Additional bands were present which cannot be accounted for by the standards submitted. No population frequency data were generated for this item. The DNA profile obtained from the left boot matched the DNA profile obtained from the male victim. The DNA profile obtained from the left boot matched the DNA profile obtained from the male victim. 6/16/04 The DNA profile obtained from the cutting from the coveralls is consistent with a mixture. The DNA profiles obtained from the standards submitted for the victims cannot be excluded as a contributor to the mixture. No population frequency data were generated for this item. The DNA profile obtained from the left boot matched the DNA profile obtained from the male victim.

60. DID I MENTION – ANALYST NOT PROFICIENT? FREEMAN NOT PROFICIENT AT TIME OF TEST FREEMAN NOT PROFICIENT AT TIME OF TEST NEVER GIVEN A BLIND PROFICIENCY TEST NEVER GIVEN A BLIND PROFICIENCY TEST ONLY ONE OF THREE MACHINES “VALIDATED” (MONTH BEFORE) ONLY ONE OF THREE MACHINES “VALIDATED” (MONTH BEFORE) MANUAL WRONG – SAID 80%VARIATION, MEANT 20% (MANUAL NOT EVEN COMPLETED) MANUAL WRONG – SAID 80%VARIATION, MEANT 20% (MANUAL NOT EVEN COMPLETED)

61. DISGUSTING, BUT NOT SURPRISING DNA MATCH ON BOOTS DNA MATCH ON BOOTS DNA MIXTURE ON COVERALLS DNA MIXTURE ON COVERALLS STATE CLAIMS DEAVER MUST HAVE BEEN RIGHT – EVEN THOUGH SUBSTANCE ON BOTTOM OF BOOT HAD NOTHING TO DO WITH TOP OF BOOT STATE CLAIMS DEAVER MUST HAVE BEEN RIGHT – EVEN THOUGH SUBSTANCE ON BOTTOM OF BOOT HAD NOTHING TO DO WITH TOP OF BOOT

62. IF IT LOOKS LIKE A DUCK AND QUACKS LIKE A DUCK AND QUACKS LIKE A DUCK IT’S A DUCK IT’S A DUCK “UP TO HIS ANKLES IN BLOOD” CLAIMS THE STATE

63. IN SCIENCE IF IT LOOKS LIKE A DUCK AND QUACKS LIKE A DUCK IF IT LOOKS LIKE A DUCK AND QUACKS LIKE A DUCK YOU MUST PROVE IT IS A DUCK YOU MUST PROVE IT IS A DUCK

64. EXPERT COMPLAINS WRITES TO ASCLD-LAB WRITES TO ASCLD-LAB SO SCIENTIFICALLY INAPPROPRIATE SO SCIENTIFICALLY INAPPROPRIATE HIGHLY RECOMMEND COMPLETE INVESTIGATION HIGHLY RECOMMEND COMPLETE INVESTIGATION INTO ALL CASES AGENT PERFORMED TESTING ON ITEMS WITH NO SUPPORTING SEROLOGY REPORTS INTO ALL CASES AGENT PERFORMED TESTING ON ITEMS WITH NO SUPPORTING SEROLOGY REPORTS CASE HAS APPEARANCE WHERE EVIDENCE WAS SLANTED OR MANUFACTURED TO SUPPORT PROSECUTING ATTY’S CASE CASE HAS APPEARANCE WHERE EVIDENCE WAS SLANTED OR MANUFACTURED TO SUPPORT PROSECUTING ATTY’S CASE

65. Judge Howard’s Order falsely portrayed to the jury that he conducted a test for blood which indicated blood, not some substance which might be blood, Further, the prosecutor reinforced the misleading testimony by arguing during closing in listing the evidence of petitioner's guilt for the jury to "think about the blood on the boots. his misleading testimony is imputed to the State. agreed with the attorneys' characterization of the substance as blood without clarifying the limits of the test.

66. OF COURSE THERE’S MORE

67. SBI HAS A PROBLEM CATAWBA COUNTY – STATE V. LABOY CATAWBA COUNTY – STATE V. LABOY SBI REFUSED PROTOCOLS AND ELECTRONIC DATA W/O COURT ORDER SBI REFUSED PROTOCOLS AND ELECTRONIC DATA W/O COURT ORDER NEVER ALLOW ON SITE INSPECTION NEVER ALLOW ON SITE INSPECTION BEAL SUPPRESSED DNA EVIDENCE BEAL SUPPRESSED DNA EVIDENCE lab said sperm came from female lab said sperm came from female tests showed male client was female tests showed male client was female

68. STILL MORE STATE V. LESLIE LINCOLN STATE V. LESLIE LINCOLN - SBI Erroneously identified the victim’s DNA as Leslie Lincoln’s DNA - SBI Erroneously identified the victim’s DNA as Leslie Lincoln’s DNA - Prosecutor still wouldn’t give up and forced Ms. Lincoln to trial. Verdict NG!

69. Darryl Hunt, Gregory Taylor, Michael Peterson, others Freed!

70. VIRGINIA LAB NOW UNDER A CLOUD GOVERNOR ORDERS REVIEW OF MORE THAN 150 CAPITAL MURDER CONVICTIONS INVOLVING DNA EVIDENCE GOVERNOR ORDERS REVIEW OF MORE THAN 150 CAPITAL MURDER CONVICTIONS INVOLVING DNA EVIDENCE

71. LAB PROBLEMS NOT NEW UNCOVERED IN CRIME LABS IN 19 STATES AND COUNTING AND THE FBI CRIME LAB UNCOVERED IN CRIME LABS IN 19 STATES AND COUNTING AND THE FBI CRIME LAB - faulty blood analysis - flawed hair comparisons - contamination of evidence in DNA testing testing

72. FBI ANALYST PLEADS GUILTY FBI ANALYST, JACQUELINE BLAKE, PLEADED GUILTY TO A MISDEMEANOR CHARGE OF MAKING FALSE STATEMENTS ABOUT FOLLOWING PROTOCOL IN SOME 100 DNA ANALYSIS REPORTS FBI ANALYST, JACQUELINE BLAKE, PLEADED GUILTY TO A MISDEMEANOR CHARGE OF MAKING FALSE STATEMENTS ABOUT FOLLOWING PROTOCOL IN SOME 100 DNA ANALYSIS REPORTS

73. Conclusion Do not accept any forensic results, including DNA, at face value Do not accept any forensic results, including DNA, at face value Information now more readily available than ever Information now more readily available than ever You can learn this, and you have to learn it You can learn this, and you have to learn it