The Question of Fingerprints

Posted on February 6, 2009 by Denise Nalley

A few weeks ago Crim Prof Blog wrote about two LAPD fingerprint examiners who falsely implicated at least two people of crimes. These two examiners are allegedly linked to at least 1000 cases, 12 of which are currently pending in court.

The discovery came about after a Times newspaper article last fall revealed that six of LAPD’s print analysts had made critical errors in their work. Now the powers that be have decided that three month’s worth of cases should be reviewed. They would also like to start with the D.A.’s priority cases, which of course, may not be the same cases considered to be priority by the defense. They haven’t gotten very far in that review process due to lack of funding or due to lack of desire to make themselves look bad.

In the end it would be pure hubris to pretend that this issue is limited to these six analysts out of eighty or even to the LAPD lab. I purport that this problem reaches every crime lab in the nation.

The public operates under a misconception that the FBI’s Automated Fingerprint Identification System (AFIS) system works as a one fingerprint in – one fingerprint out match system. It is a not very publicized fact that one fingerprint goes in and many possible matches come out.  Also, many analysts or technicians use computer programs to “clean up” print images via computer programs like Adobe Photo Shop. (So, how authentic is the image really?) Then the so-called fingerprint analyst places all those prints side by side on a dual microscope against the alleged perpetrator’s prints and does an eyeball match-up. Two analysts can, and often do, differ in their opinion about what makes a match. There are no universal minimum requirements for a positive match in the U.S.. No double blind studies have been done. England, France, Argentina and Brazil have universal standards for fingerprint analysis, why shouldn’t the U.S.?

Questioning the infallibility of fingerprint evidence to most people is tantamount to committing heresy. But, why? If it really was an infallible science then wouldn’t it withstand intense scrutiny as all true science should? Such evidence should be disallowed in Court under the Daubert case until such standards are in place. There is no science here.

 

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Shackled Bank Robbery Suspect Fleeing in Van Shot by FBI

Posted on December 18, 2008 by Denise Nalley

Earlier today, Steven Boyd, an alleged bank robber, was handcuffed and in leg shackles in the backseat of an FBI minivan alone. The FBI special agents left the vehicle running with the keys in the ignition because it was “frigid” outside. Mr. Boyd took control of the vehicle and was shot in the chest by Special Agent #2 because he allegedly tried to run over Special Agent #1. If Boyd was in the vehicle alone, escaping, what was there to gain by running over Special Agent #1?

The press release states that the FBI is continuing its investigation into how Boyd got control of the vehicle. Well, perhaps he climbed from the backseat into the front seat put the minivan in drive and tried to drive away in an attempt to escape. No details were given about why Mr. Boyd was in the van alone, where the agents were standing or what they were doing while Boyd was moving around in the van or if the van had GPS .

Of course, I wasn’t there but Special Agent #2, who was there, commented he shot because he feared for his partner’s safety. It would be interesting to see photos of the bullet hole in the van. Was Boyd shot in the chest from the front or the back? Was Special Agent #1 really in danger or was this incident just really going to be embarrassing? Losing a shackled bank robber along with an FBI vehicle could potentially affect one’s long term career goals.

Again, I wasn’t there, but a man was shot. Just because the man shot was accused of a crime at the time he was shot doesn’t mean he automatically isn’t a victim. Just because the shooter was a “man in blue” doesn’t automatically make that shooter innocent.

Unrelated, but in the same theme, a Chicago Police Officer from the Narcotics Division shot a man while executing a search warrant earlier today. I noted while reading this article that it did not say that the man shot was the subject of the warrant. I also found it notable that while it said the police were allegedly “confronted” by a man with a gun that they mention recovering a gun from the scene as opposed to recovering the gun from his person. Fingerprinting that gun might be helpful, although, I can tell you from experience that it rarely happens outside of homocide cases. 

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